By Courtney S. Paterson

Darlene Noel v. EAN Holdings, LLC, et al.             

Docket No. 2016-08-0054, 2016-08-0069

State File No. 45760-2015, 9570-2015

Filed January 19, 2017

Posture

This is a case before the Appeals Board on interlocutory appeal filed by the employer, and the dispute was whether the employer should be required to provide the employee medical benefits.

The employee worked for her employer at an airport rental care facility. The employee first alleged an injury on January 16, 2015, when she was struck in the upper back by a door that had been opened forcefully by a co-worker. She alleged a second injury on January 23, 2015, when she was approaching an automatic door that failed to open properly, resulting in her striking the door with her head. Both accidents were witnessed by co-workers.

The employer denied benefits, asserting that any medical conditions, pain or other symptoms were related to a September 5, 2013 work-related fall, which the parties had settled on January 15, 2015. Following an expedited hearing, the trial court concluded in both cases that the employee had presented sufficient evidence to entitle her to a panel of physicians but not an award of temporary disability benefits.

The appeals board affirmed the trial court’s decision. It found sufficient evidence to support the employee being involved in accidents at work that triggered the employer’s obligation to provide panels of physicians. She was not awarded temporary disability benefits.

 

An associate with Spicer Rudstrom since 2009, Courtney focuses her practice on automobile liability, insurance coverage litigation, insurance defense litigation, insurance subrogation, premises liability, products liability and workers’ compensation. She is admitted to practice in all trial and appellate state courts in Tennessee, as well as the U.S. District Court for the Middle District of Tennessee.

 

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