By Courtney S. Paterson

Joshua T. King v. Compass Heating and Air, et al.             

Docket No. 2015-03-0886

State File No. 95439-2015

Filed November 22, 2016

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 temporary disability benefits.

Employee alleged suffering a hernia arising out of the course of his employment when he was assisting in the installation of an air conditioning unit that weighed approximately 200 pounds. He immediately felt a sharp pain, followed by the appearing of a bulge in his groin. He informed the employer of the injury and sought medical care within a few days of injury, where he was diagnosed with an acute inguinal hernia. The ER physician placed the employee on lifting restrictions. The employee stated he contacted the employer about his restrictions, and he was told there was no light duty work available. After an expedited hearing, the trial court concluded that the employee was likely to prevail at trial and ordered the employer to provide medical benefits and also awarded temporary disability benefits.

Having concluded, the evidence does not preponderate against the trial court’s determination; the appeals board affirmed the trial court’s decision and remanded the case.

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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