WORKERS COMPENSATION PANEL OPINIONS

In this workers’ compensation action, the employee sought permanent partial disability benefits for an injury to her hip and lower back. Her employer agreed that her hip injury was compensable, but denied that she had suffered a permanent disability. It also denied that her alleged back injury was compensable. The trial court found for the employee, and awarded permanent disability benefits for both injuries. Her employer has appealed, arguing that the medical evidence preponderates against the trial court’s findings. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

Upon the death of her husband from asbestos-related pulmonary disease, the plaintiff filed suit for workers' compensation benefits. Because her husband had previously settled a disability claim for 400 weeks of benefits, the employer denied the claim. The trial court awarded the funeral expenses of the husband but declined to grant benefits to the plaintiff as his dependent over and above the amount of the settlement. Her appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rufe 51. Although the plaintiff may make a separate claim for benefits, she is not entitled to any recovery beyond funeral expenses because the amount of her entitlement, as controlled by the date of her husband's injury, would not be in excess of the amount of his settlement. The judgment is, therefore, affirmed.

An employee was hospitalized with severe respiratory problems after spending about four days over the course of two weeks power-washing the roof of a commercial building his employer owned. The employee’s treating physician ordered numerous tests, none of which revealed definitively the cause of his condition. Based on the employee’s response to steroid medication and the fact that medical testing revealed no infection or other condition, the treating physician opined that the employee had developed interstitial lung disease from his exposure to a combination of toxic substances while washing the roof. In contrast, the employer’s consulting physician opined that the employee was not exposed to toxic substances in sufficient concentrations while washing the roof to cause interstitial lung disease and that the employee’s condition had been caused by infectious pneumonia, which was not detected by testing during the employee’s hospitalization because the testing was conducted too soon after the infection developed. The employer denied the employee’s workers’ compensation claim, and the employee filed suit in the Chancery Court for Putnam County. The trial court found for the employee and awarded 92.5% permanent partial disability. The employer has appealed, arguing that the proof preponderates against the trial court’s finding of causation and award of 92.5%. The appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

In this workers’ compensation action, the employee sustained multiple injuries in a work-related incident in April 2005, when approximately 1,500 pounds of stockade gates fell on him. The employee later returned to work for the employer in his previous position as a truck driver. The parties settled the employee’s claim for workers’ compensation benefits based upon a 34.5% permanent partial disability to the body as a whole, plus future medical benefits. The employee continued having bilateral shoulder pain as a result of his injuries and in August 2008 had surgery on his left shoulder to repair a torn rotator cuff. After the surgery, however, he developed an infection and required a second surgery, which revealed the failure of the rotator cuff repair. Because of the poor result of those surgeries, the employee declined the recommended surgery on his right shoulder. In February 2011, the employee filed a complaint seeking reconsideration of his previous award, alleging that he had ceased working for the employer in January 2010 because he could no longer physically perform his duties due to his earlier compensable injuries. The trial court found that the employee was entitled to reconsideration and awarded additional permanent partial disability benefits (with credit for the benefits previously paid). The employer has appealed. Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. We affirm the trial court’s finding that the employee is entitled to reconsideration but reverse its finding as to permanent partial disability.

In this workers’ compensation action, the employee alleged that she sustained permanent disability from a work-related injury to her right shoulder. Her employer denied that the injury caused a permanent disability. The trial court found that the employee was permanently and totally disabled as a result of her work injury and entered a judgment to that effect. The employer has appealed, contending that the trial court erred by finding permanent and total disability. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

The employee, a truck driver for McMinn County, suffered injuries in a job-related accident. Later, he filed a claim for workers’ compensation benefits claiming that he had been permanently and totally disabled as a result of his injuries. The employer acknowledged that the employee’s shoulder and leg injuries were compensable but argued that his spinal injuries were not work related. Because a physician who performed two spinal surgeries on the employee was not listed on the employer’s panel of medical providers, the employer denied responsibility for the associated medical costs. While ordering that all of the employee’s injuries were compensable and granting permanent total disability benefits, the trial court did not require the employer to pay the medical costs incident to the second surgery. In this appeal, the employer maintains that the trial court erred by holding that the employee was entitled to recover either benefits or the cost of medical treatment for his spinal injuries. In response, the employee argues that the trial court erred by failing to award payment of the medical costs incident to the second surgery. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of facts and conclusions of law pursuant to Tennessee Supreme Court Rule 51. The judgment is affirmed, but modified to require the employer to pay the medical costs incident to the second surgery. The cause is remanded for an assessment of the medical expenses related to the second surgery.

In this workers’ compensation case, the employee alleged he suffered a ruptured cervical disk while lifting metal plates at work. His employer denied the claim, contending the neck injury was caused or worsened by a subsequent motor vehicle accident. The employee filed this action in the Chancery Court of Hardeman County, seeking workers’ compensation benefits. The trial court ruled in favor of the employee, awarding temporary and permanent disability benefits plus future medical benefits. The employer has appealed, contending the evidence preponderates against the trial court’s finding. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

I concur fully in the majority’s conclusion on the issue of estoppel. On the statute of limitations issue, however, I respectfully dissent.

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. In this hearing-loss case, the employer raises a single issue on appeal: whether the trial court erred in finding that employee’s workers’ compensation claim is not barred by the applicable one-year statute of limitations. We affirm the trial court’s judgment finding that the claim was timely.

In 2007, the employee suffered a work-related back injury, for which he filed a workers’ compensation claim. After conservative treatment failed to provide relief, the employee obtained an unauthorized fusion surgery. The parties settled the workers’ compensation action in 2009. The settlement provided for “future medical benefits relating to the back injury” of 2007, while precluding future benefits for unauthorized care. In 2011, the employee sought authorization for a second surgerybyan authorized surgeon. The employer refused. The trial court ordered the employer to payfor the second surgery, and the employer has appealed. After reviewing the record, we conclude that the employer has appealed an order that is not final and that this Court does not have subject matter jurisdiction to hear this appeal. Thus, this appeal is dismissed.
 

In this workers’ compensation action, the employee suffered a compensable back injury. Surgery did not relieve his symptoms of severe pain. The trial court awarded 84% permanent partial disability benefits. The employer filed a motion to set aside the judgment based on the employee’s alleged failure to supplement his discovery responses. The trial court denied the motion. The employer has appealed, contending that the award is excessive and that the trial court erred by denying its post-trial motion. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and report of findings of fact and conclusion of law. The Employee alleged that he sustained a gradual injury to his back in 2007 as a result of his work as a maintenance technician. His employer denied that a compensable injury had occurred and denied that employee had provided timely notice. The trial court found the Employee had sustained a compensable injury and that timely notice had been given. The trial court also found that the Employee had been terminated for cause and limited the award to one and one-half times the anatomical impairment. The Employer has appealed, asserting that the evidence preponderates against the trial court’s finding on compensability. We reverse the judgment of the trial court.

An employee alleged that he suffered a work-related hearing loss. After finding that the employee established a compensable injury, the trial court awarded 40% permanent partial disability benefits. The employer appealed, contending that the evidence preponderates against the trial court’s finding that the employee suffered a compensable injury. Alternatively, the employer contends that the award was excessive. We affirm the decision of the trial court.

In this workers’ compensation action, the employee alleged that he sustained a compensable injury to his lower back while using a sledge hammer. He had injured his back in a similar manner a year earlier, and his employer asserted that the earlier event was the cause of the employee’s symptoms and need for additional medical treatment. The trial court found that the employee had sustained a compensable injury and awarded additional temporary and permanent disability benefits. The employer has appealed, challenging both the temporary and permanent disability benefits awarded. The employee raises two additional issues:  the adequacy of the vocational disability award and the trial court’s decision not to award certain discretionary costs. We reverse the trial court’s decision not to award the employee each of the discretionary costs requested; we affirm judgment of the trial court in all other respects.

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee reported to his employer that he had sustained bilateral carpal tunnel syndrome as a result of his work activities. The employer provided the employee with medical treatment. After the parties reached an impasse at the benefit review conference, the employer filed a petition seeking a determination of whether the employee was entitled to additional workers’ compensation benefits. The employee’s pre-trial motion to compel discovery was denied by the trial court. At trial, both sides presented expert medical evidence to support their positions as to the cause and nature of the employee’s condition. The trial court denied the employee’s claim, accrediting the testimony of the employer’s expert witness that the employee did not suffer from carpal tunnel syndrome and that his symptoms did not arise out of or occur in the course and scope of his employment. On appeal, the employee contends that the trial court abused its discretion in denying his motion to compel discovery and in accrediting the testimony of the employer’s expert witness. After careful review, we affirm the judgment of the trial court.
 

This appeal arises from a dispute over post-settlement medical care. The employee alleged that he developed asthma as a result of exposure to welding fumes in the workplace. The employee and employer settled the workers’ compensation claim. The trial court’s order approving the parties’ settlement provided that the employer would pay employee permanent partial disability benefits and provide future medical care “for the work related injury described” in the order. The trial court also designated Dr. Robert Younger III as the treating physician. Following the settlement, a dispute arose between the parties regarding payment for Dr. Younger’s treatment. The employer refused to pay for continuing treatment for the employee’s asthma because he was no longer exposed to welding fumes. The employee sought to require the employer to pay for the medical treatment Dr. Younger provided. After reviewing the medical proof submitted by the parties, the trial court ordered the employer to pay for Dr. Younger’s recommended treatment. The employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. The employee alleged she sustained a gradual injury to her cervical spine as a result of her job. Her employer denied her condition was work-related and contended that her claim was barred by her failure to provide timely notice of her claim and the operation of the statute of limitations. The employer also argued subsequent employers were liable per the last injurious injury rule. The trial court found for the employee and awarded benefits. On the employer’s motion to alter or amend, the trial court held that the employee’s award was capped at one and one-half times the anatomical impairment rate pursuant to Tennessee Code Annotated section 50-6-241(d)(1). The employer appeals, contending the evidence preponderates against the trial court’s findings concerning compensability and the statute of limitations. The employee asserts the trial court erred by capping her disability award. We affirm the judgment of the trial court.
 

After the employee sustained a compensable injury to his low back which required surgery, he returned to work. The company for which he worked was sold to another entity after the date of injury but before the employee’s return to work. At trial, both parties agreed that the one and one-half times multiplier cap did not apply because the sale of the company was a “loss of employment” for the purposes of Tennessee Code Annotated section 50-6241(d). At trial, the employee was awarded 78% permanent partial disability, the maximum permitted under law, based on an anatomical rating of 13%. The employer has appealed and is contending that the award is excessive. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment.
 

In this workers’ compensation appeal, the employee, a truck driver, alleged that he injured his right shoulder and low back when his tractor-trailer overturned. His employer stipulated that the shoulder injury was compensable, but denied that he had sustained a permanent back injury. Instead, the employer contended that the employee’s back symptoms were the result of a previous back injury, which had been the subject of a previous workers’ compensation claim and settlement. The trial court determined that the employee had suffered a new, compensable back injury and was permanently and totally disabled. The trial court apportioned 80% of the liability for the award to the employer and 20% to the Second Injury Fund. Employer has appealed, contending that the trial court erred by finding that a new, compensable back injury occurred. In the alternative, it argues that the trial court incorrectly apportioned the award. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.
 

An employee suffered multiple injuries in a work-related accident in November 2006 when a fan located in a boiler in which he was working suddenly deployed, causing him to lose his footing and fall. After providing medical treatment, the employer denied the employee’s claim for workers’ compensation benefits, and the employee sought additional medical treatment. The trial court found the claim to be compensable and awarded the employee permanent total disability benefits. The trial court imposed no liability on the Second Injury Fund. We affirm the trial court’s judgment.

This workers’ compensation appeal arises from a petition for post-judgment medical care. The trial court initially found that the employee had sustained a compensable injury to his neck and awarded benefits, including future medical care. Shortly after the entry of a final judgment, which designated a treating physician, a dispute arose over employee’s medical treatment and a proposed surgical procedure. The employee petitioned the trial court to directhis employer to payfor his medical treatment. The employer requested an independent medical evaluation. The surgery took place while the petition was pending. Several days later, the employee suffered a brain hemorrhage. The trial court ruled that the surgical procedure was reasonably related to the work injury, but the hemorrhage was not; thus, it directed the employer to pay for the former but not the latter. After additional proceedings, the trial court awarded attorneys’ fees to the employee, but not the full amount requested. The employer has appealed, contending that the fee award is excessive. The employee contends that the trial court erred byfinding that treatment of the hemorrhage was not related to his work injury and by not awarding the attorneys’ fees requested. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court declining to order the employer to provide treatment for the hemorrhage. Because the record is insufficient to allow for review, we vacate the trial court’s award of attorneys’ fees and remand for further proceedings consistent with this decision.
 

The employee alleged that his pre-existing heart failure was permanently worsened by an accidental inhalation of cement dust on the job. The workers’ compensation insurer for the employer asserted that the worsening of the heart failure was a natural progression of the condition and that the inhalation event had no permanent effect on the employee. Cardiologists testified in support of each side’s theory. The trial court found for the employee and awarded permanent total disability benefits. The insurer has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel, pursuant to Tennessee Supreme Court Rule 51, for a hearing and a report of findings of fact and conclusions of law. We affirm the judgment of the trial court.

The employee, a surgical technician, worked full-time for the employer at a hospital. In addition to her regular hours, the employee worked on-call shifts on a rotating basis subject to specific rules and restrictions. During an on-call shift, the employee was required to return to the hospital during the early morning hours for emergency surgery. After leaving the hospital to drive home but while still subject to call, the employee was seriously injured in an automobile accident. The employee filed suit for workers’ compensation benefits. The trial court denied recovery, and the employee appealed. In accordance with Tennessee Supreme Court Rule 51, the appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Because the evidence establishes that the employee falls within an exception to the “coming and going rule,” the judgment of the trial court is reversed and the case is remanded for an award of benefits.

In this worker’s compensation case, the employee alleged that his job caused a compensable aggravation of arthritis in his knees. The trial court found that his employment had caused only an increase of symptoms, and, therefore, he did not sustain a compensable injury. The employee has appealed. Pursuant to Tennessee Supreme Court Rule 51, this appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. We affirm the judgment of the trial court.

The employee alleged that he sustained an on-the-job injury in June 2004. The settlement of that claim was approved in December 2004. The employee alleges in this case that he suffered additional compensable injuries in June 2005 and July 2006. The employer contends that the new allegations pertain not to new injuries but rather a continuation of symptoms from the 2004 injury. The employee also filed a third-party tort action arising from the 2004 injury. The employer intervened in the tort case to protect its medical subrogation lien. The parties settled all claims at a joint mediation that resulted in the tort defendant paying a sum of money, the employee dismissing with prejudice this workers’ compensation case, and the employer reducing its medical subrogation lien. Accordingly, the workers’ compensation case was dismissed with prejudice. More than a year later, the employee moved to vacate the dismissal, contending that he had not authorized it, and the employer moved to strike that motion. While these motions were pending, the employee sought to depose the mediator, the third party’s attorney, and the employer’s attorney. After an evidentiary hearing, the trial court found that the employee had agreed to the dismissal, and it granted the employer’s motion to strike. The trial court also quashed the deposition subpoenas issued at the employee’s request. The employee has appealed from these orders, and the appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.