Joel Davis Moultrie v. Goodyear Tire & Rubber Company et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law.  After working an evening shift at his job, the employee awoke the next morning with severe back pain. He sought medical treatment through his family physician who referred him to a neurosurgeon.  Within a few days, he had surgery to repair bone spurring and degenerative changes in his cervical spine. After the surgery, he informed his supervisor that he believed his job caused his condition.  He made a workers’ compensation claim, which his employer denied. The trial court found that his injury was work-related and awarded 50% permanent partial disability to the body as a whole. The employer has appealed, contending that the claim is barred by failure to comply with the notice requirement of the workers’ compensation law, and that the employee did not sustain his burden of proof concerning causation. We affirm the judgment of the trial court.