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Joel Davis Moultrie v. Goodyear Tire & Rubber Company et al.
State: Tennessee
Court: Tennessee Eastern District Court
Docket No: W2007-00865-WC-R3-WC
Case Date: 08/04/2008
Plaintiff: Joel Davis Moultrie
Defendant: Goodyear Tire & Rubber Company et al.
Preview:IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT JACKSON
March 24, 2008 Session JOEL DAVIS MOULTRIE v. GOODYEAR TIRE & RUBBER COMPANY ET AL.
Direct Appeal from the Chancery Court for Obion County No. 25,373 William Michael Maloan, Chancellor

No. W2007-00865-WC-R3-WC - Mailed June 23, 2008; Filed August 4, 2008

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. Tenn. Code Ann.
Download moultrieOPN.pdf

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