Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
Acknowledging that the trial court has substantial discretion in weighing the evidence, including the medical evidence, but noting as well that where all the medical evidence was in the form of deposition, the reviewing court analyzes the evidence without a presumption of correctness, a Tennessee appellate court reversed a trial court’s decision that a workers’ compensation claimant was entitled to PPD benefits associated with two separate episodes of heat exhaustion during one summer. Claimant’s expert, an orthopedic surgeon, professed familiarity with heat exhaustion, but admitted other types of specialists usually treated the condition and admitted he knew of no literature supporting the contention that permanent injury could result from heat exhaustion. The employer’s expert, on the other hand, had received specific training concerning heat exposure in the workplace, both in medical school and in graduate programs. This expert provided the court with much more detailed testimony, including weather data and information concerning claimant's job duties and non-work activities. The expert indicated it was medically undisputed that heat exhaustion did not cause permanent injury. Noting that all the medical tests performed after the episodes were within normal ranges, the appellate court held that the evidence preponderated against the trial court's finding that claimant sustained permanent disability.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Hollars v. United Parcel Serv., Inc., 2014 Tenn. LEXIS 190 (Mar. 7, 2014) [2014 Tenn. LEXIS 190 (Mar. 7, 2014)]
See generally Larson’s Workers’ Compensation Law, § 130.05 [130.05]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
For more information about LexisNexis products and solutions connect with us through our corporate site
_____________________________________________________________________
Price $99*; Books shipping now to customers!
Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get:
View the brochure & table of contents.
View sample pages.
Order online or contact Christine Hyatt at ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.
*Price does not include sales tax, shipping or handling. Price subject to change without notice.