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Reddick v. Murray9/19/2001
ngham v. Shelton Sec. Service, Inc., ___ S.W.3d ___ (Tenn. 2001).
From our independent examination of the evidence, we find no explanation for the claimant's acutely herniated disk, other than hers that it occurred at work while she was cleaning up her work area. She told Dr. Barnett it happened at work. Her uncontradicted testimony is supported by the uncontradicted testimony of Ms. Cole and the claimant's husband. Perhaps the four witnesses who were waiting in the wings when the trial court took the case under advisement and adjourned court at the conclusion of the plaintiff's case would have offered countervailing evidence, in which case there would have been other evidence against which the testimony of the claimant and her corroborating witnesses could have been weighed and evaluated. At this point, however, there is none. A worker's compensation claimant's uncontradicted testimony as to causation, supported by the opinion of a qualified medical expert, should not be ignored because of inconsistencies in her testimony concerning extraneous matters. A prima facie case was made out.
For the above reasons, the judgment of the trial court is reversed and the cause remanded to the Chancery Court for Madison County for full trial of the issues raised by the pleadings. Costs are taxed to the appellee, Murray, Inc.
ORDER
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. ยง 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not well-taken and should be denied and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs on appeal are taxed to Murray, Inc.
IT IS SO ORDERED this 19th day of September, 2001.
PER CURIAM
Holder, J. - Not participating.
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