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Kelly v. Lay

6/16/2005

resulting from the December 1, 2000 injury.


Conclusion


The Panel concludes that the judgment of the trial court should be reversed, and that the preponderance of the evidence weighs in favor of the finding that Mr. Kelly has sustained a permanent vocational disability of 16% to the body as a whole, and that he is entitled to the payment of future medical expenses resulting from his work-related injury pursuant to Tennessee Code Annotated 50-6-204.


The case is remanded to the trial court for the award of discretionary costs and attorney fees and any further proceedings consistent with this opinion. Costs are assessed against the Appellees.


MARTHA B. BRASFIELD, SPECIAL JUDGE JUDGMENT ORDER


This case is before the Court upon the motion for review filed by the defendant-appellee, Frito Lay, Inc., 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.


It appears to the Court that the motion for review is not well-taken and is therefore denied. The Panel's findings of fact and conclusions of law, which are incorporated by reference, are adopted and affirmed. The decision of the Panel is made the judgment of the Court.


Costs are assessed to Frito Lay, Inc., and RSKO Claims Services, Inc., for which execution may issue if necessary.


It is so ORDERED.


Holder, J., not participating






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