Ana R. Padilla v. Twin City Fire Insurance Company - Dissenting

Case Number
M2008-02489-SC-WCM-WC

I respectfully dissent. A basic principle of the Workers’ Compensation Act (“the Act”) is its remedial purpose. Tenn. Code Ann. § 50-6-116 (2008); Trosper 1 v. Armstrong Wood Prods., Inc., 273 S.W.3d 598, 609 n.5 (Tenn. 2008). For years, this Court has interpreted this statutory mandate to favor the employee under circumstances where there is “reasonable doubt” surrounding the compensability of a work-related claim. In my view, the claimant, in this instance, is entitled to the benefit of the doubt. Moreover, the “street risk doctrine,” inaptly named, should serve as an alternative basis for the establishment of the causal relationship necessary to sustain the propriety of this claim.

Authoring Judge
Justice Gary R. Wade
Originating Judge
Chancellor Ellen Hobbs Lyle
Case Name
Ana R. Padilla v. Twin City Fire Insurance Company - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion