David Boles v. Kirt T. Lamb D/B/A, Lamb Oil Company

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff drove a gas transport truck for eight years before he fell from the tanker following an inspection of it. After an initial onslaught of pain he resumed his duties. The day following, the pain returned, which he attributed to kidney stones. Three months later, a diagnosis of mid- back and low-back disc problems was made. Causation was vigorously disputed, since the plaintiff had a long history of pre- accident problems. Recovery was allowed. We affirm.