Henry L. Cage v. Yasuda Fire & Marine Insurance Company of America, et al.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this appeal, the employer contends that the trial court erred by finding that the employee’s lung condition was causally related to his employment, by ignoring evidence that the employee omitted his pre-existing condition on his employment application and failed to give proper notice of his work related injury, and by finding that the employee was permanently and totally disabled and holding that the employer was liable for both the employee’s pre-existing sarcoidosis and aggravated asthmatic condition. For the reasons set out below, the Panel has concluded that the judgment of the trial court is affirmed, with costs assessed against the employer.