Franklin James Williams v. The Goodyear Tire & Rubber Company, et al.

Case Number
W2008-00640-SC-WCM-WC

 This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee alleged that he developed carpal tunnel syndrome as a result of his work for Employer. Employer denied the claim. At trial, an evaluating physician opined that the condition was work-related but admitted that he had no specific knowledge of the tasks performed by Employee in the course of his job. Employer sought to exclude the testimony of the physician, contending that it was based upon speculation. The trial court admitted the testimony, found the condition to be compensable, and awarded benefits. On appeal, Employer contends that the trial court erred by admitting the physician’s testimony, that the evidence preponderates against the judgment, and by not applying the missing witness rule as to the treating physician, who did not testify. Further, Liberty Mutual contends that there is no evidence in the record that it was Employer’s insurer at the time of this injury. We dismiss the complaint against Liberty Mutual and otherwise affirm the judgment.

Authoring Judge
Special Judge D. J. Alissandratos
Originating Judge
Chancellor William Michael Maloan
Case Name
Franklin James Williams v. The Goodyear Tire & Rubber Company, et al.
Date Filed
Dissent or Concur
No
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