Montraize Thomison v. Yates Services, LLC

Case Number
M2009-01556-WC-R3-WC

Employee alleged that he sustained two compensable injuries to his left knee. The first injury occurred on December 12, 2004, was accepted as compensable by employer, and resulted in an award of 15% permanent partial disability to the left leg. That award is not contested on appeal. Employee alleged that a second injury occurred on September 26, 2006. Employer denied liability for that injury. The trial court found that Employee sustained a second injury and awarded 30% permanent partial disability to the left leg. On appeal, Employer asserts that the trial court erred by finding that a compensable injury occurred, or in the alternative, that Employee sustained a permanent disability as a result of the injury. We conclude that the record contains no medical evidence of a causal nexus between the second injury and the alleged disability. Accordingly, we reverse the judgment of the trial court and remand the case.

Authoring Judge
Senior Judge Walter C. Kurtz
Originating Judge
Chancellor Robert E. Corlew, III
Case Name
Montraize Thomison v. Yates Services, LLC
Date Filed
Dissent or Concur
No