James Carrigan v. Davenport Towing and Recovery Services, LLC, et al.

In this workers’ compensation action, the employee alleged that he sustained a compensable injury to his lower back while using a sledge hammer. He had injured his back in a similar manner a year earlier, and his employer asserted that the earlier event was the cause of the employee’s symptoms and need for additional medical treatment. The trial court found that the employee had sustained a compensable injury and awarded additional temporary and permanent disability benefits. The employer has appealed, challenging both the temporary and permanent disability benefits awarded. The employee raises two additional issues:  the adequacy of the vocational disability award and the trial court’s decision not to award certain discretionary costs. We reverse the trial court’s decision not to award the employee each of the discretionary costs requested; we affirm judgment of the trial court in all other respects.