James Ellis Phillips v. The Pictsweet Company

James Phillips (“Employee”) worked for The Pictsweet Company (Employer”) as a truck driver and mechanic. He alleged that he sustained a compensable back injury on December 2, 2013. Employer eventually denied the claim primarily because the treating physician’s opinion was that Employee’s symptoms were caused by preexisting degenerative changes and were not related to his work. Although Employee received additional medical treatment through Tenncare, his condition did not improve. An IME physician opined that Employee’s condition was work-related and that he retained permanent impairment. The trial court found that Employee had sustained a compensable injury and awarded permanent partial disability benefits of 72% to the body as a whole. Employer has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm in part, modify in part, and reverse in part.