Linda Lou McDougal v. Goodyear Tire & Rubber Company

In this workers’ compensation action, the employee alleged that she injured her neck in a forklift accident. Her employer did not deny that the event occurred but contended that her symptoms were caused by preexisting degenerative changes. The employee eventually had surgery and sought workers’ compensation benefits. In addition to causation, the employer asserted that the claim was barred by the statute of limitations. The trial court found that the employee had sustained a compensable injury and made a finding concerning the extent of her permanent disability. However, it held the record open to permit the taking of additional proof concerning the statute of limitations. After considering that evidence, the court found that the claim was timely and awarded benefits pursuant to its original ruling. The employer has appealed, challenging the trial court’s rulings on the statute of limitations and causation. Pursuant to Tennessee Supreme Court Rule 51, 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. We affirm the judgment of the trial court.