Clarence Trosper vs. Armstrong Wood Products, Inc.

Case Number
E2007-00816-SC-WCM-WC

Following surgeries on both of his hands, the employee filed suit seeking workers’ compensation benefits on the theory that the repetitive nature of his work in the employer’s flooring business exacerbated a pre-existing, but dormant, arthritic condition. The trial court found that the employee’s work duties had worsened his osteoarthritis and awarded 40% permanent partial disability to each hand. The trial court also awarded temporary total disability benefits for the time during which the employee was recuperating from the surgeries and unable to work. The Special Workers’ Compensation Appeals Panel reversed the trial court, holding that the employee’s condition was neither caused nor aggravated by the work he performed for the employer. Because the evidence does not preponderate against the trial court’s finding of causation and the award of benefits, we reverse the decision of the Appeals Panel and affirm the judgment of the trial court.

Authoring Judge
Justice Gary R. Wade
Originating Judge
Chancellor Billy Joe White
Case Name
Clarence Trosper vs. Armstrong Wood Products, Inc.
Date Filed
Dissent or Concur
This is a dissenting opinion
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