Kimberly Clark v. Hardee's Food Systems, Inc.,

Case Number
M2002-02942-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeal Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, employee, has appealed the trial court's decision in this case, holding the employee had failed to carry the burden of proof as to causation, and denied benefits. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed ALLEN W. WALLACE, SR.J., in which ADOLPHO A. BIRCH, JR., J. and JOHN K. BYERS, SR.J., joined. D. Andrew Saulters, Nashville, Tennessee for appellant, Kimberly Clark Vanessa L. Comerford, Brentwood, Tennessee for appellee, Hardee's Food Systems, Inc., et al. MEMORANDUM OPINION ISSUES The issues in this appeal as stated by the employee and employer are whether or not the trial court erred in ruling the employee failed to carry the burden of proof as to medical causation due to inconsistencies in her trial testimony and history given medical professionals. Employee alleges in this appeal that the inconsistencies in her testimony as well as her history given to medical professionals were caused by confusion on her part, or that the alleged inconsistencies were misinterpretations. -2-
Authoring Judge
Allen W. Wallace, Sr.J.
Originating Judge
Tom E. Gray, Chancellor
Case Name
Kimberly Clark v. Hardee's Food Systems, Inc.,
Date Filed
Dissent or Concur
No
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