Ronnie Hamilton v. American Tissue Incorporated d/b/a American Tissue Mills of Tennessee, LLC., et al.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the plaintiff/employee insists the trial court erred in disregarding the testimony of Dr. Jay Segarra, the plaintiff’s medical expert and in making a conditional award of only 10 percent to the body as a whole. The employers contend the trial court erred in admitting into evidence the opinion testimony of Dr. Segarra because Dr. Segarra is not licensed in Tennessee and because the doctor committed a crime by providing medical service to the plaintiff in Tennessee. As discussed below, the panel has concluded the trial court committed no reversible error and that the evidence fails to preponderate against the findings of the trial court.