Cletus M. Thetford v. American Manufacturers Mutual Insurance Company, et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of facts and conclusions of law.  The trial court awarded the employee 60% permanent partial disability to the body as a whole and found that his work activities had advanced and anatomically changed his pre-existing arthritic condition. The employer contends that: 1) the employee did not give proper notice of his injuries; 2) that his work activities did not cause an advancement of his pre-existing arthritic condition; and 3) the disability award was excessive and unsupported by the evidence. For the reasons set forth below, we affirm the judgment of the trial court.