Brian Machuta v. Royal & SunAlliance Insurance

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 a hearing and a report of findings of fact and conclusions of law. The Employee sustained a compensable injury to his lower back in February 2000. He had surgery to repair the injury in July 2000 and returned to work in September of that year. In April 2001, he completed a temporary day shift assignment. Shortly thereafter, he moved to Florida. The timing and cause of the move are disputed. In July 2002, he consulted a doctor in Florida for low back pain.  He had a second surgery in May 2003. The Employer admitted liability for the February 2000 injury and surgery, but denied that the second surgery was compensable. The trial court found that the Employee had a meaningful return to work after the initial injury, that the second surgery was not compensable and awarded 25% permanent partial disability to the body as a whole. The Employee has appealed, contending that the trial court erred in finding that the second surgery was not related to the initial injury. We affirm the judgment of the trial court.