Kevin Campbell v. PMO, Inc.

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. Employee was injured while attempting to adjust a moving conveyor belt. A post-accident drug screen of Employee revealed the presence of THC in his system. The amount of THC in Employee’s system was of such levels as to trigger the statutory presumption created by Tennessee Code Annotated section 50-6-110(c)(1) that his drug use was the proximate cause of his injury. Employer denied Employee’s claim. The trial court found that Employee had rebutted the statutory presumption by a  preponderance of the evidence and awarded benefits. Employer has appealed the trial court’s finding that the presumption created by Tennessee Code Annotated section 50-6-110(c)(1) had been rebutted. Employee has also appealed both the trial court’s award and denial of his motion for discretionary costs. Although we modify the denial of the motion for discretionary costs, we otherwise affirm the judgment.