The Supreme Court of Tennessee reviewed the case of Conner Bros. Excavating Co. Inc. v. Long, in which Clyde L. Long appealed the decision of the Special Workers’ Compensation Panel regarding a work-related injury. The court determined that Long had sufficiently demonstrated, by a preponderance of the evidence, that his injury was indeed work-related, contrary to the findings of the trial court and the Special Workers’ Compensation Panel. Consequently, both judgments were reversed, and the case was remanded to the trial court for further factual determinations regarding Long’s compensable medical benefits, temporary disability benefits, and a permanent disability award. The court instructed that a hearing be held within sixty days to expedite the resolution of Long’s medical and disability claims. The case involved Long, who began working for Conner Bros. in 1989 and returned in 1997, suffering back pain while operating a compactor machine on October 27, 1997. Following the incident, he experienced increasing pain and required emergency medical attention, although he did not initially report the injury as work-related to his employer.
Mr. Long did not report a work-related injury when he contacted the appellee on the same day his condition worsened. He sought emergency treatment at St. Mary’s Hospital on November 1, 1997, where tests were inconclusive, and no injury was noted in his back. Subsequently, his family physician recommended an MRI. On November 7, Mr. Long sought approval for the MRI expenses from the appellee but was informed that only Ms. Conner, the executive vice-president, could authorize it. After consulting the appellee’s workers’ compensation carrier, he was referred to Dr. Edwin W. Schaumburg, an orthopedic surgeon, who diagnosed him with a bulging disc and later performed surgery on January 16, 1998. During his medical history, Mr. Long indicated that he was a heavy equipment operator and identified October 27, 1997, as the date of injury while also recalling a slip and fall incident at work around October 24, 1997. At trial, Dr. Schaumburg opined that there was a direct link between Mr. Long's work and his ruptured disc, assigning him a seven percent permanent impairment rating. Vocational assessments indicated a disability rating between twenty and sixty-five percent. However, the trial court ruled that Mr. Long failed to prove his injury was work-related, denying him workers’ compensation benefits. The Special Workers’ Compensation Panel affirmed this judgment. The standard of review for workers’ compensation cases allows for de novo review of the trial court's record, with a presumption of correctness unless evidence suggests otherwise. Review courts are not bound by trial court findings and can independently assess where the preponderance of evidence lies.
Considerable deference is given to a trial court's findings on witness credibility, especially when the judge has observed the testimony directly. However, when medical evidence is presented via deposition, appellate courts can independently assess the evidence. In this case, Mr. Long argued that the trial court incorrectly ruled his back injury was not work-related. The court concurred, stating that under Tennessee workers’ compensation law, injuries occurring in the scope of employment are compensable. Causation for such injuries is typically established through expert medical testimony, and while absolute certainty is not required, reasonable doubt should favor the employee.
The trial court's written judgment suggested Mr. Long did not prove his claim, but its verbal remarks acknowledged that work could have caused the injury. Significant evidence supported Mr. Long’s claim, including his testimony regarding the operation of the Rex compactor and the onset of pain shortly after use. Testimony from Dr. Schaumburg, which established a link between the injury and work, outweighed conflicting emergency room records. Consequently, the appellate court found that the evidence favored Mr. Long's claim of a work-related injury.
The court remanded the case for the trial court to determine the medical benefits, temporary disability benefits, and permanent disability award Mr. Long is entitled to, directing that this hearing occur within sixty days. The costs of the appeal were assigned to the appellee, Conner Bros. Excavating Co. Inc.
