Martin Blades v. Volkswagen of America, Inc. and Arch Indemnity Insurance Co.

Summary

The Tennessee Court of Workers’ Compensation Claims held that Martin Blades would likely prevail in establishing that a workplace fall aggravated preexisting but asymptomatic left-hip arthritis and caused the need for hip-replacement surgery and ongoing treatment. The court ordered Volkswagen of America, Inc. to authorize reasonable and necessary treatment with Dr. Timothy Ballard and set a status hearing.

Holdings

1. Blades showed that he would likely prevail at a compensation hearing in proving that his need for left-hip replacement surgery and ongoing treatment arose primarily out of and in the course and scope of employment.
2. Aggravation of Blades's preexisting but asymptomatic left-hip arthritis was compensable because the workplace fall contributed primarily to the resulting need for treatment and surgery.
3. Volkswagen must authorize ongoing reasonable and necessary treatment of Blades's left-hip replacement with Dr. Ballard.

Questions Presented

1. Whether Blades was likely to prevail in proving that his need for left-hip replacement surgery and related treatment arose primarily out of and in the course and scope of his employment.
2. Whether the aggravation of Blades's preexisting, asymptomatic left-hip arthritis was compensable under Tennessee workers' compensation law.
3. Whether Volkswagen must authorize ongoing reasonable and necessary treatment by Dr. Ballard after denying authorized treatment and after Blades underwent surgery at his own expense.

Disposition

other