Summary
This memorandum opinion from the Tennessee Workers' Compensation Appeals Board reviews an interlocutory appeal concerning an employee's claim for work-related hernia benefits. The Appeals Board affirmed the trial court's decision denying benefits, finding that the employee failed to definitively prove the five statutory elements required under Tennessee Code Annotated section 50-6-212 for a compensable hernia. Specifically, the record lacked evidence showing when the injury occurred, that it appeared suddenly, or that it was immediately accompanied by pain. The case is remanded for further proceedings as necessary.
Topics
Practice areas
Questions Presented
- Whether the employee satisfied the statutory requirements of Tenn. Code Ann. § 50‑6‑212 to establish a compensable hernia.
Holdings
- The employee failed to meet the five statutory elements and therefore the denial of workers’ compensation benefits is affirmed.
Key quotations
“The statute governing hernias is specific as to what proof an injured worker must present to receive compensation for a work‑related hernia.” (at 4)
“Employee has not presented sufficient evidence to establish he will likely prevail at a hearing on the merits in proving all five elements of Tennessee Code Annotated section 50‑6‑212.” (at 4)
Factual background
Victor Leon, an employee of Bimbo Bakeries, Inc., alleged he sustained an umbilical hernia after heavy lifting on the job. He first noticed a change in December 2022, experienced pain in July 2023, and filed a workers’ compensation claim on December 28, 2024. The employer denied benefits, asserting the hernia was not proven to have arisen suddenly, accompanied pain, or directly followed an accident, as required by Tenn. Code Ann. § 50‑6‑212.
Procedural history
The trial court denied workers’ compensation benefits for a hernia, finding the employee failed to satisfy the statutory elements of Tenn. Code Ann. § 50‑6‑212. The employee appealed the denial.
Remand instructions
Remand the case to the trial court for further proceedings as may be necessary.