Johnny Phillips v. A&H Construction Company, Inc. and Evergreen National Indemnity

Case Number
M2003-00353-SC-R10-CV

We granted permission to appeal in this case to determine whether the Chancellor erred in denying temporary total disability benefits because he concluded that injuries due to an idiopathic loss of consciousness are not compensable under the Workers' Compensation Act. We hold that an injury due to an idiopathic condition is compensable if an employment hazard causes or exacerbates the injuries. The accident arises out of employment if there is a causal connection between the conditions under which the work is performed and the resulting injury. This causal link must be between the employment and the injury, rather than between the employment and the idiopathic episode. We affirm the Chancellor's factual finding that Phillips's injuries occurred within the course of his employment. Thus, the judgment of the Chancellor is reversed in part, affirmed in part, and this case is remanded to the chancery court for reinstatement of temporary total disability benefits and further proceedings consistent with this opinion.

Authoring Judge
Justice Frank F. Drowota, III
Originating Judge
Chancellor Robert E. Corlew, III
Case Name
Johnny Phillips v. A&H Construction Company, Inc. and Evergreen National Indemnity
Date Filed
Dissent or Concur
This is a dissenting opinion
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