Timothy L. Bingham v. Chickasaw Council, Boy Scouts of America, et al.

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 hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Appellee/Plaintiff, Timothy L. Bingham ("Employee"), alleges that while on a boy scout camping trip he received a tick bite, resulting in Rocky Mountain Spotted Fever ("RMSF"). Employee was diagnosed with severe septic shock, pancreatitis, necrosis in the foot, acute renal failure, dehydration, hepatitis B, high blood pressure, high cholesterol, and HIV. The trial court found Employee's medical condition of acute pancreatitis was caused by the tick bite and that Employee was totally and permanently disabled. Appellant/Defendant, Chickasaw Council, Boy Scouts of America ("Employer"), appeals challenging the ruling of the trial court upon the grounds that medical evidence preponderates against the findings of the trial court. We find the evidence preponderates against the findings of the trial court and reverse the trial court.