Trebion Lindsay v. United Parcel Service, Inc. and Liberty Mutual Insurance Company

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 a hearing and a report of findings of fact and conclusions of law. Employee sought workers' compensation benefits for a June 2000 injury to his right shoulder and a November 2000 injury to both shoulders. He had surgery to repair a torn labrum of the right shoulder in November 2003. The trial court dismissed the November 2000 claim based upon the statute of limitations, and found that the labral tear was not caused by the June 2000 injury. Employee has appealed, contending that the evidence preponderates against the trial court's decision. We affirm the judgment.