Legal Opinion · Dissent

Clarence Trosper v. Armstrong Wood Products, Inc.

Tennessee Supreme Court

Decided December 30, 2008No. E2007-00816-SC-WCM-WCPublished

1Dissent

*610WILLIAM C. KOCH, JR., J.,

dissenting.

The Court in this ease has reversed the holding of the Special Workers’ Compensation Appeals Panel that Mr. Trosper failed to prove that his preexisting osteoarthritis was permanently worsened by work he performed in the winter of 1997-1998. Based on a selective review of the evidence, the Court has concluded that Mr. Trosper is entitled to workers’ compensation benefits because his work “advanced the severity” of his osteoarthritis. I respectfully disagree that Mr. Trosper has carried his burden of proof in this case.

I

Mr. Trosper went to work for Armstrong…

2Cases cited36 opinions

  1. Orman v. Williams Sonoma, Inc.Tennessee Supreme Court · 1991
  2. Tindall v. Waring Park Ass'nTennessee Supreme Court · 1987
  3. Thomas v. Aetna Life & Casualty Co.Tennessee Supreme Court · 1991
  4. Fritts v. Safety National Casualty Corp.Tennessee Supreme Court · 2005
  5. Fink v. CaudleTennessee Supreme Court · 1993

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