Legal Opinion

Capps v. Goodlark Medical Center, Inc.

Tennessee Supreme Court

Decided February 4, 1991PublishedCited by 5 opinions

1Opinion of the Court

OPINION

DAUGHTREY, Justice.

In this workers’ compensation appeal, we are asked to apply T.C.A. § 50-6-212(a), the so-called “hernia statute,” to a unique set of facts involving the development of a work-related hernia at the site of a prior surgical incision. The trial court held that recovery was barred under subsection (5) of the statute, involving the non-compensa-*888bility of pre-existing hernias. We disagree and reverse the judgment of the trial court.

STANDARD OF REVIEW

We note at the outset that the dispositive issue in this case is a question of law involving statutory interpretation. Hence,…

2Cases cited6 opinions

  1. Banks v. St. Francis HospitalTennessee Supreme Court · 1985
  2. Matthews v. Hardaway Contracting Co.Tennessee Supreme Court · 1942
  3. Katz v. BilskyCourt of Appeals of Tennessee · 1988
  4. Wood v. Edenfield Electric Co.Tennessee Supreme Court · 1962
  5. F. H. Lawson Co. v. RamboTennessee Supreme Court · 1971

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Mannery v. WAL-MART DISTRIBUTION CENTERTennessee Supreme Court · 2002
  2. Jones, Betsy A. v. Dollar GeneralTennessee Court of Workers' Compensation Claims · 2017
  3. Long, Anthony v. Hamilton-RykerTennessee Court of Workers' Compensation Claims · 2015
  4. State ex rel. Gibbons v. JacksonCourt of Appeals of Tennessee · 1999
  5. State of Tennessee, ex rel, William L. Gibbons v. Sherrod Jackson, Robert Williams, Nathaniel Williams, Mike Williams, Shirley Blalock, and Steven Craig CooperCourt of Appeals of Tennessee · 1999

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