Joe Butler v. Tennessee Municipal League Risk Management Pool

Court Description:

Authoring Judge: Judge Don R. Ash

Trial Court Judge: Judge John D. McAfee

Joe Butler ( Employee ) alleged he developed invasive pulmonary aspergillosis due to his exposure to the aspergillus fungus during the course and scope of his employment with the Oneida Water Department ( Employer ). After a trial, the court concluded Employee failed to prove by a preponderance of the evidence his work activities were the proximate cause of his injury. Employee appeals, arguing the evidence preponderates against the trial court s findings. The appeal has been referred to the Special Workers Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After review, we reverse the trial court s judgment and remand for further proceedings.