Apportionment of Liability Upheld in Case for Worker Who Nixed Surgery

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals panel ruled that a worker’s decision to forego corrective surgery because of his pre-existing heart condition did not justify a greater shift in liability from his employer to the Second Injury Fund. Case: Tankersley v. Batesville Casket Co., No. M2016-02389-SC-R3-WC, 01/26/2018, published. Facts: Billy Tankersley worked for the Batesville Casket Co. for 37 years before he injured his right arm and shoulder in 2012. Dr. James Rungee determined that Tankersley had suffered a biceps tendon rupture and rot...