MacDonald vs. Greene County Sheriff's Department

N/A

OUTCOME:

This interlocutory appeal involves a sheriffs deputy who suffered a work-related left ankle injury and a subsequent right ankle at his home, which he contends is the direct and natural consequence of ... the left ankle injury. The panel physician selected to treat the employee's injuries opined that the right ankle injury was a direct and natural consequence of the work-related left ankle injury. The employer denied compensability of the right ankle injury, asserting it did not occur in the course and scope of employment. Following the filing of Petitions for Benefit Determinations for both injuries and unsuccessful efforts to resolve the parties' disputes through mediation, the employee filed Requests for Expedited Hearings seeking rulings on file reviews without evidentiary hearings. After consolidating the cases the trial court determined that the second injury was a direct and natural consequence of the work-related left ankle injury and awarded medical and temporary disability benefits. The employer has appealed, asserting the trial court had no statutory authority to conduct an expedited hearing since no catastrophic injury was involved and contesting the award of temporary disability benefits. We affirm the trial court's order and remand the case for such additional proceedings as may be necessary.