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FMS Lawyer Successful in Tennessee Supreme Court Appeal

In a December, 2017 trial, James E. Wagner defended a workers compensation case involving an employee of Alcoa, Inc. who died from pancreatic cancer. The employee’s widow claimed that the employee’s cancer was caused by workplace exposure to coal tar pitch.  The trial court dismissed the case for lack of medical evidence that coal tar pitch could cause this type of cancer.

On October 30, 2018, the Tennessee Supreme Court affirmed a decision of its Workers Compensation Panel that upheld the trial court’s decision. See the full opinion here.

The Supreme Court agreed with the trial judge that cross-examination of the employee’s expert witness showed that medical literature did not support his opinion of a connection between coal tar pitch and pancreatic cancer.

James practices in multiple area of the law, including workers compensation, personal injury and probate/estate planning.

 

Tags: James Wagner, Tennessee Supreme Court Appeal, Workers Compensation