TERRY GANDY v. MARTEN TRANSPORT, LIMITED, ET AL. - Articles

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Posted by: Azya Thornton on Mar 5, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: Connor R. Sestak, Nashville, Tennessee, for the employer-appellant, Marten Transport, Limited.

Attorneys 2: Ashley B. McGee, Nashville, Tennessee for the employee-appellee, Terry Gandy.

Judge(s): WEAVER

In this interlocutory appeal, the employer argues the trial court erred in determining the employee’s injury and subsequent need for medical treatment were primarily caused by a work accident. While working as a truck driver for the employer, the employee alleged he scratched his arm, causing a minor cut or laceration, which became infected. The employee developed necrotizing fasciitis, requiring amputation of his left arm and multiple surgeries on his right arm. The employer denied the claim, contending the employee injured his arm elsewhere, that he did not properly care for his wound, and that his underlying medical conditions were the primary cause of the infection’s worsening into necrotizing fasciitis. At the expedited hearing, both parties presented testimony from physicians specializing in infectious disease, and the employee presented proof from a psychiatrist that his preexisting depression had worsened following his amputation. The trial court found the employee suffered an injury while at work, which was the primary cause of the infection and the need for the amputation. The court awarded medical benefits, including the payment of past medical bills, treatment with an infectious disease physician, and the provision of a panel of psychiatrists. The trial court also found the employee was presumably entitled to temporary total disability benefits but reserved ruling on the amount due to the lack of proof in the record. The employer has appealed. Having carefully reviewed the record and the arguments of counsel, we affirm the trial court’s finding that the employee will likely prevail at trial in establishing he suffered an injury in the course and scope of his employment that is the primary cause of his need for medical treatment; we modify the award for medical benefits; we vacate the award of temporary total disability benefits; and we remand the case.

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