OSCAR L. ROMERO PEREZ v. J&J TOVAR CONSTRUCTION, LLC, ET AL. - Articles

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OSCAR L. ROMERO PEREZ v. J&J TOVAR CONSTRUCTION, LLC, ET AL.

Posted by: Tanja Trezise on Dec 4, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Robert W. Knolton, Knoxville, Tennessee, for the employer-appellant, J&J Tovar Construction, LLC.

Attorneys 2: Ameesh A. Kherani and Federico A. Flores, Jacksboro, Tennessee, for the employee-appellee, Oscar L. Romero Perez.

Attorneys 3: David E. Goudie and Chad M. Jackson, for the appellees, Homestead Construction, Inc. and Northstone Insurance Company.

Attorneys 4: Rockforde D. King, Knoxville, Tennessee, for the appellee, Homestead Construction, Inc.

Attorneys 5: Allen Callison, Brentwood, Tennessee, for the appellee, Northstone Insurance Company.

Judge(s): CONNER

In this interlocutory appeal, all parties agree the employee suffered injuries that arose primarily out of and in the course and scope of his employment. The employee’s immediate employer was not insured for workers’ compensation purposes as of the date of the accident. A contractor for whom the immediate employer was working had a policy of workers’ compensation insurance and has been deemed a statutory employer in this case, but the insurer has filed a declaratory judgment action in another court challenging the validity of that insurance contract. The trial court entered an order compelling the employer and/or the statutory employer to provide ongoing medical benefits to which the injured worker is statutorily entitled, and the immediate employer has appealed, arguing the trial court should have ordered the statutory employer’s insurer to pay such benefits. Upon careful consideration of the record and arguments of counsel, we affirm the trial court’s order and remand the case.

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