JONATHAN WEBB v. GEM CARE, INC., ET AL. - Articles

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JONATHAN WEBB v. GEM CARE, INC., ET AL.

Posted by: Tanja Trezise on Apr 26, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: Jonathan Webb, Rutledge, Tennessee, employee-appellant, pro se.

Attorneys 2: Allen Callison and Trent Norris, Brentwood, Tennessee, for the employer-appellee, Gem Care, Inc.

Judge(s): CONNER

In this interlocutory appeal, the employee asserts the trial court erred in denying his request for temporary disability and medical benefits. The employee alleged he injured his left knee when he tripped on a floor mat at work. The employer denied the claim, asserting that: (1) the alleged incident was unwitnessed; (2) the employee did not report the alleged accident until after he had been terminated for cause; and (3) the employee had a preexisting history of left knee problems. Following an expedited hearing, the trial court determined the employee had not come forward with sufficient evidence indicating a likelihood of proving the occurrence of a compensable accident at trial, and it denied the claim for both temporary disability and medical benefits. The employee has appealed. Upon careful consideration of the record and arguments of the parties, we affirm in part and reverse in part the trial court’s order and remand the case.

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