JOSEPH CARPENTER v. AMERICAN WATER HEATER COMPANY, ET AL. - Articles

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JOSEPH CARPENTER v. AMERICAN WATER HEATER COMPANY, ET AL.

Posted by: Azya Thornton on Jul 12, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: Joseph Carpenter, Elizabethton, Tennessee, employee-appellant, pro se.

Attorneys 2: LeeAnne Murray and Taylor Pruitt, Brentwood, Tennessee, for the employer-appellee, American Water Heater Company.

Judge(s): CONNER

The employee appeals the trial court’s order granting summary judgment in favor of the employer and dismissing the case. The employee was injured in 2017 when he was struck by a forklift. The employer accepted the claim as compensable and provided certain benefits. After the employee was placed at maximum medical improvement, the employer’s insurer sent the employee a settlement offer in July 2019. The employee signed and returned the settlement offer in July 2020 but heard nothing further about a possible settlement of the claim. The insurer last issued a benefit payment on the claim in November 2020. In August 2023, the employee filed a petition for benefits, and the employer filed a motion for summary judgment in which it asserted the statute of limitations had expired. The trial court agreed and granted summary judgment, and the employee appealed. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

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