LELLA YVONNE GRAHAM v. CHI MEMORIAL HEALTHCARE SYSTEM, ET AL. - Articles

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LELLA YVONNE GRAHAM v. CHI MEMORIAL HEALTHCARE SYSTEM, ET AL.

Posted by: Azya Thornton on Nov 25, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: Jimmy W. Bilbo, Cleveland, Tennessee, for the employee-appellant, Lella Yvonne Graham.

Attorneys 2: C. Douglas Dooley, Chattanooga, Tennessee, for the employer-appellee, CHI Memorial Healthcare System.

Judge(s): GODKIN

In this compensation appeal, the employee asserts the trial court erred in denying her motion to continue the hearing of the employer’s motion for summary judgment and in granting summary judgment to the employer. The employee alleged a compensable injury to her lungs resulting from COVID-19, which she claims she contracted as a result of her exposure to infected coworkers and patients at the employer’s facility. The employer denied the employee’s claim, asserting there was no evidence her COVID-19 infection arose primarily out of and in the course and scope of her employment. The employer filed a motion for summary judgment and set a hearing. The employee then filed a motion to continue the scheduled hearing, which the court denied. Following a telephonic hearing, the trial court entered an order granting summary judgment to the employer and dismissing the employee’s case with prejudice. Upon careful consideration of the record, we affirm the trial court’s order and certify it as final.

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