JESSICA THOMPSON v. WEIGEL’S STORES, INC., ET AL. - Articles

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JESSICA THOMPSON v. WEIGEL’S STORES, INC., ET AL.

Posted by: Azya Thornton on Jan 17, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Andrew J. Hebar and Brendan M. Walsh, Knoxville, Tennessee, for the employer-appellant, Weigel’s Stores, Inc.

Attorneys 2: Ameesh A. Kherani, Jacksboro, Tennessee, for the employee-appellee, Jessica Thompson.

Judge(s): CONNER

In this interlocutory appeal, the employee reported suffering a work-related injury when a swinging door struck her left foot. Video evidence and statements of co-workers indicated that the employee sat down and removed her shoe after the alleged incident, then attempted to take a few steps before being assisted out of the store. The employer denied the claim due to purported inconsistencies between the employee’s description of the incident and videos from in-store cameras. Later, in its discovery responses, the employer asserted that the incident either did not occur or, if it did occur, it did not arise out of or in the course and scope of the employment. Following an expedited hearing, the trial court ordered the employer to provide the employee a panel of physicians, and the employer appealed. We affirm the trial court’s order and remand the case.

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