WILLIAM MARKIN v. MEMPHIS LIGHT, GAS & WATER DIVISION, ET AL. - Articles

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WILLIAM MARKIN v. MEMPHIS LIGHT, GAS & WATER DIVISION, ET AL.

Posted by: Azya Thornton on Feb 19, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Casey Shannon and Noor Obaji, Memphis, Tennessee, for the employer-appellant, Memphis Light, Gas & Water Division.

Attorneys 2: Monica Rejaei, Memphis, Tennessee, for the employee-appellee, William Markin.

Judge(s): GODKIN

In this interlocutory appeal, the employer contends the trial court erred when it found that the employee would likely prevail at trial in his request for medical benefits resulting from a welding accident. The employer had denied the claim, asserting willful misconduct and failure to wear a safety device as defenses, but the trial court concluded the employer had not presented sufficient evidence of these affirmative defenses to support a conclusion that the employee was unlikely to prevail at trial. Employer has appealed. After careful consideration of the record and of arguments of counsel, we affirm the trial court’s order and remand the case.

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