CAROL MCNICHOLAS v. WHELAN SECURITY CO., ET AL. - Articles

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CAROL MCNICHOLAS v. WHELAN SECURITY CO., ET AL.

Posted by: Azya Thornton on Jun 27, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: W. Troy Hart and Lauren N. Gray, Knoxville, Tennessee, for the employer-appellant, Whelan Security Co.

Attorneys 2: Adam C. Brock-Dagnan, Nashville, Tennessee, for the employee-appellee, Carol McNicholas.

Judge(s): CONNER

In this interlocutory appeal, the employer alleges the trial court erred in declining to dismiss the employee’s petition for benefit determination, which the employer asserted was filed for the “sole purpose” of tolling the statute of limitations. The trial court determined that the employee’s petition, on its face, identified disputed issues beyond merely tolling the statute of limitations and, in presuming the truth of the allegations and averments in the petition, it concluded her petition stated a claim upon which relief could be granted. Because we agree with the trial court’s rationale and conclusions, we affirm the trial court’s order and remand the case.

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