MICHAEL LOWE v. BARTON MALOW/THE FRED CHRISTEN & SONS COMPANY, ET AL. AND TROY HALEY, ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY & VOCATIONAL RECOVERY FUND - Articles

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MICHAEL LOWE v. BARTON MALOW/THE FRED CHRISTEN & SONS COMPANY, ET AL. AND TROY HALEY, ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY & VOCATIONAL RECOVERY FUND

Posted by: Azya Thornton on Jul 16, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Michael Lowe, Dothan, Alabama, employee-appellant, pro se.

Attorneys 2: Joseph T. Lynch, Knoxville, Tennessee, for the employer-appellee, Barton Malow/The Fred Christen & Sons Company.

Attorneys 3: Allison D. Lowry, Knoxville, Tennessee, for the appellee, Subsequent Injury Fund.

Judge(s): WEAVER

In this interlocutory appeal, the employee challenges the trial court’s order compelling him to participate in a discovery deposition. At a scheduling conference, the employee asked that an expedited hearing be set; however, the employer objected to setting the hearing, citing the employee’s failure to update his written discovery responses, and it requested the opportunity to depose the employee. Following that hearing, the trial court issued an order granting the employer’s request and instructing the employee to attend a discovery deposition. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s order, find this appeal frivolous, and remand the case.

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