CHERYL LYNN WILLIAMS v. SWS LLC D/B/A SECUREWATCH - Articles

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CHERYL LYNN WILLIAMS v. SWS LLC D/B/A SECUREWATCH

Posted by: Karen Belcher on Sep 20, 2019

Court: TN Workers Comp Appeals

Attorneys 1:

Donald K. Vowell, Knoxville, Tennessee, and Martin L. Ellis, Luttrell, Tennessee, for the appellant, Cheryl Lynn Williams.

Attorneys 2:

Lynn C. Peterson and Jennifer C. Schmidt, Knoxville, Tennessee, for the appellees, SWS LLC d/b/a SecureWatch and Travelers Insurance Company.

Judge(s): FRIERSON

Cheryl Lynn Williams (“Employee”) alleged that she sustained a compensable injury and/or an occupational disease as a result of exposure to mold during the course and scope of her employment with SWS LLC d/b/a SecureWatch (“Employer”). Employer filed a motion for summary judgment, asserting that the one-year statute of limitations barred Employee’s claim. The trial court granted the motion and dismissed the case. Employee has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Having determined that genuine issues of material fact exist concerning the commencement of the statute of limitations, we reverse the judgment and remand  for proceedings on the merits.

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