OTTO MORGAN, JR., BY SURVIVING SPOUSE, JANET GOOCH MORGAN v. LOCKHEED MARTIN CORPORATION - Articles

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OTTO MORGAN, JR., BY SURVIVING SPOUSE, JANET GOOCH MORGAN v. LOCKHEED MARTIN CORPORATION

Posted by: Karen Belcher on Dec 3, 2019

Court: TN Workers Comp Appeals Board

Attorneys 1:

Landon P. Lackey, Oak Ridge, Tennessee, for the employer-appellant, Lockheed Martin Corporation

Attorneys 2:

J. Timothy Bobo, Clinton, Tennessee, for the appellee, Janet Gooch Morgan, surviving spouse of Otto Morgan, Jr.

Judge(s): DAVIDSON

In this interlocutory appeal, the employer appeals the trial court’s denial of its motion for summary judgment based on the statute of limitations. The employee’s surviving spouse filed a petition for death benefits following the employee’s death, which was caused by diseases she alleges were the result of his employment. The employer denied the claim, asserting the statute of limitations had expired, thus extinguishing the surviving spouse’s claim for benefits. The trial court found there were disputed issues of material fact with respect to when the employee became incapacitated from working and denied the motion for summary judgment. The employer has appealed. We affirm the trial court’s decision and remand the case.

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