JAMES CARTER v. RICOH AMERICA CORP., ET AL. - Articles

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Posted by: Tanja Trezise on Nov 2, 2020

Court: TN Workers Comp Appeals Board

Attorneys 1: Carolina V. Martin, Nashville, Tennessee, for the employer-appellant, Ricoh America Corp.

Attorneys 2: Brian Dunigan, Goodlettsville, Tennessee, for the employee-appellee, James Carter.

Judge(s): COMER

In this interlocutory appeal, the employer asserts the trial court erred in granting the employee’s motion to exclude the employer’s vocational expert in this cause. The employer argues that restrictions caused by the COVID-19 pandemic and executive orders issued by the Governor of Tennessee rendered it unable to meet deadlines set by the trial court with respect to expert disclosures. As a result, according to the employer’s argument, the trial court should have acknowledged its “excusable neglect” and permitted it to present vocational expert proof at trial. Upon careful consideration of the record, we affirm the trial court’s order and remand the case.

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