PATRICIA HARRIS v. NASHVILLE CENTER FOR REHABILITATION AND HEALING, ET AL. - Articles

All Content

PATRICIA HARRIS v. NASHVILLE CENTER FOR REHABILITATION AND HEALING, ET AL.

Posted by: Karen Belcher on Mar 15, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Richard R. Clark, Jr., and Lauren Ray Hall, Nashville, Tennessee, for the employer- appellant/appellee, Nashville Center for Rehabilitation and Healing.

Attorneys 2: Brett L. Rozell, Lebanon, Tennessee, for the employee-appellant/appellee, Patricia Harris.

Judge(s): GODKIN

The employee was injured in the course and scope of her employment when she slipped and fell while attempting to avoid a large flying insect. The employer denied the claim, asserting the employee’s injury did not arise primarily out of her employment. Relying on the employee’s unrefuted testimony that roaches were part of the employee’s working environment, the trial court determined that roaches were a hazard of the employment and that the employee’s injuries arose primarily out of her employment. The court ordered the employer to pay temporary and permanent disability benefits and medical expenses but denied the employee’s request for attorney’s fees on the unpaid medical expenses. The employer has appealed the award of benefits, and the employee has appealed the denial of the request for attorney’s fees on the unpaid medical expenses. We affirm the trial court’s determination regarding compensability, reverse the trial court’s denial of attorney’s fees on the unpaid medical expenses, and remand the case.

Attachments: