GERALDINE MANN v. ACA TRANSPORT, LLC, ET AL. - Articles

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GERALDINE MANN v. ACA TRANSPORT, LLC, ET AL.

Posted by: Karen Belcher on Mar 19, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Geraldine Mann, Bolivar, Missouri, employee-appellant, pro se.

Attorneys 2: Emmie Kinnard and Hayley E. Vos, Nashville, Tennessee, for the employer-appellee, ACA Transport, LLC.

Judge(s): GODKIN

The employee, an over-the-road truck driver, alleged suffering an injury to her upper back and neck while pulling a pin on a fifth wheel. The employer disputes that it received proper notice of the alleged injury and denies that the injury is compensable. The employer also raised a defense based upon the “election of remedies” doctrine, asserting the employee is barred from recovering benefits in Tennessee as a result of pursuing benefits in Missouri. Following an expedited hearing, the trial court concluded that the employee was unlikely to prevail at trial in establishing that her current complaints arose primarily out of and in the course and scope of her employment. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

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