JUNE RUGGIERI v. AMAZON.COM, LLC, ET AL. - Articles

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JUNE RUGGIERI v. AMAZON.COM, LLC, ET AL.

Posted by: Karen Belcher on Sep 8, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Kristen Stevenson, Knoxville, Tennessee, for the employer-appellant, Amazon.com, LLC

Attorneys 2: J. Allen Brown, Nashville, Tennessee, for the employee-appellee, June Ruggieri

Judge(s): HENSLEY

The employee alleged a work-related injury to her right shoulder when she moved a heavy package from a shelf. The employer initially provided medical care but later denied the claim, asserting the employee failed to give timely notice of her alleged injury. Following the filing of a petition for benefits, the employee requested an expedited hearing in which she sought temporary disability benefits, medical benefits, and attorney’s fees for the employer’s alleged wrongful denial of the claim. After the court set the date for the expedited hearing and the employer filed its response to the employee’s request for benefits, the employer requested a continuance, which the trial court denied. Following the expedited hearing, the trial court determined that the employee provided verbal notice within the fifteen-day statutory period, that her verbal notice excused written notice, and that the employer was not prejudiced by the employee’s delay in providing written notice. The court concluded the employee is likely to prevail at trial in showing she suffered an injury arising primarily out of the employment and awarded medical benefits but denied temporary disability benefits and delayed ruling on her request for attorney’s fees until a hearing on the merits of the claim. The employer has appealed. We affirm the trial court’s order and remand the case.

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