DENNIS JENKINS v. TYSON FOODS, INC. - Articles

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DENNIS JENKINS v. TYSON FOODS, INC.

Posted by: Karen Belcher on Apr 10, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Dennis Jenkins, Jackson, Tennessee, employee-appellant, pro se.

Attorneys 2: Jared S. Renfroe, Memphis, Tennessee, for the employer-appellee, Tyson Foods, Inc.

Judge(s): GODKIN

In this interlocutory appeal, the employee questions the trial court’s conclusion that he did not present sufficient evidence to establish that he is entitled to the requested benefits. The employee alleged he was struck by a forklift and suffered injuries to his upper extremities. After initially authorizing medical care, the employer denied the claim, asserting the alleged incident did not occur as described by the employee. Moreover, the authorized physician opined the employee did not suffer an injury arising primarily out of his employment. Following an expedited hearing, the trial court concluded the employee had not shown he is likely to prevail at a hearing on the merits and denied the employee’s request for benefits. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

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