DANIEL GEORGE SEMICH, DECEDENT, BY DIXIE SEMICH, SURVIVING SPOUSE v. AT&T SERVICES, INC., ET AL. - Articles

All Content

DANIEL GEORGE SEMICH, DECEDENT, BY DIXIE SEMICH, SURVIVING SPOUSE v. AT&T SERVICES, INC., ET AL.

Posted by: Karen Belcher on Jun 28, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Adam Brock-Dagnan and W. Troy Hart, Knoxville, Tennessee, for the employer-appellant, AT&T Services, Inc.

Attorneys 2: Jill T. Draughon, Nashville, Tennessee, for the appellee, Daniel George Semich by his surviving spouse, Dixie Semich

Judge(s): WEAVER

In this interlocutory appeal, the employer asks whether the trial court had the authority to order it to provide personal contact information of company employees who are potential witnesses when no motion to compel discovery was pending. The employee suffered fatal injuries in a fall from a ladder, and the employer denied the claim, asserting a defense of willful misconduct. During a deposition, a company supervisor identified five employees who may have information regarding the existence and/or enforcement of the employer’s workplace safety rules. The claimant’s attorney requested these individuals’ contact information, and the employer’s attorney indicated he would provide that information voluntarily. After several status conferences, during which the employer’s counsel indicated he had not yet provided the requested information, the trial court entered an order compelling the employer to provide the requested information by a date certain. Three days prior to the deadline, the employer filed a motion for relief from the order and provided information needed to facilitate scheduling the depositions of these witnesses through the employer. The claimant’s attorney filed a responsive motion, indicating this information was neither responsive to her request nor compliant with the court’s order. The court issued a second order requiring the employer to provide the requested contact information “by the close of business” that day. The employer has appealed. Upon careful consideration of the record, we affirm in part and modify in part the trial court’s order and remand the case.

Attachments: