AARON MCCORKHILL v. LANDON ELECTRIC CO, INC., et al. - Articles

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AARON MCCORKHILL v. LANDON ELECTRIC CO, INC., et al.

Posted by: Karen Belcher on Jul 26, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Wm. Richie Pigue and Matthew C. Pietsch, Nashville, Tennessee, for the employer-appellant, Landon Electric Co., Inc.

Attorneys 2: Aaron McCorkhill, Rocky Top, Tennessee, employee-appellee, pro se.

Judge(s): WEAVER

In this interlocutory appeal, the employer appeals the trial court’s order instructing it to provide the employee a panel of orthopedic physicians. The employee was injured in an accident while driving a company-owned vehicle. Prior to the accident, the employee had been at work, sorting his schedule for the day, when he suffered intestinal issues. Due to an unfortunate incident, the employee decided to return home to shower and change before completing sales calls later that day. On the way to his home, while in the company-owned vehicle, he was involved in a single vehicle accident. His employer denied that the accident occurred in the course and scope of his employment, asserting accidents on the way to and from work are not compensable. The trial court determined that this case was an exception to the general rule because the employee was in a company-provided vehicle and was not on a personal errand. The employer has appealed. After careful consideration of the entire record, we affirm the court’s determination and remand the case.

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