MARGIE WEBB v. BLAKEFORD MANAGEMENT SERVICES, INC., ET AL. - Articles

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MARGIE WEBB v. BLAKEFORD MANAGEMENT SERVICES, INC., ET AL.

Posted by: Karen Belcher on Sep 19, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Robert R. Laser III, Nashville, Tennessee, for the employee-appellant, Margie Webb

Attorneys 2: Cole B. Stinson, Lansing, Michigan, for the employer-appellee, Blakeford Management Services, Inc.

Judge(s): WEAVER

In this interlocutory appeal, the employee appeals two orders: one excluding her expert witness and one denying her request to amend a scheduling order. The employee suffered an injury to her right shoulder and arm while moving a client’s lift chair. She later contracted an infection, which she alleged to be related to her work duties. The employer accepted the right shoulder and arm injury but denied that the infection was primarily related to the employee’s work. After the issuance of a dispute certification notice, the trial court issued a scheduling order setting certain deadlines, including a deadline for the parties to provide expert witnesses’ reports. Following a motion by the employee, the trial court modified its order and provided new deadlines. The employee did not provide her expert report by the specified date and instead filed a motion requesting a new scheduling order. The employer filed a motion to exclude the employee’s expert witness. Following a hearing, the trial court issued two orders: one granting the employer’s motion to exclude the expert witness and one denying the employee’s motion for an amended scheduled order. The employee has appealed both orders. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

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