LANCE ERICKSON v. SDI OF OAK RIDGE TURNPIKE, LLC - Articles

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Posted by: Stacey Shrader Joslin on Sep 5, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

S. Nikol Richardson, Knoxville, Tennessee, for the appellant, SDI of Oak Ridge Turnpike, LLC.

Attorneys 2:

Bruce D. Fox and Laura B. Myers, Clinton, Tennessee, for the appellee, Lance A. Erickson.

Judge(s): WADE

In accordance with Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Panel for a hearing and a report of findings of fact and conclusions of law. The employee, who sustained injuries while attempting to repair a piece of food service equipment, filed a claim for workers’ compensation benefits. Later, the employer terminated the employee, alleging misconduct in the performance of his duties. The trial court ruled that because the employer had discharged the employee in retaliation for the claim, the employee did not have a meaningful return to work and, furthermore, was entitled to the statutory maximum of six times the medical impairment. The employer appealed. Because the evidence supports the ruling of the trial court, the judgment is affirmed.

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