C.H. GUENTHER & SON, INC. v. SUE ANN HEAD ET AL. - Articles

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Posted by: Tanja Trezise on Dec 11, 2012

Court: TN Court of Appeals

Attorneys 1:

Garry Ferraris, Knoxville, Tennessee, for the appellant, Ernest Boling.

Attorneys 2:

Kristin M. Cabage and Joshua A. Wolfe, Knoxville, Tennessee, for the appellee, C.H. Guenther & Son, Inc.

Judge(s): BENNETT

An employee appeals the trial court’s decision to void a final administrative order by the Department of Labor awarding the employee attorney fees with respect to the employee’s actions to enforce a workers’ compensation settlement. We have determined that the applicable request for assistance process does not constitute a contested case under the Uniform Administrative Procedures Act and that the trial court therefore lacked subject matter jurisdiction to hear this matter. We reverse the decision of the trial court.

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