LORRAINE ENGLISH v. COMPASS GROUP USA, INC. d/b/a CANTEEN VENDING SERVICES - Articles

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Posted by: Tanja Trezise on Dec 9, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Thomas M. Horne, Chattanooga, Tennessee, for the appellant, Compass Group USA, Inc. d/b/a Canteen Vending Services.

Attorneys 2:

George Todd East, Kingsport, Tennessee, for the appellee, Lorraine English.

Judge(s): PUCKETT

An employee was injured when she fell from a stack of soft drinks while attempting to climb a wall to rescue and remove a feral cat from her employer’s premises. Her employer denied the claim, contending that she was on a private mission at the time of her injury and also that she had violated a safety rule by failing to use a ladder. The employee filed this action seeking workers’ compensation benefits. The trial was bifurcated. After the initial hearing, the trial court found that the employee’s action was related in part to her employment and, therefore, compensable. After a subsequent hearing, the court awarded benefits. The employer has appealed, contending that the evidence preponderates against the trial court’s findings on compensability and, in the alternative, that the claim is barred by Tennessee Code Annotated section 50-6-110(a) (2008). The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

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