JOHANN G. MERX v. DURO STANDARD PRODUCTS CO., INC. - Articles

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Posted by: Stacey Shrader Joslin on May 16, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Mitchell G. Tollison, Jackson, Tennessee, for the appellant, Johann G. Merx.

Attorneys 2:

James H. Tucker, Nashville, Tennessee, for the appellee, Duro Standard Products Company, Inc.

Judge(s): PARISH

An employee sustained a work-related injury after a mechanical loading dock malfunctioned and a dock plate struck him in the knee. His employer denied the claim, contending that the event could not have occurred in the manner described by the employee. The trial court ruled in favor of the employer and dismissed the employee’s complaint. The trial court also entered alternative findings if causation were proven, limiting the employee’s recovery to 1.5% vocational disability. The employee has appealed. We reverse and remand the case for entry of a judgment consistent with the trial court’s alternative findings.

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