MADIA DIA v. IMPORTS COLLISION CENTER, INC. - Articles

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Posted by: Tanja Trezise on Aug 20, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Richard C. Mangelsdorf, Jr. and N. Adam Dietrich II, Nashville, Tennessee, for the appellant, Imports Collision Center.

Attorneys 2:

James S. Higgins and Ryan Simmons, Nashville, Tennessee, for the appellee, Madia Dia.

Judge(s): COX

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation 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. Employee filed a request for reconsideration pursuant to Tenn. Code Ann. § 50-6-241(d)(1)(B), which Employer opposed on the ground that Employee’s loss of employment was due to Employee’s voluntary resignation and/or his employment-related misconduct. The trial court ruled that Employer failed to carry its burden of proof as to either of the asserted grounds for denying reconsideration. The trial court therefore granted Employee’s request for reconsideration and awarded increased benefits. Based on our review of the entire record, we reverse the trial court’s judgment.

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