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Posted by: Tanja Trezise on Sep 26, 2014

Court: TN Court of Appeals

Attorneys 1:

Stephen K. Heard and Adam O. Knight, Nashville, Tennessee, for the appellant, Roadway Express, Inc.

Attorneys 2:

Robert G. Norred, Jr., Cleveland, Tennessee, for the appellee, Sammy T. Robertson.

Judge(s): SWINEY

This appeal arises from an award granted as part of a workers’ compensation claim. Roadway Express, Inc. (“Roadway”) sued Sammy T. Robertson (“Robertson”) in the Circuit Court for Bradley County (“the Trial Court”). The Trial Court previously had ordered Roadway to pay for certain medical treatment for Robertson. Roadway made the payments and appealed the Trial Court’s decision. The Tennessee Supreme Court Special Workers’ Compensation Appeals Panel vacated the Trial Court’s order granting this award, and Roadway then sought reimbursement from Robertson. Robertson filed a motion to dismiss, arguing that this action was governed by workers’ compensation laws and there was no mechanism for reimbursement available to Roadway. The Trial Court dismissed the suit. Roadway appeals. Without reaching any conclusions about any other possible redress Robertson may have under Tennessee’s workers’ compensation laws, we hold that the Trial Court had subject matter jurisdiction in Roadway’s suit seeking reimbursement and, therefore, erred in granting Robertson’s motion to dismiss. We reverse the Trial Court.