BEN J. MOSBY v. McDOWELL CENTER FOR CHILDREN - Articles

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Posted by: Tanja Trezise on Oct 7, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Art D. Wells, Jackson, Tennessee, for the appellant, Ben J. Mosby.

Attorneys 2:

Frederick W. Hodge and Rachel M. Stevens, Nashville, Tennessee, for the appellee, McDowell Center for Children.

Judge(s): SUMMERS

The employee alleged that he sustained a compensable workers’ compensation injury to his left shoulder and knee from a fall at work. The employer denied the claim. The trial court found that the employee did not comply with the notice statute, Tenn. Code Ann. § 50-6-201(a)(2008) and dismissed the claim. The employee has appealed, contending that the trial court’s notice ruling was erroneous. 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 in accordance with Tennessee Supreme Court Rule 51. We find that the evidence does not preponderate against the trial court’s finding and affirm the judgment.

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