ARIANA SAMADI v. HILTON HOTELS CORP. D/B/A EMBASSY SUITES NASHVILLE AIRPORT - Articles

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Posted by: Suzanne Craig Robertson on Apr 1, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

D. Randall Mantooth and Joey Johnsen, Nashville, Tennessee, for the appellant, Hilton Hotels Corp. d/b/a Embassy Suites Nashville Airport.

Attorneys 2:

Jeffrey Levine, Nashville, Tennessee, for the appellee, Ariana Hamid.

Judge(s): ASH

The employee filed a worker’s compensation action seeking reconsideration of a prior worker’s compensation settlement. The employer argued the employee was fired for misconduct which consisted of failing to complete reasonable work related tasks, and therefore, the employee was ineligible for reconsideration under Tennessee Code Annotated section 50-6-241(d)(2)(B) (2008). The trial court held the employee’s refusal did not constitute misconduct because it was based upon a reasonable belief she could not complete the tasks assigned to her because of her prior work-related injury. The employer has appealed from this decision. 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. We affirm the judgment of the trial court.