GENE STAMPS EX REL. ESTATE OF MARILYN SUE STAMPS, ET AL. V. TRINITY MARINE PRODUCTIONS, INC., ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Mar 22, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Jill T. Draughon, Nashville, Tennessee, for the appellants, Gene Stamps, on behalf of the Estate of Marilyn Sue Stamps, and Steven Cozel.

Attorneys 2:

William F. Kendall, III, Jackson, Tennessee, for the appellees, Trinity Marine Products, Inc., and ACE American Insurance Co.

Judge(s): CANTRELL

A widow filed suit seeking workers’ compensation death benefits for herself and her son, the stepson of the deceased worker. She alleged that her husband’s death was caused by a lung disease contracted in the course of his employment. The employer denied liability. While the action was pending, the widow died. An amended complaint was filed by her estate and her son. The trial court granted the employer’s motion for summary judgment, holding that neither the estate nor the son had standing to sue for benefits. The estate and son have appealed. 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 pursuant to Tennessee Supreme Court Rule 51. We reverse the judgment and remand the case to the trial court for further proceedings.