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Posted by: Amelia Ferrell Knisely on May 6, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Edward L. Summers, Knoxville, Tennessee, for the appellant, Demetrius D. Walton.

Attorneys 2:

Richard L. Hollow, Knoxville, Tennessee, for the appellee, Colonial Freight Systems, Inc.

Judge(s): LEE

The workers? compensation claimant was an independent contractor for the defendant, a common carrier engaged in interstate commerce. The claimant and the defendant agreed that the defendant would provide workers? compensation coverage to the claimant based on Tennessee Code Annotated section 50-6-106(1)(B) (2012). The claimant was injured while driving a tractor trailer for the defendant. The claimant?s claim for benefits was denied, and he sued for workers? compensation benefits. The defendant moved for summary judgment, asserting that the claimant?s employment agreement was void because of alleged material misrepresentations made by the claimant regarding his physical condition during his pre-employment medical examination. The trial court granted the defendant?s motion, based on its finding that the claim was barred by claimant?s pre-employment material misrepresentations and Tennessee Code Annotated section 56-7-103 (2012). This 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 under Tennessee Supreme Court Rule 51. We vacate the grant of summary judgment and remand to the trial court for further proceedings.