Robert Parrish v. Digit Dirt Worx, Inc., et al. - Articles

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Posted by: Amelia Ferrell Knisely on Jun 16, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Robert Parrish, Weaverville, North Carolina, employee-appellant, prose

Attorneys 2:

Allen Grant, Nashville, Tennessee, for the employer-appellee, Digit Dirt Worx

Judge(s): Conner

In this interlocutory appeal, the employee alleges the employer miscalculated his average weekly wage by failing to exclude from the calculation certain days on which the employee claims he did not work. The trial court conducted a review of the file and concluded the employee did not come forward with sufficient evidence from which it could determine he would likely prevail on this issue at a hearing on the merits. As a result, the trial court denied the employee's request to award additional temporary disability benefits and the employee appealed. Discerning no error, we affirm and remand the case.