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Posted by: Stacey Shrader Joslin on Jul 18, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Cole B. Stinson, Lansing, Michigan, for the appellant, Four Seasons Coach Leasing, Inc.

Attorneys 2:

Stacie D. Miller, Knoxville, Tennessee, for the appellee, Live Soul Touring.

Shane Smiley, Nashville, Tennessee, claimant-appellee, pro se.

Judge(s): CONNER

In this interlocutory dispute between two potential employers, the claimant was a commercial driver who alleged he was injured while operating a touring coach during a nineteen-day concert tour. While driving the coach, he experienced pain and symptoms in his shoulder, left hip, and lower back, which he attributed to a defective and/or poorlymaintained seat and rough road conditions. The company that owned the coach denied that the claimant was an employee, denied that he sustained a compensable injury, and argued that, even if he suffered a compensable injury, the artist's tour management company was the responsible employer pursuant to the loaned servant doctrine. The tour management company also denied the claim, arguing the claimant was not a loaned servant and that he was an independent contractor. Following an expedited hearing, the trial court determined that the leasing company was the responsible employer and ordered it to provide additional medical benefits; however, the trial court denied the employee's claim for temporary disability benefits. The leasing company appealed. Having carefully reviewed the record, we affirm the trial court's determinations and remand the case for further proceedings.