VALLADARES v. TRANSCO PRODUCTS, INC. & WILLIAMS SPECIALTY SERVICES AND ABIGAIL HUDGENS, ADMINISTRATOR OF THE BUREAU OF WORKERS' COMPENSATION, SECOND INJURY FUND - Articles

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Posted by: Stacey Shrader Joslin on Aug 1, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Allison Lowry, Knoxville, Tennessee, for the appellant, Second Injury Fund.

Attorneys 2:

Joseph Ballard, Atlanta, Georgia, for the employer-appellant, Transco Products, Inc.

Chadwick Rickman, Knoxville, Tennessee, for the employee-appellee, Lazaro Valladares.

David Weatherman, Memphis, Tennessee for the employer, Williams Specialty Services, LLC.

Judge(s): CONNER

In these consolidated interlocutory appeals, an employer and the Second Injury Fund present procedural issues questioning the trial court's denial of motions to dismiss the employee's claims and motions to alter or amend status conference orders. Additionally, the Second Injury Fund questions the trial court's authority to set a scheduling hearing sua sponte. Following a show cause hearing, which was set when no party requested a hearing within sixty days after the filing of dispute certification notices, the trial court held a status conference that resulted in the employee's being allowed more time to file a request for an expedited hearing. The trial court's orders instructed the parties to participate in a second status conference if the employee did not file a request for an expedited hearing by a specified date. Following a hearing on motions for dismissal and other motions by the employers and the Second Injury Fund, the trial court denied the motions and set a scheduling hearing. One employer and the Second Injury Fund have appealed. We affirm the trial court's denial of the various motions and remand the case for further proceedings as may be necessary.

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