NORVIN SEVILLA-PALMA v. WAUFORD AIR CONDITIONING, INC., ET AL. - Articles

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Posted by: Landry Butler on Aug 30, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Norvin Sevilla-Palma, Lavergne, Tennessee, employee-appellant, prose

Attorneys 2:

David Drobny, Nashville, Tennessee, for the employer-appellee, Wauford Air Conditioning, Inc.

Judge(s): CONNER

In this interlocutory appeal, the employee alleges he suffered an injury to his right eye arising primarily out of and in the course and scope of his employment. The employer denied the claim, asserting as an affirmative defense that the employee willfully failed or refused to use a safety device. In denying the employee's expedited request for benefits, the trial court relied primarily on its assessment of the credibility of witnesses to determine that the employer was likely to prevail at a hearing on the merits in establishing the elements of its affirmative defense. The employee appealed, challenging the trial court's findings on witness credibility. We affirm and remand the case.