KAREN COTTON, AS SURVIVING SPOUSE OF ALAN LEE COTTON, DECEDENT v. HUMACARE, INC., ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Sep 14, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Isaac T. Conner, Nashville, Tennessee, for the appellant, Karen Cotton, as surviving spouse of Alan Lee Cotton, Decedent.

Attorneys 2:

Byron K. Lindberg, Nashville, Tennessee, for the appellee, HUMACare, Inc.

Judge(s): CONNER

The claimant is the surviving spouse of a worker who died from injuries sustained after falling from a cellular tower. The defendant denied it employed the decedent and further denied it was a co-employer or special employer for workers' compensation purposes. Following a bifurcated compensation hearing, the trial court determined that the defendant was a co-employer of the decedent by contract, but that it bore no responsibility for workers' compensation death benefits because it paid no portion of the decedent's wages. The claimant has appealed. Upon careful consideration of the record and arguments of counsel, we vacate the trial court's dismissal of the case and remand it to the trial court for further proceedings as may be necessary.

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