DAVID RAINE V. WHITE CASTLE, ET AL. - Articles

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Posted by: Landry Butler on Oct 14, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

David Raine, Nashville, Tennessee, employee-appellant, pro se.

Attorneys 2:

D. Brett Burrow, Nashville, Tennessee, for the employer-appellee, White Castle.

Judge(s): CONNER

In this interlocutory appeal, the employee asserts he is entitled to temporary disability and medical benefits for alleged injuries to his left shoulder. Following a review of the file, the trial court issued an order denying the requested benefits, concluding the employee had not come forward with sufficient evidence to show he is likely to prevail at a hearing on the merits in establishing an injury arising primarily out of and in the course and scope of his employment. The trial court further determined that the employee’s claim was not filed within the applicable limitations period. The employee has appealed. We affirm the trial court’s determination and remand the case.

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