PAULA DUGGER V. HOME HEALTH CARE OF MIDDLE TENNESSEE, ET AL. - Articles

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Posted by: Tanja Trezise on Jan 31, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

Richard T. Matthews, Columbia, Tennessee, for the appellant, Paula Dugger.

Attorneys 2:

Gordon C. Aulgur, Lansing, Michigan, for the appellees, Home Health Care of Middle Tennessee, LLC, United Heartland, and Accident Fund Insurance Company of America.

Judge(s): DAVIES

Paula Dugger (?Employee?), a home health nurse, was injured in a motor vehicle accident while returning to her home from an attempt to travel to a patient‘s residence. Home Health Care of Middle Tennessee (?Employer?) denied her claim, contending that the injury did not occur in the course of her employment. Employee sought temporary benefits from the Court of Workers‘ Compensation Claims (?trial court?). The trial court denied her petition, and that denial was affirmed by the Workers‘ Compensation Appeals Board. Upon remand to the trial court, Employer filed a motion for summary judgment on the issue of compensability. The motion was supported by a set of agreed facts submitted by the parties. The trial court granted Employer‘s motion and entered an order dismissing Employee‘s claim. Employee appealed directly to the Supreme Court, as permitted by Tennessee Code Annotated sections 50-6-225(a)(1) (2014) and 50-6-239(c)(7) (2014). The appeal has been referred to the Special Workers‘ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We reverse and remand.

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