NORMAN PALMER V. PAUL HARDY, ET AL. - Articles

All Content


Posted by: Landry Butler on Feb 23, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Joseph W. Ballard, Atlanta, Georgia, for the employer-appellant, Paul Hardy.

Attorneys 2:

Norman Palmer, New Market, Tennessee, employee-appellee, pro se.

Judge(s): HENSLEY

In this interlocutory appeal, the employer challenges the trial court’s denial of its motion to dismiss the employee’s claim, asserting that, after denying benefits at an expedited hearing, it was error for the trial court to decline to dismiss the employee’s claim pursuant to Tennessee Rule of Civil Procedure 12.02(6). Although the trial court considered matters outside the pleadings, it did not treat the motion as one for summary judgment as required by Rule 12.02(6). The error, however, was harmless, and we affirm the trial court’s decision and remand the case for further proceedings as may be necessary.

Attachments: