RIGOBERTO MORALES V. BOSHWIT BROTHERS, INC., ET AL. - Articles

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Posted by: Landry Butler on Mar 22, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Bryce W. Ashby, Memphis, Tennessee, for the employee-appellant, Rigoberto Morales.

Attorneys 2:

Paul Todd Nicks, Germantown, Tennessee, for the employer-appellee, Boshwit Brothers, Inc.

Judge(s): CONNER

In this interlocutory appeal, the employee challenges the trial court’s conclusion that he did not present sufficient evidence that he will likely prevail at trial in establishing injuries arising primarily out of his employment. The employee was injured when he was assaulted by an unknown person while performing his work duties as a groundskeeper for the employer. He sustained gunshot wounds that required surgery and hospitalization, and the employer denied the claim on the basis that the assault did not arise out of the employment. Following an expedited hearing, the trial court concluded that the street risk doctrine did not render the employee’s injuries compensable and that the employee was not likely to prevail at a hearing on the merits. The employee has appealed. Having carefully reviewed the record, we reverse the trial court’s decision and remand the case.

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