TOREY ANDREWS v. YATES SERVICES, LLC, ET AL. - Articles

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Posted by: Landry Butler on May 23, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Samuel B. Garner, Jr., Pulaski, Tennessee, for the employee-appellant, Torey Andrews.

Attorneys 2:

John R. Rucker, Jr., Murfreesboro, Tennessee, for the employer-appellee, Yates Services, LLC.

Judge(s): DAVIDSON

The employee, who alleges a back injury suffered while working on an assembly line, appeals the trial court’s denial of his motion for attorney’s fees and expenses. Following the trial court’s determination that the employee was entitled to medical and temporary disability benefits, the employee filed a motion seeking attorney’s fees and expenses pursuant to Tennessee Code Annotated section 50-6-226(d)(1). The trial court denied the motion based on a finding that the employer acted reasonably in declining to pay benefits. The employee has appealed, asserting that the trial court should have granted his request for attorney’s fees and expenses. Finding that the trial court’s resolution of this issue was premature, we vacate the trial court’s order denying the employee’s motion and remand the case.

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