DON JOHNSON V. STANLEY CONVERGENT SECURITY SYSTEMS, ET AL. - Articles

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Posted by: Landry Butler on Aug 3, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

David C. Riley, Memphis, Tennessee, for the employer-appellant, Stanley Convergent Security Systems.

Attorneys 2:

Richard D. Click, Memphis, Tennessee, for the employee-appellee, Don Johnson.

Judge(s): DAVIDSON

In this interlocutory appeal, the employee filed a petition for benefit determination more than one year after an alleged acute shoulder injury. The employer filed a motion for summary judgment asserting the employee’s petition was untimely filed. In denying the employer’s motion, the trial court concluded there was a genuine issue of material fact as to whether the employee’s injury was discoverable more than one year prior to the filing of the petition. The employer has appealed. We reverse the trial court’s decision and remand the case for entry of an order dismissing the claim.

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