BETSY JONES v. DOLLAR GENERAL, ET AL. - Articles

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Posted by: Landry Butler on Sep 22, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

James H. Tucker, Jr., and Travis Ledgerwood, Nashville, Tennessee, for the employer- appellant, Dollar General.

Attorneys 2:

Betsy Jones, Camden, Tennessee, employee-appellee, pro se.

Judge(s): HENSLEY

The employee, a manager of a retail store, alleges she suffered a hernia after stocking shelves with forty-pound bags of dog food. The employer denied the claim on the bases the injury did not occur in the course and scope of her employment and did not meet the statutory requirements for a compensable hernia. Following an expedited hearing, the trial court determined the employee presented sufficient evidence to satisfy her burden of proving she would likely prevail at trial in establishing she suffered a compensable hernia. The employer has appealed, but did not file a brief or position statement explaining its position on appeal. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

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