UNITED PARCEL SERVICE, INC. ET AL. v. ROBERT CHARLES MILLICAN, JR. - Articles

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Posted by: Landry Butler on Oct 24, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

Joe Timberlake, Signal Mountain, Tennessee, for the appellant, Robert Charles Millican, Jr.

Attorneys 2:

C. Scott Johnson, Chattanooga, Tennessee, for the appellees, United Parcel Service, Inc., and Liberty Mutual Insurance Company.

Judge(s): LEE

An employer filed a complaint to resolve a dispute with an employee regarding workers’ compensation benefits. The employee alleged he suffered gradual hearing loss arising out of and in the course of his employment. The trial court held that the employee’s claim, filed three years after his doctor advised him that his hearing loss was work related, was barred by the statute of limitations. Further, the trial court found the statute of limitations was not tolled because the employee failed to prove that any work-related noise caused a progression of the employee’s hearing loss. The employee appealed We affirm the trial court’s judgment.