All Content

Posted by: Landry Butler on Oct 31, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Sean W. Martin, Chattanooga, Tennessee, for the employer-appellant, WestRock.

Attorneys 2:

Carmen Y. Ware, Chattanooga, Tennessee, for the employee-appellee, DeWayne Burnette, Sr.

Judge(s): CONNER

In this interlocutory appeal, the employee alleges suffering severe injuries due to heat exposure while working at the employer’s plant. The employer denied that the employee gave proper notice of a work injury and further denied that his injuries arose primarily out of and in the course and scope of his employment. Following an expedited hearing, the trial court ordered the employer to provide both temporary disability and medical benefits, and it further ordered the employer to designate two physicians from whom the employee had received treatment as authorized treating physicians. The employer has appealed, asserting the trial court erred in designating the employee’s physicians as authorized treating physicians and in failing to enforce the terms of an alleged agreement reached during the mediation phase of the case. The employee has asked that the employer’s appeal be deemed frivolous. We affirm the decision of the trial court, find the appeal frivolous, and remand the case to the trial court for further proceedings, including an assessment of reasonable attorney’s fees and costs arising from this appeal.