GARY BIRCHETT v. GAMBRELL HICKORY MILL - Articles

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Posted by: Landry Butler on Nov 8, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Gary Birchett, Bethel Springs, Tennessee, employee-appellant, pro se.

Attorneys 2:

Lewis Cobb, Jackson, Tennessee, for the employer-appellee, Gambrell Hickory Mill.

Judge(s): CONNER

The claimant asserted he sustained two work-related injuries while working for the alleged employer as a diesel mechanic. The alleged employer, a manufacturer of ax handles, denied that the claimant was its employee but asserted that he was an independent contractor who was allowed to operate his diesel repair business out of the manufacturer’s shop. Following an expedited hearing, the trial court concluded that the claimant was an independent contractor rather than an employee, and it denied the claimant’s request for medical and temporary disability benefits. The claimant has appealed, asserting that the trial court erred in several evidentiary rulings. However, the claimant did not file a transcript of the expedited hearing, a statement of the evidence, or a brief setting out his argument on appeal. We affirm the trial court’s determination and remand this case for any further proceedings that may be necessary.

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