All Content

Posted by: Landry Butler on Nov 8, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Dan Beiger, Bristol, Tennessee, for the employee-appellant, Darry Osborne.

Attorneys 2:

Eric Shen, Brentwood, Tennessee, for the employer-appellee, KPS Global.

Kevin W. Washburn, Memphis, Tennessee, for the employer-appellee, Meadow Lark Agency, Inc.

Judge(s): HENSLEY

The employee, a truck driver, sustained serious injuries when he fell from a flatbed trailer while in the process of tarping his load. His employer did not have workers’ compensation insurance. The employee initiated claims for workers’ compensation benefits against the employer, the transportation broker that contracted to transport the load, and the manufacturer of the materials loaded on the trailer, asserting the broker and manufacturer were statutory employers. Following an expedited hearing, the trial court determined the employee was unlikely to prevail at trial in establishing that either the broker or the manufacturer were statutory employers as contemplated in Tennessee Code Annotated section 50-6-113 (2017) and denied benefits. The employee has appealed the trial court’s determination that the manufacturer is not a statutory employer. We affirm the trial court’s order and remand the case for further proceedings as may be necessary.