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Posted by: Landry Butler on Nov 17, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

David H. Dunaway, LaFollette, Tennessee, for the appellant, Douglas E. Shuler.

Attorneys 2:

Russell W. Adkins, Kingsport, Tennessee, for the appellee, Eastman Chemical Company.

Judge(s): FRIERSON

The plaintiff, Douglas E. Shuler, filed this action seeking workers’ compensation benefits in the Circuit Court for Sullivan County against his former employer, Eastman Chemical Company (“Eastman”), and the Second Injury Fund, Tennessee Department of Labor and Workforce Development (“Second Injury Fund”). Mr. Shuler alleged that he had developed cancer from exposure to harmful substances in Eastman’s workplace. Eastman and the Second Injury Fund each filed a motion to dismiss Mr. Shuler’s claim, asserting that the Court of Workers’ Compensation Claims had original and exclusive jurisdiction over the subject matter of the claim. The trial court granted the motions and dismissed Mr. Shuler’s claim. Mr. Shuler timely appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Following our thorough review of the record, we affirm the judgment of dismissal based on lack of subject matter jurisdiction. We further determine that any facial constitutional challenges to Tennessee Code Annotated §§ 50-6-217, -237, and -238 have been waived.