MELISSA DUCK V. COX OIL COMPANY, ET AL. - Articles

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Posted by: Landry Butler on Nov 28, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

Charles L. Holliday, Jackson, Tennessee, for the appellant, Melissa Duck.

Attorneys 2:

Anne T. McKnight, Michael W. Jones and Fred J. Bissinger, Nashville, Tennessee, for the appellees, Cox Oil Company, and Technology Insurance Company.

Judge(s): KIRBY

The employee in this case worked as a clerk at a convenience store. While at work, the employee orally informed her supervisor that she was quitting and turned to leave the store. On her way out of the store, the employee fell. She later complained of injuries from the fall and sought workers’ compensation benefits. The employer denied the claim on the basis that the employment relationship had already ended by the time the injury occurred. The Court of Workers’ Compensation Claims awarded benefits. The Workers’ Compensation Appeals Board reversed and remanded. The employer then filed a motion for summary judgment, which was granted. The employee appealed to the Supreme Court pursuant to Tennessee Code Annotated section 50-6-239(c)(7) (2014), and the Supreme Court referred the appeal to the Special Workers’ Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We hold that the appeal is not barred by the law of the case doctrine and that the employee remained employed at the time the alleged injury occurred for a reasonable length of time to effectuate the termination of her employment, so she was still employed for purposes of the workers’ compensation statutes. Accordingly, we reverse and remand for further proceedings.

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