KATHLEEN DELORES LAGUARDIA v. TOTAL HOLDINGS USA, INC., D/B/A ) HUTCHINSON SEALING SYSTEMS, ET AL - Articles

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Posted by: Landry Butler on Nov 29, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Russell W. Adkins, Kingsport, Tennessee, for the employee-appellant, Kathleen Delores LaGuardia.

Attorneys 2:

Michael L. Forrester, Kingsport, Tennessee, for the employer-appellee, Total Holdings USA, Inc., d/b/a Hutchinson Sealing Systems.

Judge(s): CONNER

The employee alleged she suffered an injury when she slipped and fell at work. At a prior expedited hearing, the trial court determined the employee did not come forward with sufficient evidence to support a preliminary finding that her accident arose primarily out of her employment and denied benefits. That order was not appealed. Thereafter, the employer filed a motion for summary judgment, arguing the employee “cannot prove that her injury arose out of her employment.” Following a hearing on the employer’s motion, the trial court entered an order granting summary judgment in favor of the employer. The employee has appealed, arguing there are genuine issues of material fact that preclude summary judgment. Upon careful consideration of the record, we reverse the order granting summary judgment and remand the case to the trial court for further proceedings.

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