MARILYN MILLER TANSIL V. ATKINSON ENTERPRISES, INC., ET AL. - Articles

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Posted by: Landry Butler on Jan 26, 2018

Court: TN Workers Comp Appeals

Attorneys 1:

Owen R. Lipscomb, Brentwood, Tennessee, for the appellant, Atkinson Enterprises, Inc. and Wausau Underwriters Insurance Company.

Attorneys 2:

Robert P. Gritton, Murfreesboro, Tennessee, for the appellee, Marilyn Miller Tansil.

Judge(s): ASH

Marilyn Miller Tansil (“Employee”) obtained temporary total disability benefits after injuring herself while mopping. Atkinson Enterprises, Inc. (“Employer”) acknowledged a compensable injury, but claimed Employee was not entitled to temporary benefits because she worked for her own company while unable to work for Employer. The trial court found Employee performed only token tasks at her company during her injury period, which did not constitute “work,” and thus, denied Employer?s requested credit against the permanent partial disability award. On appeal, Employer challenges the award of temporary total disability benefits as well as the multiplier used. 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. We affirm the judgment of the trial court.

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