Jared Kizer v. Express Services, Inc., et al. - Articles

All Content

Posted by: Landry Butler on Apr 20, 2018

Court: TN Workers Comp Appeals Board

Attorneys 1:

Gregory Fuller, Brentwood, Tennessee, for the employer-appellant, Express Services, Inc.

Attorneys 2:

Spencer R. Barnes, Jackson, Tennessee, for the employee-appellee, Jared Kizer.

Judge(s): CONNER

In this interlocutory appeal, the employee suffered amputation of three fingers on his right hand when his hand became caught in a machine he was operating. The employer denied the claim based on the employee’s positive post-accident drug test results and its status as a participant in Tennessee’s Drug-Free Workplace Program. Following an expedited hearing, the trial court concluded the employee had rebutted the presumption that his drug use was the proximate cause of his injury by clear and convincing evidence, as provided by Tennessee Code Annotated section 50-6-110(c) (2017). The employer has appealed. Having carefully reviewed the record, we reverse the trial court’s decision and remand the case.