Olga Esperanza Iboy v. Kenten Management, LLC, et al. - Articles

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Posted by: Landry Butler on May 8, 2018

Court: TN Workers Comp Appeals Board

Attorneys 1:

W. Troy Hart, Knoxville, Tennessee, for the employer-appellant, Kenten Management, LLC.

Attorneys 2:

Michael Fisher, Nashville, Tennessee, for the employee-appellee, Olga Esperanza Iboy.

Judge(s): HENSLEY

The employee in this interlocutory appeal suffered injuries when she fell backwards from a single-step stool she was standing on to complete her duties as a hotel laundry worker. The employer denied the claim, asserting affirmative defenses based upon the employee’s alleged willful misconduct and/or willful failure or refusal to use a safety device. The employer alleged the employee’s use of the single-step stool rather than a two-step stool violated its rules and resulted in the employee’s injuries. Following an expedited hearing, the trial court found the employer failed to satisfy its burden of proving its affirmative defenses and ordered the employer to provide benefits to the employee. The employer has appealed. In addition, the employee has asserted that the appeal is frivolous. We affirm the trial court’s order, deny the employee’s request for attorneys’ fees and costs on appeal, and remand the case.

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