Glassman, Wyatt, Tuttle & Cox, P.C. attorney Kyle Cannon swiftly and efficiently secured a favorable summary judgment on behalf of a local business in a workers’ compensation case where the plaintiff alleged mental/emotional injury stemming from an incident.
The Plaintiff filed a claim for workers’ compensation benefits under the Tennessee Workers’ Compensation Act more than one year after the date of injury, alleging that the Plaintiff was not aware of the injury and alleged resulting permanent impairment until the injury was diagnosed by a physician and the Plaintiff was informed of resulting permanent impairment. The Plaintiff’s claim for workers’ compensation benefits was denied by Employer Client through the administrative phase of claim before the Tennessee Department of Labor, and Plaintiff subsequently filed suit in the Circuit Court (of Shelby County). An Answer was filed by Mr. Cannon on behalf of Employer Client denying compensability of Plaintiff’s alleged mental/emotional injury on numerous grounds, including the expiration of the statute of limitations applicable to Plaintiff’s alleged injury. Substantive discovery was undertaken, which included the deposition of the Plaintiff. Through cross-examination by Mr. Cannon, Plaintiff’s deposition testimony established that Plaintiff knew or should have known that Plaintiff sustained an injury under the Tennessee Workers’ Compensation Act, thereby initiating the running of the statute of limitations. Mr. Cannon filed a Motion for Summary Judgment on behalf of Employer Client alleging Plaintiff’s knowledge and notice of work injury and establishing the Plaintiff failed to initiate a claim for workers’ compensation benefits under the Tennessee Workers’ Compensation Act within one year of the date that said notice and knowledge was acquired. Trial Court agreed with Mr. Cannon and granted the Motion for Summary Judgment in favor of Employer Client, thereby dismissing Plaintiff’s lawsuit and corresponding claim for workers’ compensation benefits, with prejudice.
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