Jared Renfroe, Member in the Memphis office, defended an employer in the Court of Workers’ Compensation Claims in Jackson, in January 2023. The employee claimed various injuries due to allegedly being struck by a forklift. Jared conducted an early investigation, including obtaining a surveillance video of the incident at issue, securing relevant medical records and a causation opinion of the authorized treating physician. The deposition of the employee took place within 45 days of the alleged injury.
Jared argued that the surveillance video revealed that the contact with the forklift if any was minimal. He further argued that based on the opinion of the authorized treating physician, the employee did not sustain an injury arising out of and in the course and scope of his employment. The trial court ruled in favor of Jared’s client on all issues and held that the claim was not compensable.
The employee appealed the trial court’s decision to the Workers’ Compensation Appeals Board. After receiving Jared’s brief which included an argument that the appeal was frivolous, the Appeals Board upheld the decision of the lower court on all issues and did find that the appeal was unwarranted.