By Jared S. Renfroe

Deborah Revnew v. Amazon.com    

Docket No. 2016-06-0320

State File No. 16063-2016

Filed October 3, 2016

Summary

In this case, the employee was injured as a result of exposure to hazardous chemicals, and the main issues discussed involved the employer’s appeal of the trial court’s ruling. The employer’s arguments on appeal were easily dismissed by the Appeals Board, which upheld the holding of the trial court.

Facts

The employee alleged that she sustained injuries as a result of exposure to hazardous chemicals at work. She reported the injury at the time it occurred and sought treatment at the employer’s on-site medical facility. However, the employee was never given a panel of physicians, so she ultimately went to Dr. Cowden at CareSpot. Dr. Cowden made several referrals to specialists, but opined that the condition was causally related to Employee’s employment.

At the expedited hearing, the employee was the only witness to testify, and her description of the alleged incident was uncontradicted. The trial court found that she met the burden of establishing that she was likely to succeed on the merits at trial, and the employer appealed.

Holding

The employer’s appeal raised three issues: 1. The employee did not present sufficient evidence that would justify an award of benefits at a hearing on the merits. This issue was easily disposed of by the Appeals Board because it is simply inconsistent with the standard applied at the expedited hearing level.  2. The expedited hearing process violated due process, but because this issue was not raised at the expedited hearing, it was waived.  3. Inadmissible hearsay evidence was introduced at trial, but the Appeals Board held that even if there was inadmissible hearsay introduced, it did not appear that the trial court relied on it to reach its ruling.

 

 

Jared S. Renfroe is an attorney for Spicer Rudstrom PLLC. He focuses his legal practice on litigation throughout Tennessee. His concentrates primarily in premises liability, business and commercial representation, employment practices litigation, professional liability, insurance defense and workers’ compensation.

 

Related Articles

Workers’ Compensation Appeals Board Summary: Carrie K. Lightfoot v. Xerox Business Services, et al.

Workers’ Compensation Appeals Board Summary: Thomas Gilbert v. United Parcel Service

Workers’ Compensation Appeals Board Summary: Giovanna Meier v. Lowe’s Home Centers, Inc., et al.