By Jared S. Renfroe

Jana McQuiddy v. St. Thomas Midtown Hospital   

Docket No. 2015-06-0593

State File No. 21252-2015

Filed October 7, 2016

Summary

This case presents a similar scenario to many cases involving unrepresented employees—on appeal, meaningful review is impossible due to deficiencies with the submissions by the employee on appeal.

Facts

In this case, the claimant alleges that she slipped and fell at work, causing injuries to multiple body parts. The employer accepted the claim as compensable and paid benefits.  The employee did not return to work after reaching maximum medical improvement. She filed a Petition for Benefit Determination, and at trial, she was the only witness to testify. She attempted to introduce medical records regarding causation and impairment rating, but the employer objected. The objection was sustained. The trial court then dismissed her claim, as she failed to establish by a preponderance of the evidence that her alleged injuries arose primarily out of and in the course and scope of her employment.

The employee appealed but did not present a transcript of the trial or a statement of the evidence.  Additionally, she did not provide arguments on appeal as to why the trial court erred.

Holding

The Appeals Board affirmed the trial court because, under well-established law, it will not speculate as to the proof at trial and presume the trial court’s rulings were supported by sufficient evidence.

 

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.

 

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