Auto mechanic’s claim dismissal improper: Appeals board
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The Tennessee Workers’ Compensation Appeals Board on Friday vacated a judge’s decision granting summary judgment to Mavis Tire Supply LLC in a case brought by an auto mechanic who claims he suffered a gradual back injury due to his work duties.
George Harris claimed his cumulative back injury was due to “bending, pulling, and lifting” in his role as a mechanic, and he filed for workers compensation benefits in October 2020.
Mavis obtained the expert opinion of a physician who determined that the back injuries were likely degenerative and “do not contain any description of a work accident,” the workers comp board ruling states.
Mr. Harris, however, provided reports from another doctor stating that the back condition was primarily caused by his employment, even though he also reportedly suffered injuries from a 2019 vehicle accident, according to the ruling.
A trial judge ultimately granted summary judgment to Mavis, but the comp appeals board said that the judge erred in not issuing a formal notice or other filings informing the parties, including Mr. Harris, of a date for the hearing on the company’s motion for summary judgment.
The ruling states that Mr. Harris never attended the hearing because he was unaware of the date and time, and that the trial court made a procedural error.
The appeals board remanded the case to the trial judge for further proceedings.
