Worker with prior injuries can proceed with claim
Reprints
The Tennessee Workers’ Compensation Appeals Board partially reversed on Friday a trial judge’s ruling that denied additional medical benefits to an injured worker who initially failed to disclose prior injuries.
Jonathan Webb claimed he injured his left knee after tripping on a floor mat. He worked for a temporary staffing agency and was assigned to work as an inspector at manufacturer Matsuo Industries USA Inc.
Mr. Webb didn’t report the incident until the next day. He claimed he had a confrontation with another worker who had asked him to stay and perform additional work the day of the incident.
Mr. Webb was later fired and Matsuo denied responsibility for the injury.
The case ended up in litigation, and during discovery the employer learned Mr. Webb failed to disclose prior injuries to his left knee.
The trial judge found Mr. Webb failed to show evidence that he would likely prevail at trial.
On appeal, Mr. Webb argued the trial judge failed to consider medical records supporting his work injury claim.
The workers comp board determined that it was improper for the trial judge to dismiss the case at this stage of the litigation.
“We conclude there is sufficient evidence in the record to support a finding that Employee is likely to prevail in proving the occurrence of a work-related event …,” the board wrote.
The board remanded the case to the trial court for additional proceedings.
