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05/19/21
Jane Salem
The Tennessee Workers Compensation Appeals Board has issued two opinions on summary judgment that should be required reading for anyone moving for or opposing this type of motion.
In both cases, the Board examined the moving parties pleadings closely and concluded that grants of summary judgment were improper because the movants never met their burdens of production.
Further, in both cases, the employers argued that the self-represented employees couldn t prove medical causation, but the documentation the employers relied on didn t say whether the injury arose primarily out of employment or use similar wording.
Doris Gibbs v. Express Services, Inc.