Summary
The Tennessee Court of Workers’ Compensation Claims denied Wigelia White’s claim for workers’ compensation benefits arising from an alleged August 7, 2024 back injury while working for Federal Express. The court found that White did not provide timely written notice, did not establish that the employer had actual knowledge, and lacked a reasonable excuse for the delay. Alternatively, the court held that she failed to prove by a preponderance of the evidence that her injury or need for treatment arose primarily out of her employment.
Holdings
- White did not prove that she provided timely written notice, that Federal Express had actual knowledge of the alleged injury, or that she had a reasonable excuse for failing to provide timely notice.
- White did not establish by a preponderance of the evidence that her alleged injury or need for medical treatment was more than 50% related to her employment.
Questions Presented
- Whether White provided timely written notice of her alleged work injury or whether Federal Express had actual knowledge of the injury.
- Whether White had a reasonable excuse for failing to provide timely notice.
- Whether White proved by a preponderance of the evidence that her injury or need for medical treatment arose primarily out of her employment.
Disposition
other
Cases Cited (4)
- Ernstes v. Printpack, Inc., No. W2023-00863-SC-R3-WC, 2024 Tenn. LEXIS 1, at *13-14 (Tenn. Workers’ Comp. Panel Jan. 2, 2024)(applied)
- Kelly v. Kelly, 445 S.W.3d 685, 695 (Tenn. 2014)(applied)
- Panzarella v. Amazon.com, 2017 TN Wrk.(applied)
- Cunningham v. Shelton Sec. Serv., 46 S.W.3d 131, 137-38 (Tenn. 2001)(applied)
Cited In (0)
No citing cases on record yet.