Bobur Isoyev v. Nippon Paint Automotive Americas, Inc., et al.

Summary

The Tennessee Workers’ Compensation Appeals Board affirmed and remanded an interlocutory order requiring Nippon Paint Automotive Americas, Inc. to provide a panel of spine specialists to Bobur Isoyev. The Board held that, at the interlocutory stage, Isoyev was likely to prove that he provided timely notice of his gradually occurring back injury because the record did not show that he was unable to perform his normal work activities before filing his petition for benefit determination. The Board also declined to reconsider the trial court’s assessment of the medical evidence because the employer did not raise that issue on appeal.

Holdings

1. The employee was likely to prevail at trial in establishing timely notice because the record did not show that he was unable to continue performing his normal work activities before filing his petition for benefit determination.
2. Isoyev's testimony that he performed clerical work from home on two painful days did not establish, at the interlocutory stage, that he was rendered unable to continue performing his normal work activities or that the notice period was triggered.

Questions Presented

1. Whether the employee was likely to prevail at trial in proving that he provided timely notice of his gradual work-related back injury under Tennessee Code Annotated section 50-6-201(b)(2).
2. Whether the employee's temporary self-directed modification of work duties triggered the fifteen-day notice period by rendering him unable to continue performing his normal work activities.

Disposition

affirmed