VICTOR LEON v. BIMBO BAKERIES, INC., ET AL.AL. - Articles

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VICTOR LEON v. BIMBO BAKERIES, INC., ET AL.AL.

Posted by: Azya Thornton on Jan 22, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Victor Leon, Knoxville, Tennessee, employee-appellant, pro se.

Attorneys 2: John W. Barringer, Nashville, Tennessee, for the employer-appellee, Bimbo Bakeries, Inc.

Judge(s): GODKIN

In this interlocutory appeal, the employee contends the trial court erred by concluding he was unlikely to prevail at a hearing on the merits in proving he suffered a compensable hernia. The court found that the employee did not come forward with sufficient evidence to meet the specific statutory requirements necessary to establish a compensable, work- related hernia. As such, the court determined the employee had failed to show a likelihood of proving that his hernia arose primarily out of and in the course and scope of his employment. The employee has appealed. Upon careful consideration of the record, we affirm the trial court’s decision and remand the case for further proceedings as may be necessary.

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