JACKEY WINFREY v. MCMINNVILLE TOOL AND DIE, INC., ET AL. - Articles

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JACKEY WINFREY v. MCMINNVILLE TOOL AND DIE, INC., ET AL.

Posted by: Azya Thornton on Jan 30, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Jackey Winfrey, McMinnville, Tennessee, employee-appellant, pro se.

Attorneys 2: D. Brett Burrow, Nashville, Tennessee, for the employer-appellee, McMinnville Tool and Die, Inc.

Judge(s): WEAVER

This compensation appeal arises from the trial court’s dismissal of the employee’s claim for benefits. The employee alleged he suffered multiple injuries when he fell several feet at work while repairing a garage door. The employer provided medical treatment and temporary disability benefits; however, the employee continuously expressed dissatisfaction with his authorized physicians and frequently failed to attend appointments. The employer filed a motion to dismiss based in part on the missed appointments and the employee’s conduct throughout the litigation, including inappropriate, often profane, and occasionally threatening language in communications directed to the employer’s attorney, the court clerk, the trial court, and other individuals involved with the case. The employee also failed to appear for his deposition despite a court order to do so. As a result, the trial court granted the employer’s motion and dismissed the case, and the employee has appealed. After careful review of the record, we affirm the trial court’s decision to dismiss the employee’s case and certify the trial court’s order as final.

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