VESTER SIMPSON v. WIREGRASS NORTH CENTRAL, ET AL. - Articles

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VESTER SIMPSON v. WIREGRASS NORTH CENTRAL, ET AL.

Posted by: Azya Thornton on Mar 31, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Adam Brock-Dagnan, Nashville, Tennessee, for the employee-appellant, Vester Simpson.

Attorneys 2: Lauren M. Poole and Gregory H. Fuller, Brentwood, Tennessee, for the employer-appellee, Wiregrass North Central.

Judge(s): WEAVER

This interlocutory appeal questions the trial court’s denial of benefits based on its determination regarding the employee’s credibility. The employee alleges an injury to his back due to lifting a grate at work. The employer contended it did not receive notice of a work-related accident until the employee filed a petition for benefit determination five months after the alleged injury. The employer also contended the employee’s preexisting condition was the primary cause of his need for surgery and not any work injury. After an expedited hearing, the trial court found the employee’s testimony was inconsistent and lacked credibility, and it issued an order denying the employee’s request for medical and temporary disability benefits. The employee has appealed. Upon careful review of the record, we affirm the trial court’s order and remand the case.

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