JACKIE W. MCCLAIN v. GOLDEN SERVICES, INC., ET AL. - Articles

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JACKIE W. MCCLAIN v. GOLDEN SERVICES, INC., ET AL.

Posted by: Azya Thornton on Jul 31, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: W. Troy Hart and Lauren N. Gray, Knoxville, Tennessee, for the employer-appellant, Golden Services, Inc.

Attorneys 2: J. Timothy Bobo, Clinton, Tennessee, for the employee-appellee, Jackie W. McClain.

Judge(s): CONNER

In this interlocutory appeal, the employer alleges the trial court erred in declining to dismiss the employee’s petition for benefit determination based on a purported failure to state a claim upon which relief can be granted. The employer argued that the employee’s petition was subject to dismissal, in part, because it included the language “toll the statute” and because it did not plead sufficient facts to put the employer on notice of “exactly what facts are at issue.” The trial court determined that the employee’s petition, on its face, identified disputed issues beyond merely tolling the statute of limitations and, in presuming the truth of the allegations and averments in the petition, it concluded the petition stated a claim upon which relief could be granted. We agree with the trial court’s rationale and conclusions; thus, we affirm the trial court’s order and remand the case.

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