JOSE CISNEROS v. BRANDENBURG INDUSTRIAL SERVICE CO., ET AL. - Articles

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JOSE CISNEROS v. BRANDENBURG INDUSTRIAL SERVICE CO., ET AL.

Posted by: Azya Thornton on Jan 22, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: Travis J. Ledgerwood, Mt. Juliet, Tennessee, for the employer-appellant, Brandenburg Industrial Service Co.

Attorneys 2: Jose Cisneros, employee-appellee, pro se.

Judge(s): GODKIN

In this appeal, the employer asserts that the trial court erred in denying its motion for summary judgment based on its assertion that the employee failed to file a petition seeking workers’ compensation benefits in a timely manner. Following a hearing, the court found that the employer had negated an essential element of the employee’s claim but also concluded the employee had presented sufficient evidence regarding the insurer’s handling of his claims to establish disputed issues of material fact that preclude summary judgment. The court found that, if it credited the employee’s recitation of events, it could find that the employer’s or its insurer’s delays estopped them from relying on its statute of limitations defense. The employer has appealed. Having carefully reviewed the record, we reverse the trial court’s decision and remand the case for the court to enter an order consistent with this opinion.

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