Wednesday, December 12, 2012

Court reviews whether the trial court had proper jurisdiction to review an administrative order from the Labor Department

C.H. GUENTHER & SON, INC. v. SUE ANN HEAD ET AL. (Tenn. Ct. App. December 10, 2012)

An employee appeals the trial court’s decision to void a final administrative order by the Department of Labor awarding the employee attorney fees with respect to the employee’s actions to enforce a workers’ compensation settlement. We have determined that the applicable request for assistance process does not constitute a contested case under the Uniform Administrative Procedures Act and that the trial court therefore lacked subject matter jurisdiction to hear this matter. We reverse the decision of the trial court.

Opinion available at:
https://www.tba.org/sites/default/files/chguenther.pdf

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