Court reviews the proper vehicle for reviewing a Board of Appeal injury classification

MIGDALIA HERBERT v. BOARD OF EDUCATION OF THE MEMPHIS CITY SCHOOLS (Tenn. Ct. App. December 17, 2009)

A teacher was injured when she tried to break up a fight among students. The BOE classified her injury as resulting from an accident rather than from a physical attack, and that determination was upheld by the Board of Appeal, whose determination was final. The teacher filed suit in the chancery court alleging breach of contract, but her complaint was dismissed after the trial court found that no breach had occurred and that it lacked subject matter jurisdiction. The proper vehicle for reviewing the Board of Appeal's classification was a writ of certiorari. Because the teacher failed to file such a petition, we affirm the trial court's dismissal.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2009/herbertm_121709.pdf