TWCA reviews the credibility of an employee's testimony and whether the injury arose out of the course of employment

KIEWIT-ACT, A JOINT VENTURE v. CHRIS JONES and CHRISTOPHER BRYON JONES v. KIEWIT-ACT, A JOINT VENTURE and ZURICH AMERICAN INSURANCE COMPANY (TWCA May 20, 2012)

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law.

The employee has appealed the trial court’s denial of benefits for injuries to his right shoulder purportedly caused by a fall at work. The trial court denied the claim based on a finding that the employee’s testimony was not credible and that he failed to establish that his injury arose out of and in the course of his employment. The employee has also challenged the trial court’s award of $3,245.25 in discretionary costs to the employer. We affirm the trial court’s judgment.

Opinion available at:
https://www.tba.org/sites/default/files/kiewitact_051012.pdf