No specific laws identified for this ruling.
Trial court granted employer's summary judgment motion based on the one-year statute of limitations for hearing loss claims. The Special Workers' Compensation Appeals Panel affirmed the dismissal of the employee's workers' compensation claim.
Brian Bowling ("Employee") was employed as a laborer for Potter South East ("Employer"). During his employment with Employer, he was constantly exposed to loud noise from jackhammers, sledgehammers, power drivers and heavy equipment. Employee initially developed hearing loss in 2010 or 2011. Employer filed a motion for summary judgment raising the one-year statute of limitations. The motion was supported by the evaluating physician's C-32 report. The trial court granted Employer's motion and entered an order dismissing Employee's claim. Employee has appealed from that order. The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.
This summary was generated to explain the ruling in plain English and is not legal advice.
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Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility.
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