Johnson, Robert E. v. G.UB.MK Constructors, Inc. ( 2020 )


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  • September 21, 2020
    TN COURT OF
    WORKERS’ COMPENSATION
    CLAIMS
    Time 9:03 A.M. EASTERN
    TENNESSEE COURT OF WORKERS’ COMPENSATION CLAIMS
    BUREAU OF WORKERS’ COMPENSATION
    ROBERT E. JOHNSON,
    DOCKET NO. 2020-03-0244
    Employee,
    STATE FILENO. 13064-2020
    v.
    RFA NO. 2020250127
    G.UB.MK CONSTRUCTORS, INC.
    DATE OF INJURIES: 10/09/14
    Employer,
    AGREED COMPENSATION ORDER OF DISMISSAL WITHOUT PREJUDICE
    Upon Motion and Agreement of the parties and counsel, after telephonic mediation
    with Specialist Madeline Shelly on Thursday, September 17, 2020, and the parties
    agreement to an Order of Dismissal Without Prejudice of the Employee's alleged
    occupational exposure illnesses and/or injuries arising from the Employee’s work for
    Employer on the Kingston Fly Ash Recovery Project, from time to time, during the time
    period of August 24, 2012 to October 09, 2014, as a commercial truck driver, the parties
    submit this Agreed Order for approval and entry by the Court of Workers’ Compensation
    Claims.
    While the parties dispute the compensability of the occupational exposures and
    ilinesses alleged in this matter, the parties stipulate that the Employee has a third party
    tort suit pending arising from these same claims, and that the Employee is currently
    ' The date of injury and compensability of this claim is disputed. For the purposes of the Petition
    for Benefit Determination in this matter, the date of injury used is the last date the Employee
    worked for the Employer.
    1
    working fulltime, without restrictions, as a truck driver with a valid Class A license and
    DOT medical certificate, and wishes to preserve his right to re-file his workers
    compensation claim for occupational injuries and/or illnesses in the future.
    WHEREFORE, based upon the agreement and stipulations of the parties at
    mediation, the Court finds it is in the best interest of the Employee to dismiss Employee's
    claims of an occupational injury with the Employer, without prejudice to the refiling of
    same, should he become partially or totally incapacitated from working and provide
    medical proof that this incapacity is due to an occupational illness that is more than 50%
    related to the Employee’s work for the Employer, considering all causes, pursuant to
    T.C.A § 50-6-102(14) and T.C.A. § 50-6-303(a).
    The Court taxes the filing fee of $150.00 to G.UB.MK under Tennessee
    Compilation Rules and Regulations Rule 00800-02-21-.07 (2017), to be paid within five
    business days of the entry of this Order. In addition, G.UB.MK shall prepare and submit
    an SD-1 form within ten business days of the date of this Order.
    IT IS SO ORDERED.
    ENTERED September 21, 2020.
    Pamele 2. Qehnaen
    , JUDGE
    Court of Workers’ Compensation Claims
    APPROVED FOR ENTRY:
    BRIDGEFRONT LAW GROUP, LLC
    ASAN B. DUPREE, BPR#017339
    616 W. Hill Avenue, 2" Floor
    Knoxville, Tennessee 37902
    865-223-5184
    Attorney for Employee
    BERNSTEIN STAIR & McADAMS LLP
    Hid
    REN G. CRUTCHFIELD/®PR #016651
    . TYLER CHASTAIN, BPR #016029
    116 Agnes Road
    Knoxville, Tennessee 37919
    865-546-8030
    Attorneys for Employer
    CERTIFICATE OF SERVICE
    I certify that a copy of this Order was sent as indicated on September 21, 2020.
    Name Mail Fax Via _ | Service sent to:
    Email
    John D, Dupree, x johnbdupree14@gmail.com
    Employee’s Attorney
    Karen G. Crutchfield, xX kcrutchfield@bsmlaw.com
    Employer’s Attorney
    he 2 Lp, Op thn A Ay]
    Penny Shfun, Court Clerk
    We.courtclerk(@tn.gov
    

Document Info

Docket Number: 2020-03-0244

Judges: Pamela B. Johnson

Filed Date: 9/21/2020

Precedential Status: Precedential

Modified Date: 11/28/2020