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Eller v. Loram Maintenance of Way9/12/2000
Mailed - August 3, 2000
This workers' compensation appeal from the Cumberland County Circuit Court has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Cumberland County Circuit Court dismissed the plaintiff's claim for Tennessee workers' compensation benefits on the basis that the plaintiff affirmatively elected to seek workers' compensation benefits in the states of Maryland and Pennsylvania. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed.
L. Terry Lafferty, Sr. J., delivered the opinion of the court, in which William M. Barker, J., and Howell N. Peoples, Sp . J., joined.
MEMORANDUM OPINION
PART A. Trial Testimony
The plaintiff, age 43, a twelve year veteran of the U.S. Marine Corps., testified that he has lived in Crossville, Tennessee since his birth. In March 1994, the plaintiff filed an application of employment with the defendant, Loram Maintenance of Way, Inc. The plaintiff was hired in either April or May of 1994. Loram Maintenance of Way, Inc. is a Minnesota corporation that specializes in railroad track maintenance throughout the United States. The plaintiff stated that he was a machine operator that grinds and reshapes rails. The defendant paid the plaintiff an hourly wage, hotel expenses, food supplement and transportation costs while he worked in the field. In November 1994 in Pennsylvania, the plaintiff testified that he injured his back while moving gear into a hotel. Although the plaintiff did not know the source of any benefits, Liberty Mutual Insurance Company paid medical and indemnity benefits to the plaintiff for his injury through the defendant. The plaintiff stated that he did not file a workers' compensation claim in Pennsylvania.
In March 1995, in Maryland, the plaintiff stated that he injured his back while on the job. He was referred to Dr. Jerry Reese. The plaintiff underwent back surgery for this injury on April 28, 1995. After a recuperation period, the plaintiff returned to work on light duty in the company office. Although his back pain persisted, the plaintiff was assigned to work in the electrical shop and later he was moved to the hydraulics section. The plaintiff had reached his maximum medical improvement in December of 1995 and was returned to work as an operator only. Due to his continuing back problems, the plaintiff was sent to Minnesota for another medical examination by Dr. John Sherman in June 1996. The defendant offered the plaintiff a job at an hourly wage in Minnesota which would require him to move to Minnesota. The plaintiff hired an attorney, James Ventura of Minnesota, to represent him. The plaintiff testified that he did not file any claims for benefits in either Maryland or Pennsylvania. The plaintiff acknowledged that he received a document from Ralph Weber of Pennsylvania, but refused to sign the document, which he then gave to his attorney. Also, the plaintiff stated that he received additional paperwork from Pennsylvania which he gave to his attorney. At the time of trial, the plaintiff was a part-time truck driver. In cross-examination, the plaintiff acknowledged that he hired an attorney to help with the claims in Maryland and Pennsylvania, and that the attorney helped him to obtain some benefits. As to the paperwork he received from Pennsylvania, the plaintiff stated that he expected his attorney to handle the claim. A
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