Rosasco v. West Knoxville Painters, LLC

Court: Tennessee Supreme Court

Docket: E2020–01656-SC-R3-WC

Opinion Date: November 18, 2021

Judge: Acree

Areas of Law: Labor & Employment Law, Personal Injury

The Supreme Court affirmed the judgment of the court of workers’ compensation claims determining that Employee’s workplace injury did not arise primarily out of and in the course and scope of his employment and granting summary judgment for Employer, holding that the court of workers’ compensation claims property granted summary judgment for Employer.

Employee was painting the exterior of a house a house while working for Employer on a windy day when he took a break from painting. At one point, he used a portable restroom, not obtained by Employer, located on the street and was struck by a dead tree that had fallen.

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Originally published at https://freewaylaw.com on December 7, 2021.