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This workers' compensation appeal addresses whether a cause of action is barred if a complaint is filed within the statute of limitations, but the summons is issued afterward. The employee, Wesley Hine, sustained an injury in 1987, with workers' compensation benefits ending in March 1988, making the statute of limitations expire in March 1989. Hine filed his complaint on March 15, 1989, but the summons was not issued until June 9, 1989, leading the trial court to dismiss the case. The Supreme Court reversed and remanded, ruling that under Tennessee Rules of Civil Procedure Rule 3, an action commences upon filing the complaint, regardless of immediate summons issuance. The Court clarified that 'forthwith' in Rule 4.01 means within a reasonable time, not simultaneously, and remanded the case for a determination of the reasonableness of the delay.
Hine v. Commercial Carriers, Inc. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
This workers' compensation appeal addresses whether a cause of action is barred if a complaint is filed within the statute of limitations, but the summons is issued afterward. The employee, Wesley Hine, sustained an injury in 1987, with workers' compensation benefits ending in March 1988, making the statute of limitations expire in March 1989. Hine filed his complaint on March 15, 1989, but the summons was not issued until June 9, 1989, leading the trial court to dismiss the case. The Supreme Court reversed and remanded, ruling that under Tennessee Rules of Civil Procedure Rule 3, an action commences upon filing the complaint, regardless of immediate summons issuance. The Court clarified that 'forthwith' in Rule 4.01 means within a reasonable time, not simultaneously, and remanded the case for a determination of the reasonableness of the delay.
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