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Cleaster Marshall, an employee of Gate Precast Company, filed a request for an expedited hearing regarding a work-related knee injury sustained in February 2016. He alleged knee pain after prolonged kneeling and reported it to his supervisor. The employer and its carrier contested the sufficiency of notice and whether the injury arose primarily out of employment, citing Marshall's pre-existing conditions. The Court found Marshall gave sufficient notice but lacked evidence for the injury arising primarily out of employment. Consequently, his request for medical and temporary disability benefits was denied. The employer was also referred to the Penalty Unit for failing to file a First Report of Injury.
Marshall, Cleaster v. Gate Precast Compnay is a workers' compensation case decided in Tennessee Court of Workers' Compensation Claims. 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 Court of Workers' Compensation Claims.
Full Decision Text1 Pages
Cleaster Marshall, an employee of Gate Precast Company, filed a request for an expedited hearing regarding a work-related knee injury sustained in February 2016. He alleged knee pain after prolonged kneeling and reported it to his supervisor. The employer and its carrier contested the sufficiency of notice and whether the injury arose primarily out of employment, citing Marshall's pre-existing conditions. The Court found Marshall gave sufficient notice but lacked evidence for the injury arising primarily out of employment. Consequently, his request for medical and temporary disability benefits was denied. The employer was also referred to the Penalty Unit for failing to file a First Report of Injury.
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