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Fred Travis, II, an employee, suffered a right shoulder injury while working for Carter Express, Inc. Carter denied his claim and failed to timely initiate benefits, arguing an Indiana forum-selection clause applied and that Travis's injury description was inconsistent. The case was remanded from the Workers’ Compensation Appeals Board to reconsider attorney's fees under Tennessee Code Annotated section 50-6-226(d)(1)(b). The Court found Carter's failure to initiate benefits was incorrect, erroneous, and inconsistent with the law, as the forum-selection clause was void and Travis did not elect Indiana remedies. Considering the 'extremely limited circumstances' framework from Thompson v. Comcast Corp., the Court concluded that Carter's delay without an expert opinion to rebut medical evidence justified the award of attorney's fees. The Court granted Mr. Travis’s request for attorney’s fees totaling $28,244.
Travis, Fred v. Carter Express, Inc. 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
Fred Travis, II, an employee, suffered a right shoulder injury while working for Carter Express, Inc. Carter denied his claim and failed to timely initiate benefits, arguing an Indiana forum-selection clause applied and that Travis's injury description was inconsistent. The case was remanded from the Workers’ Compensation Appeals Board to reconsider attorney's fees under Tennessee Code Annotated section 50-6-226(d)(1)(b). The Court found Carter's failure to initiate benefits was incorrect, erroneous, and inconsistent with the law, as the forum-selection clause was void and Travis did not elect Indiana remedies. Considering the 'extremely limited circumstances' framework from Thompson v. Comcast Corp., the Court concluded that Carter's delay without an expert opinion to rebut medical evidence justified the award of attorney's fees. The Court granted Mr. Travis’s request for attorney’s fees totaling $28,244.
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