Brett Rosasco v. West Knoxville Painters, LLC

Brett Rosasco (“Employee”) was injured when he was struck by a falling tree after he tried to use a portable restroom near his worksite. The Court of Workers’ Compensation Claims determined that Mr. Rosasco’s injury did not “arise primarily out of and in the course and scope of [his] employment” and granted summary judgment for West Knoxville Painters, LLC (“Employer”). See Tenn. Code Ann. § 50-6-102(14). Mr. Rosasco’s appeal has been referred to this Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After reviewing the evidence, we affirm the judgment.