Transportation Unlimited, Inc. v. Michael Gruber, et al

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. By this appeal, the employer contends (1) the trial judge erred by refusing to dismiss the claim because the claimant made false representations on his application for employment and (2) the trial court erred in awarding discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. In January of 1995, the claimant was hired as a truck driver for Cassens Transport, where he worked as a car carrier, the duties of which included securing cars to the deck of a truck with chains, -2-