David R. McPeak v. Specialty Surgical Instrumentation, Inc., et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant, David R. McPeak, has appealed the action of the trial court, which dismissed his cause of
action for failure to timely file his petition for reconsideration of disability pursuant to Tennessee Code Annotated section 50-6-241. After a thorough review of the record and the relevant caselaw, we conclude that the petition was timely filed.  Accordingly, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.