Richard Moser v. Hara, Inc. D/B/A Hot Shot Delivery, Et Al.

Richard Moser (“Employee”) worked for Hara, Inc. d/b/a Hot Shot Delivery (“Employer”) as a truck driver. Employee filed this action against Employer and its workers’ compensation insurance carrier, Auto-Owners Insurance Company, alleging that he sustained a compensable injury in August 2013, when he attempted to pull a duffel bag out of his truck. Employer asserts that the injury occurred in August 2014, when Employee used a crank to lower the landing gear on a trailer. In its defense, Employer specifically asserts that Employee’s failure to provide adequate notice of the 2014 injury contravenes his claim for compensation. Employee concedes he did not provide adequate notice of the 2014 injury. The trial court found that Employee suffered a compensable injury in August 2013 during the course and scope of his employment and retained a permanent anatomical impairment of 25% to the body as a whole as a result of the 2013 injury. Employer has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.