Tracy Payne v. D & D Electric, et al.

Court Description:

Authoring Judge: JUSTICE SHARON G. LEE

Trial Court Judge: JUDGE THOMAS L. WYATT

The issue in this workers compensation appeal is whether the employer is entitled to summary judgment. The employee filed a claim for workers compensation benefits, alleging he injured his foot in the course and scope of his employment. His employer denied the claim, citing a lack of medical proof that the injury was job-related. The Court of Workers Compensation Claims denied a motion for summary judgment filed by the employer, finding there was a genuine issue of material fact as to whether the work injury contributed more than fifty percent in causing the injury. The Workers Compensation Appeals Board reversed and dismissed the case, holding that the employee failed to produce sufficient evidence that his foot condition arose primarily out of and in the course and scope of his employment. After careful review, we affirm the decision of the Workers Compensation Appeals Board.