Rosasco v. West Knoxville Painters, LLCAnnotate this Case
The Supreme Court affirmed the judgment of the court of workers' compensation claims determining that Employee's workplace injury did not arise primarily out of and in the course and scope of his employment and granting summary judgment for Employer, holding that the court of workers' compensation claims property granted summary judgment for Employer.
Employee was painting the exterior of a house a house while working for Employer on a windy day when he took a break from painting. At one point, he used a portable restroom, not obtained by Employer, located on the street and was struck by a dead tree that had fallen. Employer denied Employee workers' compensation, finding that Employee's injury resulted from an "act of God" and did not arise primarily out of his employment. The Supreme Court affirmed, holding that the court of workers' compensation claims properly determined that Employee's injuries did not arise primarily out of his employment.
Authoring Judge: Judge William B. Acree, Sr.
Trial Court Judge: Judge Pamela Johnson
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.