Mohammad Hamad v. Real Time Staffing Services, LLC, Et Al.

Court Description:

Authoring Judge: Chief Justice Jeffrey S. Bivins

Trial Court Judge: Judge J. Mark Rogers

In April 2011, Mohammad Hamad ( Employee ) was working at a Pillsbury factory through the defendant agency, Real Time Staffing Services ( Employer ), when he slipped on a wet floor and tore his left meniscus. After undergoing knee surgery, he returned to work at the factory. In September 2012, Employee once again was injured while lifting a heavy box. He sustained an injury to his left shoulder and an inguinal hernia. Employee has not returned to work since this second injury. Employee filed suit, arguing that he was totally and permanently disabled. The trial court found Employee only permanently partially disabled. Employee timely appealed, arguing that this Court should: (1) reverse and remand to the trial court to reconsider his contention that he is permanently and totally disabled under Tennessee Code Annotated section 50-6-207(4)(B); (2) increase his disability award under Tennessee Code Annotated section 50-6-242 ( the Escape Clause ); or (3) increase his disability award under Tennessee Code Annotated section 50-6-241. 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 of the trial court.