[Download] "Milton J. Bacon v. Sevier County" by At Knoxville Supreme Court Of Tennessee # eBook PDF Kindle ePub Free
eBook details
- Title: Milton J. Bacon v. Sevier County
- Author : At Knoxville Supreme Court Of Tennessee
- Release Date : January 15, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this worker's compensation action, Plaintiff-Appellee, Milton Bacon, a bailiff/process server, seeks disability benefits
on the theory that job-related stress caused him to have a heart attack. The employer, Sevier County, Defendant-Appellant,
has appealed from a judgment of the Circuit Court for Sevier County awarding worker's compensation disability benefits to
the employee, Bacon. The employer challenges the trial court's award on the basis that in awarding benefits, the court erroneously
applied a causal presumption in favor of the employee contained in T.C.A. § 7-51-201. 1 Because we find the statutory
presumption inapplicable and that Plaintiff has failed to establish causation, we reverse and remand. The record reveals that the Plaintiff, age 60 at the time of trial, began working as a bailiff/process server for the Chancery
Court for Sevier County in 1976. His duties consisted primarily of maintaining a presence in the courtroom performing typical
bailiff-type duties whenever the Chancery Court was in session, and serving papers when court was not in session. He was employed
by the Clerk and Master and the Chancellor. When not in court, the Plaintiff would wear casual clothes and when in court,
a suit and tie. He would carry a weapon at all times, although he never had an occasion to draw the weapon or actually fire
at someone. He did not attend the police academy or have any formal training in connection with his job. The majority of his
time was spent locating, driving to, and serving civil process. The Plaintiff described his job as being stressful and frustrating
at times.