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Michael and Sherry Clawson, parents of decedent Rachel M. Clawson, appealed a summary judgment granted to Rachel's employer, Summers-Taylor, Inc., in a wrongful death action. Rachel was killed in an automobile-pedestrian accident shortly after her shift, on employer-approved parking premises, while visiting with coworkers. The trial court found the death arose out of and in the course of employment, thus covered by workers' compensation, which provides the exclusive remedy. The Court of Appeals affirmed, holding that the time, place and circumstances test for in the course of employment was met, citing that visiting coworkers was an incidental act acquiesced to by the employer, and the arising out of employment test was met due to the inherent dangers of a flag person's job near a roadway.
Clawson v. Burrow is a workers' compensation case decided in Court of Appeals of Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Tennessee.
Full Decision Text1 Pages
Michael and Sherry Clawson, parents of decedent Rachel M. Clawson, appealed a summary judgment granted to Rachel's employer, Summers-Taylor, Inc., in a wrongful death action. Rachel was killed in an automobile-pedestrian accident shortly after her shift, on employer-approved parking premises, while visiting with coworkers. The trial court found the death arose out of and in the course of employment, thus covered by workers' compensation, which provides the exclusive remedy. The Court of Appeals affirmed, holding that the "time, place and circumstances" test for "in the course of employment" was met, citing that visiting coworkers was an "incidental act" acquiesced to by the employer, and the "arising out of employment" test was met due to the inherent dangers of a flag person's job near a roadway.
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