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This workers' compensation appeal addresses whether Tennessee's savings statute (T.C.A. § 28-1-105) can extend the limitations period against a governmental entity that has voluntarily accepted the provisions of the Tennessee Workers’ Compensation Act (T.C.A. § 50-6-106(5)). The plaintiff, injured on May 2, 1994, filed a claim that was voluntarily dismissed on February 15, 1996. A new complaint was filed on November 5, 1996, more than one year after the injury but within one year of the dismissal. The trial court ruled that the savings statute does not apply to a governmental entity protected by sovereign immunity. The Special Workers’ Compensation Appeals Panel affirmed this decision, holding that voluntarily accepting the Workers’ Compensation Act does not imply submission to the separate savings statute, as there is no specific legislative authorization for saving suits against the State.
Roettger v. Metropolitan Government of Nashville & Davidson County ex rel. Electric Power Board is a workers' compensation case decided in Tennessee Supreme Court. 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 Tennessee Supreme Court.
Full Decision Text1 Pages
This workers' compensation appeal addresses whether Tennessee's savings statute (T.C.A. § 28-1-105) can extend the limitations period against a governmental entity that has voluntarily accepted the provisions of the Tennessee Workers’ Compensation Act (T.C.A. § 50-6-106(5)). The plaintiff, injured on May 2, 1994, filed a claim that was voluntarily dismissed on February 15, 1996. A new complaint was filed on November 5, 1996, more than one year after the injury but within one year of the dismissal. The trial court ruled that the savings statute does not apply to a governmental entity protected by sovereign immunity. The Special Workers’ Compensation Appeals Panel affirmed this decision, holding that voluntarily accepting the Workers’ Compensation Act does not imply submission to the separate savings statute, as there is no specific legislative authorization for saving suits against the State.
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