Billy Joe Brewer v. Dillingham Trucking, Inc., et al

Employee, a truck driver, fell while climbing into the cab of Employer’s truck, which was parked at Employee’s home. Employer initially accepted the claim as compensable, but later denied it, asserting that Employee was not in the course of his employment when the injury occurred. The trial court found the injury to be compensable and awarded benefits. The trial court also granted a post-trial motion ordering Employer to pay for Employee’s independent medical evaluation (IME). Employer has appealed. 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. The order requiring Employer to pay the cost of the IME is reversed. The remainder of the judgment is affirmed.