PUBLIC EMPLOYMENT - TENNESSEE

City of Memphis v. Edwards by and Through Edwards

Supreme Court of Tennessee - July 5, 2023 - S.W.3d - 2023 WL 4414598

City filed petition for judicial review of administrative law judge’s (ALJ) order concluding that city had wrongly denied firefighter’s claim for benefits under city’s on-the-job injury plan and its heart, hypertension, and lung program.

The Chancery Court granted motion filed by firefighter’s widow, who had been substituted as party following firefighter’s death during the administrative proceedings, to dismiss the petition for judicial review due to city’s failure to file the administrative record. City appealed. The Court of Appeals reversed and remanded. Widow filed application for permission to appeal.

The Supreme Court held that city’s inadequate brief on appeal resulted in waiver of issue of whether trial court had erred in dismissing city’s petition for judicial review.

City waived on appeal the issue of whether trial court had erred in dismissing city’s petition for judicial review of administrative law judge’s (ALJ) order concluding that city had wrongly denied firefighter’s claim for benefits under city’s on-the-job injury plan and its heart, hypertension, and lung program, where such issue was not designated by city as an issue in its appellate brief, and brief did not include argument on the issue that satisfied requirements of rule governing contents of an appellant’s brief.



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