Nance v. Nance

Jerry Nance (employee) sued his brother, Douglas Nance (employer), to recover workmen's compensation benefits for an injury that he suffered on January 30, 1991, while working as a pulpwood logger. After receiving ore tenus evidence, the trial court denied the benefits. The employee appeals.

The dispositive issue is whether the trial court properly considered the evidence in determining that the employee was not entitled to workmen's compensation benefits.

We note that because this is a workmen's compensation case, our standard of review is limited to a two-pronged test. Initially, we look to…