Dukes v. Montgomery County Nursing Home

OPINION

BROCK, Justice.

The complaint in this case alleges a claim for benefits under the Worker’s Compensation Act. The trial court concluded that the complaint failed to state a claim upon which relief could be granted and, accordingly, dismissed the action pursuant to defendant’s motion.

The defect found by the trial court in the complaint was that it disclosed upon its face that the action was not filed within the one year statute of limitations for worker’s compensation claims, T.C.A., § 50-1003, and that a prior suit filed by the plaintiff upon this same claim which was later voluntarily…