The opinion
FILED
Jul 17, 2024
10:54 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Carlton Roach, ) Docket No. 2023-06-4294
Employee, )
v. )
Grouper Holdings, LLC, a/k/a Aludyne )
North America, ) State File No. 8189-2022
Employer, )
And )
Travelers Indemnity Co., )
Carrier. ) Judge Kenneth M. Switzer
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
The Court heard Grouper Holdings’s motion for summary judgment on July 16,
2024. The issue is whether Grouper Holdings is entitled to summary judgment because
the statute of limitations bars Mr. Roach’s claim. For the reasons below, the Court holds
Grouper Holdings is entitled to summary judgment.
Claim History
Grouper Holdings filed a statement of undisputed material facts with citations to the
record in compliance with Rule 56.03 of the Tennessee Rules of Civil Procedure (2023).
They are summarized as follows:
• Mr. Roach was an employee of Grouper Holdings on September 13, 2021, when
he allegedly sustained an injury in the course and scope of his employment.
• Mr. Roach filed his petition for benefit determination on June 20, 2023.
• Mr. Roach was aware of the denial of his claim for workers’ compensation
benefits.
• Neither Grouper Holdings nor its carrier, Travelers, paid benefits of any type to
or on behalf of Mr. Roach for the alleged September 13, 2021 injury.
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Grouper Holdings supported these facts with the Petition for Benefit Determination
and two affidavits. Brian Green, chief human resources officer for Grouper Holdings, and
Schuyler Crowe, a claims professional for Travelers, testified that no benefits were paid on
Mr. Roach’s claim.
Mr. Roach did not file a response, nor did he appear at the hearing.
Law and Analysis
Summary judgment is appropriate “if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show that there
is no genuine issue as to any material fact and that the moving party is entitled to a judgment
as a matter of law.” Tenn. R. Civ. P. 56.04.
As the moving party, Grouper Holdings must do one of two things to prevail on its
motion: (1) submit affirmative evidence that negates an essential element of Mr. Roach’s
claim, or (2) demonstrate that his evidence is insufficient to establish an essential element
of his claim. Tenn. Code Ann. § 20-16-101 (2023); see also Rye v. Women’s Care Ctr. of
Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015).
If Grouper Holdings successfully meets one of those burdens, Mr. Roach must
respond by producing specific facts showing a genuine issue for trial. Id.; Tenn. R. Civ.
P. 56.06. Rule 56.03 states, “Each disputed fact must be supported by specific citations to
the record.” As to the record, Rule 56.04 allows a court to consider “pleadings, depositions,
answers to interrogatories, and admissions on file, together with the affidavits, if any.”
Grouper Holdings argues that the Court should grant summary judgment because it
affirmatively negated an essential element of Mr. Roach’s claim – that he timely filed his
petition. Grouper Holdings relies on Tennessee Code Annotated section 50-6-203(b)(1),
which states that when an employer has not paid workers’ compensation benefits to or on
behalf of an employee, “the right to compensation under this chapter shall be forever
barred, unless . . . a petition for benefit determination is filed . . . within one (1) year after
the accident resulting in injury.”
Here, the undisputed, properly supported facts show that Mr. Roach alleged a work
injury occurring on September 13, 2021, and Grouper Holdings and Travelers paid no
benefits. Mr. Roach did not file his petition until June 20, 2023, past the one-year post-
accident deadline for filing his lawsuit. Therefore, Grouper Holdings successfully negated
an essential element of Mr. Roach’s claim ̶ that he timely filed the petition ̶ and showed
that his facts are insufficient to prove this element.
2
Because Grouper Holdings met its burden, the Court considers whether Mr. Roach
produced pleadings, depositions, answers to interrogatories, admissions on file, or
affidavits setting forth specific facts showing a genuine issue for trial. He did not.
Specifically, Mr. Roach filed no response to Grouper Holdings’s statement of
undisputed material facts. He also did not appear to make any argument in support of
denying the motion. Because Mr. Roach did not point to any specific facts or present any
admissible countervailing evidence regarding Grouper Holdings’s statute of limitations
defense, he did not show a genuine issue of material fact for trial. The Court holds Grouper
Holdings is entitled to summary judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. Grouper Holdings’s motion for summary judgment is granted, and Mr. Roach’s
claim is dismissed with prejudice to its refiling.
2. Unless appealed, this order shall become final 30 days after entry.
3. The Court taxes the $150.00 filing fee to Grouper Holdings under Tennessee
Compilation Rules and Regulations 0800-02-21-.06 (2023), payable to the Clerk
within five days of this order becoming final.
ENTERED July 17, 2024.
________________________________________
JUDGE KENNETH M. SWITZER
Court of Workers’ Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on July 17, 2024.
Name Certified Regular Email Sent to
Mail mail
Carlton Roach, X X Carltonroach76@gmail.com
employee 701 Gracey Ave. #105A
Clarksville TN 37040
Chip Storey, X cstoreyj@travelers.com
employer’s attorney dbest@travelers.com
_______________________________________
PENNY SHRUM
Clerk, Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office
or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an
Affidavit of Indigency (form available on the Bureau’s website or any Bureau office)
seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency
within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing
fee or file the Affidavit of Indigency will result in dismissal of your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
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Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
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