The opinion
FILED
Dec 11, 2024
11:19 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
BRIAN TREADWAY, ) Docket No. 2023-02-5980
Employee, )
v. )
KENNETH CARR, ) State File No. 2384-2020
Employer, )
and )
NORGUARD INSURANCE ) Judge Brian K. Addington
COMPANY, )
Carrier. )
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
Carr Brothers filed a motion for summary judgment, which the Court heard on
December 10, 2024. The issue is whether Mr. Treadway actually worked at Carr Brothers
on the date he alleged he sustained his work injury. Carr Brothers argues that he did not.
For the reasons below, the Court holds Carr Brothers is entitled to summary judgment.
Claim History
Carr Brothers filed statements of undisputed material facts with citations to the
record in compliance with Rule 56.03 of the Tennessee Rules of Civil Procedure. It
supported its facts with admissions by Mr. Treadway and a Judicial Notice of Adjudicative
Facts filed under Tennessee Rules of Evidence 201(b).
The statement of undisputed material facts included the following:
• Mr. Treadway injured his ankle on Saturday, January 19, 2019.
• January 19, 2019, was a Saturday.
• Mr. Treadway did not work on Saturday, January 19, 2019.
Carr Brothers argues that Mr. Treadway cannot prove he sustained an injury that
arose primarily out of and in the course and scope of his employment because he admitted
1
that his injury occurred on a day he was not working. Mr. Treadway did not respond to the
motion or appear at the motion hearing.
Law and Analysis
Summary Judgment is proper “if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show 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 (2024).
Carr Brothers must do one of two things to prevail: (1) submit affirmative evidence
that negates an essential element of the other’s claim, or (2) demonstrate that the evidence
is insufficient to establish an essential element of the claim. Tenn. Code Ann. § 20-16-
101; see also Rye v. Women's Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn.
2015).
Here, Carr Brothers submitted affirmative evidence that Mr. Treadway’s injury did
not happen on a day that he worked. This shifted the burden to Mr. Treadway to produce
facts that showed a genuine issue as to whether Carr Brothers is entitled to summary
judgment. He did not respond to the motion with any proof that the Court could consider,
so he did not meet his burden of establishing a genuine issue of material fact that would
make summary judgment inappropriate.
Tennessee Code Annotated section 50-6-102(14)(A) (2019), now codified as
section 50-6-102(12)(A), defines an injury for which an employee is entitled to benefits as
one “caused by a specific incident, or set of incidents, arising primarily out of and in the
course and scope of employment[.]” (Emphasis added). The factual record on summary
judgment here shows, without genuine dispute, that Mr. Treadway’s injury occurred on a
date on which he did not work for Carr Brothers. For that reason, the Court holds Carr
Brothers is entitled to summary judgment as a matter of law.
IT IS, THEREFORE ORDERED as follows:
1. Carr Brothers’s motion for summary judgment is granted, and Mr. Treadway’s
Petition for Benefit Determination 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 Carr Brothers under Tennessee
Compilation Rules and Regulations 0800-02021-.06 (2023), payable to the clerk
within five days of this order becoming final.
ENTERED December 11, 2024.
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Brian K. Addington
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on December 11, 2024.
Name Certified Fax Email Service sent to:
Brian Treadway, X 4151 Old Jonesborough Rd.
Employee Lot 5
Jonesborough, TN 37659
Allen Callison, X allen.callison@mgclaw.com
Employer’s Attorney
______________________________________
PENNY SHRUM, COURT CLERK
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.
¾ 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.
¾ 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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ
ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
□ 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 *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
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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