Opinion

Ingram, Krystal v. Federal Express Corp.

  • 2025 TN WC 7
Court
Tennessee Court of Workers' Compensation Claims
Filed
Feb 18, 2025
Status
Published
On the bench
Marion
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

FILED

Feb 18, 2025

01:07 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

KRYSTAL INGRAM, ) Docket No.: 2022-08-0743

Employee, )

v. )

FEDERAL EXPRESS CORP., ) State File No.: 80542-2021

Employer, )

And )

INDEMNITY INSURANCE ) Judge Shaterra R. Marion

COMPANY OF NORTH AMERICA, )

Carrier. )

)

____________________________________________________________________________

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

Federal Express filed a motion for summary judgment. The central issue is whether

Ms. Ingram can present sufficient evidence of a causal connection between her

employment and her injury, which is an essential element of her claim. For the reasons

below, the Court holds Ms. Ingram did not present the necessary evidence and Federal

Express is entitled to summary judgment as a matter of law.

Procedural History

Ms. Ingram alleged she suffered work-related injuries to her right hand and fingers

at work in July 2021. She filed a petition for benefit determination seeking medical and

temporary disability benefits. After an expedited hearing, the Court denied benefits and

entered a partial scheduling order. Federal Express then filed this motion for summary

judgment. Ms. Ingram filed a response. The Court held a hearing on February 12, 2025. 1

1

Federal Express’s motion listed the hearing date and time, and they sent the motion, statement of

undisputed facts, memorandum, relevant rules and deadlines to Ms. Ingram by email. The Court also sent

a docketing notice listing the hearing date and time. Neither party appeared at the start of the hearing, so

Court staff emailed and called both parties. Mr. Baker appeared for Federal Express, but Ms. Ingram did

not appear.

Facts

Federal Express filed a statement of undisputed material facts with citations to the

record under Tennessee Rules of Civil Procedure 56.03 (2024). Ms. Ingram stated in her

response that Federal Express never described the facts as “material,” and that the

statement of facts was not concise. She did not, however, dispute the facts themselves, so

none of the facts alleged in Federal Express’s statement was rebutted. The Court

summarizes the relevant material facts as follows: 2

1. The partial scheduling order set a November 8, 2024, deadline for deposing all fact

witnesses, and a December 27, 2024, deadline for deposing all medical or expert

witnesses.

2. Ms. Ingram identified no medical experts on whose opinions she intended to rely at

the compensation hearing.

3. Ms. Ingram did not depose any fact witnesses or medical witnesses establishing the

cause of her hand problems.

Based on these facts, Federal Express contends the Court should grant summary

judgment because it negated an essential element of Ms. Ingram’s claim. Specifically, it

argues she does not have sufficient expert proof to carry her burden in showing her injury

arose primarily out of and in the course and scope of her employment.

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, Federal Express must either: (1) submit affirmative evidence

that negates an essential element of Ms. Ingram’s claim, or (2) demonstrate that her

evidence is insufficient to establish an essential element of her claim. Tenn. Code Ann. §

20-16-101 (2024); Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264

(Tenn. 2015).

If Federal Express meets this burden, Ms. Ingram must then establish that the record

contains specific facts upon which the Court could base a decision in her favor. Rye, at

265. The essential element at issue in this case comes from Tennessee Code Annotated

section 50-6-102(12), which requires expert medical proof that the injury arose primarily

out of and in the course and scope of employment.

2

Federal Express pleaded 36 facts, but the facts not summarized are either immaterial or not properly

supported in the record.

A Supreme Court Panel has held that the trial court did not err in granting summary

judgment where the employee failed to respond to the motion and failed to offer any

medical evidence of causation. Hutchins v. Cardinal Glass Indus., No. E2023-00587-SC-

R3-WC, 2024 Tenn. LEXIS 3, at *11 (Jan. 11, 2024).

While Ms. Ingram responded to Federal Express’s motion for summary judgment,

she did not follow the Rule 56 requirement of responding to the statement of undisputed

material facts aside from objecting to their labeling and their concision. Therefore, the

facts are undisputed.

However, the analysis does not stop here, as the Court must determine whether

under Rule 56.06 summary judgment is “appropriate.” Considering the merits of Federal

Express’s motion, it successfully demonstrated that Ms. Ingram’s evidence is insufficient

to prove medical causation, an essential element of her claim. She presented no evidence

that her injury arose primarily out of and in the course and scope of her employment.

Thus, no genuine issue of material fact exists as to the question of causation, and

Federal Express is entitled to summary judgment as a matter of law.

IT IS, THEREFORE, ORDERED as follows:

1. Federal Express’s motion for summary judgment is granted, and Ms. Ingram’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 Federal Express, under Tennessee

Compilation Rules and Regulations 0800-02-21-.06, for which execution may issue

as necessary.

4. Federal Express shall prepare and submit the SD-2 with the Clerk within ten days

of the date of judgment.

ENTERED February 18, 2025.

________________________________________

Judge Shaterra R. Marion

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as indicated on February 18, 2025.

Name Mail Email Service sent to:

Krystal Ingram, X X P.O. Box 465

Employee Robinsville, MS 38664

krystyle11@yahoo.com

Stephen Miller, X smiller@mckuhn.com

Joseph Baker, jbaker@mckuhn.com

Employer’s Attorneys mdoherty@mckuhn.com

_____________________________________

Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

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]

LB-1099 rev. 01/20 Page 2 of 2 RDA 11082

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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