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]
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