The opinion
FILED
Jun 16, 2025
01:34 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
JERRY YARBOUGH, ) Docket No.: 2020-08-0119
Employee, )
v. )
TRUEBLUE, INC., ) State File No.: 37277-2019
Employer, )
And )
NEW HAMPSHIRE INS. CO., ) Judge Shaterra R. Marion
Carrier. )
________________________________________________________________________
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
TrueBlue filed a motion for summary judgment, asserting that Mr. Yarbough cannot
present sufficient evidence of a causal connection between his employment and his injury,
which is an essential element of his claim. Mr. Yarbough did not timely respond. For the
reasons below, the Court holds that TrueBlue is entitled to summary judgment as a matter
of law.
Motion for Extension
Mr. Yarbough filed a motion to extend time for summary judgment on June 4, 2025,
the day before the summary judgment hearing. He alleges that he contacted the ombudsman
program in May but did not receive an answer. He finally heard back from the ombudsman
on June 3 and, after learning the nature of the motion, filed the motion for extension on the
evening of June 4.
TrueBlue counters that the motion should be denied because Mr. Yarbough filed it
on the night before the hearing. Additionally, Mr. Yarbough did not detail what, if any,
attempts he made to reach the ombudsman before June 3.
In addition, at a May 12 pretrial hearing Mr. Yarbough stated that he needed
additional time to gather evidence for the upcoming compensation hearing. The Court told
Mr. Yarbough to file a written motion for a continuance so that TrueBlue could respond.
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Mr. Yarbough did not follow the Court’s instructions but instead filed his motion for an
extension too late for TrueBlue to respond before the summary judgment hearing.
Finally, TrueBlue argues that the motion should be denied because of the repeated
extensions that the Court granted Mr. Yarbough dating back to the first expedited hearing
in 2021. The day before that hearing, Mr. Yarbough requested additional time, which the
Court granted.
Here, TrueBlue’s motion for summary judgment included Mr. Yarbough’s response
deadline and a copy of the rules relating to motions for summary judgment. Also, the Court
told Mr. Yarbough to file a motion for a continuance if he required additional time to gather
evidence or respond.
Despite this, Mr. Yarbough did not seek an extension to respond to summary
judgment until the day before the hearing. His argument that he did not understand the
nature of a motion for summary judgment until June 3 is insufficient to excuse the lateness
of his motion for an extension. For these reasons, the Court denies Mr. Yarbough’s motion.
Procedural History
Mr. Yarbough alleged work-related injuries to his left hand and left side after being
electrocuted on May 22, 2019. At a 2021 expedited hearing, the Court ordered TrueBlue
to provide a panel, which it did. In 2023, the authorized treating physician placed Mr.
Yarbough at maximum medical improvement with a 0% impairment rating.
The scheduling order required the parties to disclose the written reports of all
medical experts, including C-32 forms, by March 7, 2025, and to complete the depositions
of all medical experts, including treating physicians, by April 11. Mr. Yarbough filed two
C-32 forms, which the Court excluded because they did not comply with the statute. He
did not request more time to provide medical evidence. 1
TrueBlue filed a motion for summary judgment, arguing Mr. Yarbough failed to
offer the medical evidence necessary to prove his claim. Mr. Yarbough did not respond to
the motion. Other than the motion denied above, Mr. Yarbough did not ask for more time
to respond to summary judgment.
Facts
TrueBlue filed a statement of undisputed material facts with citations to the record
under Tennessee Rules of Civil Procedure 56.03 (2024). Because Mr. Yarbough did not
respond to the statement, the facts in the statement are unrebutted.
1
TrueBlue filed a C-32 form that was also excluded, because it failed to comply with the statute.
2
The unrebutted facts are that the parties had until April 11, 2025, to complete
medical proof depositions. Mr. Yarbough did not schedule any depositions before the
deadline, and he has no admissible evidence proving that his alleged injuries primarily
arose out of his employment. Dr. Sohng testified that Mr. Yarbough’s work injury did not
primarily cause his alleged injuries.
Based on these facts, TrueBlue contends the Court should grant summary judgment
because it negated an essential element of Mr. Yarbough’s claim—causation. Also, it
argues he does not have sufficient expert proof to carry his burden to show that his injury
arose primarily out of and in the course and scope of his 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, TrueBlue must either: (1) submit affirmative evidence that
negates an essential element of Mr. Yarbough’s claim, or (2) demonstrate that his evidence
is insufficient to establish an essential element of his 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 TrueBlue meets this burden, Mr. Yarbough must then establish that the record
contains specific facts upon which the Court could base a decision in his favor. Rye, 477
S.W.3d 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. As stated above, Mr.
Yarbough has the burden of proving this element of his case.
A Supreme Court Panel 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 (Tenn. Workers’ Comp. Panel Jan. 11, 2024).
Here, Mr. Yarbough did not respond to TrueBlue’s motion or its statement of
undisputed material facts. Thus, the facts are unrebutted. That includes the facts that Dr.
Sohng testified that Mr. Yarbough’s injuries did not arise primarily from his employment
at TrueBlue, and that Mr. Yarbough did not present any medical causation opinion.
Considering the merits of TrueBlue’s motion for summary judgment, it successfully
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demonstrated that Mr. Yarbough’s evidence is insufficient to prove medical causation, an
essential element of his claim. Mr. Yarbough presented no evidence that his injury arose
primarily out of and in the course and scope of his employment.
Mr. Yarbough argues that a doctor’s letter would help him establish causation, but
even if he filed the letter before the hearing, that is not enough to allow the Court to decide
the motion in his favor. The Appeals Board noted that the list of documents to consider for
summary judgment in Rule 56.04 does not include “medical records, standing alone.”
Sadeekah v. Abdelaziz, 2021 TN Wrk. Comp. App. Bd. LEXIS 19, at *13 (June 22, 2021).
Therefore, even if Mr. Yarbough had properly responded to the discovery deadline or
motion for summary judgment by providing medical records or a doctor’s letter, they
would be insufficient to defeat summary judgment.
Thus, no genuine issue of material fact exists as to the question of causation, and
TrueBlue is entitled to summary judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. TrueBlue’s motion for summary judgment is granted, and Mr. Yarbough’s claim
against TrueBlue 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 TrueBlue under Tennessee Compilation
Rules and Regulations 0800-02-21-.06 (2023), for which execution may issue as
necessary.
4. TrueBlue shall prepare and submit the SD-2 with the Clerk within ten days of the
date this judgment becomes final.
ENTERED June 16, 2025.
________________________________________
Judge Shaterra R. Marion
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 June 16, 2025.
Name U.S. Email Service sent to:
Jerry Yarbough, X X 520 South Main Street
Employee Apt. 1001
Seattle, WA 98104
jerryyarbough@gmail.com
David Goudie, X dgoudie@morganakins.com
Employer’s Attorney
_____________________________________
Penny Shrum, Court 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.
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
ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________
ප Compensation Order filed on__________________ ප 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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