Opinion

Shurina, George v. FedEx Ground

  • 2025 TN WC App. 64
Court
Tennessee Workers' Compensation Appeals Board
Filed
Dec 30, 2025
Status
Published
On the bench
Weaver, Conner, Godkin
Cited by
0 cases
Authority
More cited than 37.9%

The opinion

FILED

Dec 30, 2025

08:12 AM(CT)

TENNESSEE

WORKERS' COMPENSATION

APPEALS BOARD

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

WORKERS’ COMPENSATION APPEALS BOARD

Mary Christina Shurina, as Personal Docket No. 2021-03-0083

Representative of the Estate of Gregory

Joseph Shurina, Decedent Employee State File No. 16323-2021

v.

FedEx Ground, et al.

Appeal from the Court of Workers’

Compensation Claims

Pamela B. Johnson, Judge

Affirmed and Remanded

In this interlocutory appeal, the personal representative of the estate of the decedent

employee filed a pro se petition seeking to recover any benefits to which the estate may be

entitled following what the personal representative asserts was the decedent’s work-related

death. The parties agreed the decedent had no dependents within the meaning of the

Tennessee Workers’ Compensation Law. Following the filing of a hearing request and a

motion for protective order by the personal representative of the estate, the trial court issued

an order in which it determined that neither the personal representative of the estate nor the

estate itself can proceed with litigation in a pro se capacity. It therefore directed the estate

to hire a licensed attorney, and the personal representative has appealed the court’s order.

Having carefully reviewed relevant statutes, regulations, and binding case precedent, we

affirm the trial court’s order and remand the case.

Presiding Judge Timothy W. Conner delivered the opinion of the Appeals Board in which

Judge Pele I. Godkin and Judge Meredith B. Weaver joined.

Mary Christina Shurina, as Personal Representative of the Estate of Gregory Joseph

Shurina, decedent-employee, Lenoir City, Tennessee, petitioner-appellant, pro se

Jonathan West, Nashville, Tennessee, for the employer-appellee, FedEx Ground

1

Memorandum Opinion 1

The sole issue in this interlocutory appeal is whether the estate of a deceased worker,

through its executor, administrator, or personal representative, can litigate a case in the

Tennessee Court of Workers’ Compensation Claims and/or the Workers’ Compensation

Appeals Board without being represented by an attorney. For the following reasons, we

agree with the trial court that it cannot.

First, we note the administrator of the Bureau of Workers’ Compensation is

statutorily authorized to “promulgate rules and regulations consistent with this chapter.”

Tenn. Code Ann. § 50-6-237 (2025). Pursuant to that authority, the administrator

promulgated Rule 0800-02-21-.04, which provides, in part, that “[a]ny corporation or other

artificial person . . . must be represented by a licensed attorney in the court of workers’

compensation claims and the workers’ compensation appeals board.” Tenn. Comp. R. &

Regs. 0800-02-21-.04(1)(c) (2023). This regulation has the force and effect of law. See

Hadzic v. Averitt Express, No. 2014-02-0064, 2015 TN Wrk. Comp. App. Bd. LEXIS 14,

at *7 (Tenn. Workers’ Comp. App. Bd. May 18, 2015) (“It is well-settled that

administrative rules and regulations have the force and effect of law.”) (citing Kogan v.

Tenn. Bd. of Dentistry, No. M2003-00291-COA-R3-CV, 2003 Tenn. App. LEXIS 933, at

*17 (Tenn. Ct. App. Dec. 30, 2003)).

Second, the Tennessee Court of Appeals has addressed whether an estate and/or its

personal representatives can file a complaint on behalf of the estate in a pro se capacity. In

Grose v. Stone, No. W2023-00090-COA-R3-CV, 2024 Tenn. App. LEXIS 186 (Tenn. Ct.

App. Apr. 25, 2024), the personal representatives of an estate sought to file a wrongful

death action on behalf of the estate of the deceased person in a pro se capacity. Id. at *3.

In their complaint, the personal representatives stated they “sought with due diligence” to

retain counsel but were unable to do so. Id. They asked the court to allow the case “to

rightfully move forward in a pro se status.” Id. The trial court determined the personal

representatives of an estate could not file a complaint on behalf of any other beneficiaries

or entities, including the estate, because they were not attorneys. Id. at *12. On appeal,

the Tennessee Court of Appeals emphasized that a person who is not an attorney “may

conduct and manage the person’s own case . . . without violating the prohibition against

the unauthorized practice of law.” Id. at *25 (quoting Beard v. Branson, 528 S.W.3d 487,

495 (Tenn. 2017) (internal citation and quotation marks omitted)). Yet, the Court also

stated that “a non-attorney may not conduct litigation on behalf of an entity or another

individual, because doing so would constitute the unauthorized practice of law.” Id.

Here, because the decedent employee had no dependents as defined in Tennessee

Code Annotated section 50-6-210, the only potential means of recovery is set out in

Tennessee Code Annotated section 50-6-209, which provides, in relevant part:

1

This decision is being filed pursuant to Tenn. Comp. R. and Regs. 0800-02-22-.03(1) (2023).

2

In all cases of death of an employee covered by this chapter, and where the

employee leaves no dependents, as provided in § 50-6-210, then the lump

sum amount of twenty thousand dollars ($20,000) shall be paid to the estate

of the deceased employee.

Tenn. Code Ann. § 50-6-209(b)(2) (emphasis added). Thus, in circumstances where a

deceased employee has no dependents who could qualify for death benefits, Tennessee’s

Workers’ Compensation Law limits any potential recovery to a lump sum amount paid to

the deceased employee’s estate, not to any particular beneficiaries of that estate. In short,

a claim for the benefit provided in subsection 209(b)(2) belongs to the estate of the

deceased worker, not to the personal representatives or beneficiaries of that estate. Hence,

individual beneficiaries have no claim to pursue on their own behalf in a pro se capacity. 2

Instead, the estate, as an artificial legal entity, can pursue a claim for the lump sum payment

set out in subsection 209(b)(2), which, if successful, results in a payment directly to the

estate. Yet, as Tennessee’s appellate courts have concluded, the personal representatives

of an estate cannot pursue a claim on behalf of the estate in a pro se capacity because filing

a petition, initiating or responding to discovery, engaging in settlement negotiations, and

presenting the claim of the estate in court all require “the professional judgment of a lawyer,

and [are], therefore, the practice of law.” Old Hickory Eng’g and Mach. Co. v. Henry, 937

S.W.2d 782, 786 (Tenn. 1996) (internal citation and quotation marks omitted).

Before concluding, we acknowledge the statements of the personal representatives

indicating they have tried to retain counsel to represent the estate but have been unable to

do so. We further acknowledge the difficulties this creates for the personal representatives,

who are trying to fulfill their fiduciary duties to their son’s estate. Nevertheless, we cannot

ignore clear statutory and regulatory directives, and we are bound by precedent that

requires an artificial legal entity, such as an estate, to have legal representation in court. 3

For the foregoing reasons, we affirm the decision of the trial court and remand the

case. Costs on appeal are taxed to the estate’s personal representative.

2

Moreover, the beneficiaries of an estate and the dependents of a deceased employee are separate and

distinct categories. See Campbell v. Walker’s Crane Serv., 1984 Tenn. LEXIS 933, at *7 (Tenn. Aug. 6,

1984). By definition, persons who may share in the distribution of an estate and thus receive a portion of

the benefits described in subsection 209(b)(2) are not dependents of the deceased employee who could

qualify for death benefits under Tennessee Code Annotated section 50-6-210 and pursue a claim for such

benefits in a pro se capacity.

3

We further note that the personal representatives have asserted certain constitutional violations they

believe stem from the requirement that the estate be represented by a licensed attorney in court. However,

we have no jurisdiction to address a facial challenge to the constitutionality of a statute or regulation. See

Wigdor v. Elec. Research & Mfg. Coop., Inc., No. 2022-07-0416, 2023 TN Wrk. Comp. App. Bd. LEXIS

57, at *3 (Tenn. Workers’ Comp. App. Bd. Nov. 21, 2023).

3

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

WORKERS’ COMPENSATION APPEALS BOARD

Mary Christina Shurina, as Personal Docket No. 2021-03-0083

Representative of the Estate of Gregory

Joseph Shurina, Decedent Employee State File No. 16323-2021

v.

FedEx Ground, et al.

Appeal from the Court of Workers’

Compensation Claims

Pamela B. Johnson, Judge

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Appeals Board’s decision in the referenced case

was sent to the following recipients by the following methods of service on this the 30th day of

December, 2025.

Name Certified First Class Via Via Sent to:

Mail Mail Fax Email

Mary Christina Shurina, as Personal X knoxshu@ix.netcom.com

Representative of the Estate of Gregory knoxshu@aol.com

Joseph Shurina, Decedent Employee 8653828156@vtext.com

Jonathan M. West X jonathan.west@qpwblaw.com

jamie.glass@qpwblaw.com

Jay Hicks X james.hicks@tn.gov

Pamela B. Johnson, Judge X Via Electronic Mail

Kenneth M. Switzer, Chief Judge X Via Electronic Mail

Penny Shrum, Clerk, Court of Workers’ X penny.patterson-shrum@tn.gov

Compensation Claims

Olivia Yearwood

Clerk, Workers’ Compensation Appeals Board

220 French Landing Dr., Ste. 1-B

Nashville, TN 37243

Telephone: 615-253-1606

Electronic Mail: WCAppeals.Clerk@tn.gov

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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