Opinion

RHODES, JOLICIA S. v. ALLSTATE INSURANCE COMPANY

  • 2026 TN WC 39
Court
Tennessee Court of Workers' Compensation Claims
Filed
Apr 14, 2026
Status
Published
On the bench
Lowe
Cited by
0 cases
Authority
More cited than 40.2%

The opinion

FILED

Apr 14, 2026

02:22 PM(ET)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

JOLICIA S. RHODES, Docket No. 2025-60-3095

Employee,

v.

ALLSTATE INSURANCE

COMPANY, State File No. 17421-2025

Employer,

and

ARCH INDEMNITY INSURANCE

COMPANY, Judge Lisa A. Lowe

Carrier.

COMPENSATION ORDER

Ms. Rhodes suffered an alleged mental injury while working. Allstate denied

the claim. The issue is whether Ms. Rhodes sustained a mental injury as defined by

Tennessee Code Annotated section 50-6-102(15) (2025). For the reasons below, the

Court concludes she did not sustain a mental injury as defined, denies her claim, and

dismisses the case.

Claim History

Ms. Rhodes worked as a total loss claim representative for Allstate.

In 2022, her workload increased. She asserted that Allstate promised a

promotion and pay increase but did not implement it immediately. Later, Allstate

retroactively changed her title and pay. She felt this created confusion and stress

and contributed to her mental-health decline.

Because Ms. Rhodes suffers from major depressive disorder, post-traumatic

stress syndrome, ADHD, and anxiety, she submitted a reasonable accommodation

request form. She asked for a modified workload, schedule flexibility, intermittent

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leave, and a workload adjustment after absences. Allstate did not accommodate the

request, and she believes her supervisor harassed her and made hostile remarks. Ms.

Rhodes testified that her repeated attempts to get Allstate to accommodate her

restrictions and its denial to do so caused her stress and frustration.

In early March 2024, Ms. Rhodes received a “first and final” warning. She

testified that she disproved the allegation with IT records, call logs, and emails;

however, the allegation caused her extreme stress.

Later that month, Ms. Rhodes attended a virtual meeting with Regional

Manager Alex Koziol and Supervisor Demi Risso, which she thought was to discuss

her accommodation request, communications, and workload. She said Mr. Koziol

and Ms. Risso treated it as a normal meeting and did not mention an accommodation.

She testified that they knew she was vulnerable, but they did not care about her

mental health and dismissed her conditions.

As a result, Ms. Rhodes had a breakdown, which included crying, panic

attacks, anxiety, reduced cognitive function, and difficulty sleeping. She testified

that the meeting completely changed her because she lost interest in social activities

and lost trust in herself and others. She was placed on short-term disability in April

2024 but began a new role with Allstate in August 2025.

Ms. Rhodes acknowledged that during the meeting, no one yelled at or

threatened her, no profanity or discriminatory slurs were used, she was not fired, and

corrective action was not discussed.

Ms. Rhodes’s partner, Tiffany Smith, testified that she overheard some of Ms.

Rhodes’s meetings regarding an accommodation and saw how frustrating those were

for Ms. Rhodes. She also testified that Ms. Rhodes was a completely different

person after the meeting. Previously, Ms. Rhodes handled the majority of the

household and child rearing responsibilities. However, after the meeting, Ms. Smith

had to assume those responsibilities because Ms. Rhodes was unable.

Dr. Christopher Van Schenck evaluated Ms. Rhodes and diagnosed major

depressive disorder, post-traumatic stress disorder, attention deficit hyperactive

disorder, and severe anxiety. He found that her conditions were exacerbated after

work events. Dr. Van Schenck recommended modified workload, schedule

flexibility, intermittent leave, and workload adjustments after absences. Ms. Rhodes

testified she also sought additional treatment with other mental-health providers.

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Allstate denied Ms. Rhodes’s claim in April 2025, stating the denial was based

on further review of the claim, which appeared to be normal work stress.

In May 2024, she filed a formal grievance documenting the hostile treatment,

declined accommodations, and FMLA violations. Ms. Rhodes said she has not

received an outcome statement to the grievance.

Ultimately, Ms. Rhodes underwent an evaluation with Dr. Suja Raju in

December 2025. Ms. Rhodes reported her symptom worsening coincided with

repeated workplace stressors and unresolved employment-related conflicts. The

parties deposed Dr. Raju. She testified that the March meeting caused a measurable

escalation beyond baseline and work stressors were more likely than not a major

contributing factor.

However, Dr. Raju also testified that the reason she assumed the meeting was

unusually stressful was based solely on Ms. Rhodes’s history, and no “fright” or

“shock” occurred at the meeting. She agreed the meeting was subjectively rather

than objectively stressful, but workplace feedback, performance discussions, and

workload concerns are common job experiences. Other employees in the same

meeting would not potentially feel the same way as Ms. Rhodes.

The Court granted Allstate’s motion in limine regarding Dr. Raju’s

impairment rating because she testified that she did not use the AMA Guides, 6th

Edition and had never seen the book before. Further, the rating was based on her

personal judgment, and the impairment is not permanent.

Allstate asserted that Ms. Rhodes has an extensive history of psychological

problems. It claimed that Ms. Rhodes’s mental injury is the result of a gradual

exacerbation and not a specific event. By Ms. Rhodes’s own description, the March

meeting was about workload, communication, and accommodation, which are

routine aspects of her employment. Allstate contended that Ms. Rhodes made no

allegations against Mr. Koziol and Ms. Risso of threats of violence, retaliation,

intimidation, coercive conduct, or public humiliation rising to an extreme level.

Rather, this was a routine workplace meeting.

Findings of Fact and Conclusions of Law

At the conclusion of Ms. Rhodes’s proof, Allstate moved for involuntary

dismissal. An involuntary dismissal is rarely appropriate in a workers’

compensation case because a reversal of the trial court’s ruling results in additional

3

proceedings and undue delay. Cunningham v. Shelton Sec. Serv., 46 S.W.3d 131,

137-38 (Tenn. 2001). The trial court should instead hear the entire case and make

appropriate findings of fact, and alternative findings, when necessary, for appellate

review. Id. Thus, the Court denies Allstate’s motion for involuntary dismissal.

To obtain benefits, Ms. Rhodes must prove all elements of her claim by a

preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6).

Here, Ms. Rhodes claimed a mental injury related to her employment. Section

50-6-102(15) defines mental injury as “a loss of mental faculties or a mental or

behavioral disorder, arising primarily out of a compensable physical injury or an

identifiable work-related event resulting in a sudden or unusual stimulus[.]”

(Emphasis added).

Here, Ms. Rhodes suffered from various mental-health conditions and sought

an accommodation from Allstate. The Court acknowledges that the process leading

up to her accommodations ultimately being granted was likely very frustrating. The

Court also accepts Ms. Rhodes’s and Ms. Smith’s testimony that Ms. Rhodes

suffered a breakdown after the March meeting. However, the test is whether the

meeting resulted in a sudden or unusual stimulus.

The Tennessee Supreme Court has stated:

The performance of any contract of employment . . . produces some

degree of emotional stress. Compensation, therefore, is available for

neither emotional stress, anxiety, or worry of a general nature. nor

mental injuries resulting from the accumulation of normal employment-

related activities. Rather, the stress must be extraordinary and unusual

in comparison to the stress ordinarily experienced by an employee in

the same type of duty.

Saylor v. Lakeway Trucking, Inc., 181 S.W.3d 314, 320 (Tenn. 2005) (citations and

quotations omitted).

Additionally, the trial court must use a “reasonable person” standard in

determining whether the work-related event caused a sudden or unusual stimulus.

In other words, it is not sufficient for an employee to allege that the work-related

event was “sudden or unusual” to that employee; instead, the employee must show

that the work-related event would be deemed sudden or unusual by a reasonable

employee in similar circumstances. Id. (Emphasis added).

4

Ms. Rhodes had preexisting mental conditions, and the March meeting may

have caused her to have a “mental breakdown” as she alleged. However, she

acknowledged that during the meeting no one yelled at her, threatened her harm, or

used profanity or discriminatory slurs. She additionally agreed she was not fired and

no corrective action was discussed. Further, Dr. Raju testified that no shock or fright

occurred during the meeting, which was subjectively not objectively stressful.

So, the Court finds Ms. Rhodes has not shown by a preponderance of the

evidence that the work event would be deemed sudden or unusual by a reasonable

employee in similar circumstances.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Rhodes’s claim is denied, and her case is dismissed with prejudice to its

refiling.

2. Allstate shall pay the $150.00 filing fee within five business days of entry of

this order, for which execution may issue if necessary.

3. Allstate shall file a Statistical Data Form (SD-2) within ten business days of

this order becoming final.

4. Unless appealed, this order shall become final 30 days after entry.

ENTERED April 13, 2026.

____________________________________

JUDGE LISA A. LOWE

Court of Workers’ Compensation Claims

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APPENDIX

Exhibits:

1. Affidavit of Jolicia Rhodes

2. Ms. Rhodes Chronological Timeline of Events

3. Formal Grievance Letter, May 28. 2024

4. Sedgwick Claim Documents

5. Allstate Leave and Disability Unit Documentation

6. Job Search History Journal

7. State of Tennessee Appeals Tribunal Decision of Hearing Authority

8. Medical Records of Dr. Christopher Van Schenck

9. Medical Letters of Charlie Health

10. First Report of Work Injury

11. Notice of Denial

12. Employee’s Discovery Responses

13. Dr. Raju’s Deposition Transcript

14. 2022 Performance Evaluation

Marked for identification purposes only:

14. Emails re: Job Experience

15. Emails re: Laptop Request

16. Email re: Workplace Assistance

17. Email re: Accommodation Follow-up

18. Emails re: Reassignment

19. Emails between Alex Kezoil

20. Emails re: Claim #240084826

21. Emails re: Claim #4A2312BTC620001GI ROI

22. Form C-32 of Dr. Suja Raju, with attachments

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CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as shown on April 13, 2026.

Name Email Service sent to:

Jolicia S. Rhodes, X

Employee

Allison P. King, X apking@mijs.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.

 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.

 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.

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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