The opinion
FILED
May 04, 2026
11:18 AM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
FREDERICK WHITSON, Docket No. 2025-60-6965
Employee,
v.
EXPRESS EMPLOYMENT State File No. 57130-2024
PROFESSIONALS,
Employer,
And Judge Audrey Headrick
AIU INSURANCE COMPANY,
Carrier.
And
TROY HALEY, Administrator,
Subsequent Injury and Vocational
Recovery Fund.
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
On May 1, 2026, the Court heard Express Employment’s motion for summary
judgment. Because an affidavit demonstrates Mr. Whitson’s evidence is insufficient
to satisfy the statute of limitations and negates an essential element of the timely
filing of his claim, summary judgment is appropriate and is granted.
Claim History
On August 13, 2024, Mr. Whitson felt light-headed, lost consciousness, and
fell, sustaining left shoulder and wrist injuries. Express Employment initially
authorized treatment but denied the claim a week later, asserting his diabetes caused
his collapse. Mr. Whitson filed a petition October 29, 2025, seeking benefits.
1
After entry of a scheduling order, Express Employment moved for summary
judgment, arguing that the claim is time-barred. In support of its motion, a claims
adjuster’s affidavit confirmed that Express Employment’s last voluntary payment
for benefits occurred on September 23, 2024.
Mr. Whitson did not appear for the motion hearing or file a response.
Findings of Fact and Conclusions of Law
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 (2025).
As the moving party, Express Employment must either: (1) submit affirmative
evidence that negates an essential element of Mr. Whitson’s claim, or (2)
demonstrate that his evidence is insufficient to establish an essential element of his
claim. Tenn. Code Ann. § 20-16-101 (2025); see also Rye v. Women’s Care Ctr. of
Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If Express Employment
meets this burden, Mr. Whitson must produce specific facts showing a genuine issue
for trial. Rye, at 265.
Express Employment argued summary judgment is appropriate because it
demonstrated that Mr. Whitson failed to file a petition timely, so his claim is time-
barred. Tennessee Code Annotated section 50-6-203(b)(2) governs the time within
which a petition must be filed when an employer has provided benefits voluntarily,
as in this case. Specifically, within one year after the work accident, the right to
compensation is forever barred unless a petition is filed within one year from the
time the employer “ceased to make payments of compensation to or on behalf of the
employee.”
Here, the undisputed facts show that Express Employment last paid benefits
on September 23, 2024, but Mr. Whitson did not file his petition until October 29,
2025. Therefore, Express Employment negated an essential element of his claim,
and it also demonstrated that his evidence is insufficient to establish an essential
element of his claim. Express Employment’s motion for summary judgment is
granted.
IT IS, THEREFORE, ORDERED as follows:
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1. Mr. Whitson’s claim for workers’ compensation benefits is dismissed with
prejudice to its refiling. Unless appealed, this order shall become final in 30
days.
2. Express Employment shall pay the $150.00 filing fee to the Clerk within five
business days after this order becomes final under Tennessee Compilation
Rules and Regulations 0800-02-21-.06.
3. Express Employment shall file the Form SD-2 with the Clerk within ten
business days of this order becoming final.
ENTERED May 4, 2026.
JUDGE AUDREY HEADRICK
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on May 4, 2026.
Name Mail Email Service sent to:
Frederick D. Whitson, X
Employee
Chris Rowe, X cgrowe@mijs.com
Employer’s Attorney
Robert Davies, X robert.davies@tn.gov
Fund Attorney
____________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
3
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