# PACE, JAKOBE v. UNITED PARCEL SERVICE, INC., > Tennessee Court of Workers' Compensation Claims · May 22, 2026 · 2026 TN WC 71 URL: https://www.frixlaw.com/law-library/cases/11331889 ## Case - **Court:** Tennessee Court of Workers' Compensation Claims - **Decided:** May 22, 2026 - **Citations:** 2026 TN WC 71 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Marion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11331889 ## Opinion text FILED May 22, 2026 09:22 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT MEMPHIS JAKOBE PACE, Docket No. 2025-80-6445 Employee, v. UNITED PARCEL SERVICE, INC., State File No. 59269-2025 Employer, And LM INS. CORP., Insurer. Judge Shaterra R. Marion COMPENSATION ORDER GRANTING SUMMARY JUDGMENT UPS moved for summary judgment, asserting that Mr. Pace’s claim is barred by the statute of limitations. For the reasons below, the Court agrees and grants summary judgment. Procedural History Mr. Pace alleged work injuries to his neck and back. The injury occurred sometime between August 1 and August 29, 2024. The Court entered a partial scheduling order, and UPS filed this motion. Mr. Pace filed a response. Facts UPS filed a statement of undisputed material facts with citations to the record under Tennessee Rule of Civil Procedure 56.03 to which Mr. Pace responded. The following facts are undisputed. In the petition for benefit determination, Mr. Pace listed August 29, 2024, as his date of injury in one section and “early August (around August 1-6)” in another section. In his affidavit, Mr. Pace stated that, due to the nature of the accident, he could not identify the exact calendar date but reiterated that it happened in August 2024. UPS did not pay any benefits on this claim. Mr. Pace filed his petition for benefit determination on October 9, 2025. He argues that UPS did not officially deny his claim until September 30, 2025, after which he filed his petition. He also argues that the different dates of injury create an issue of material fact. 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, UPS must either: (1) submit affirmative evidence that negates an essential element of Mr. Pace’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); Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If UPS meets this burden, Mr. Pace must then establish that the record contains specific facts upon which the Court could base a decision in his favor. Id. at 265. When an employer has not paid workers’ compensation benefits to an employee, that employee’s claim “shall be forever barred” unless a petition for benefit determination is filed “within one (1) year after the accident resulting in injury.” Tenn. Code Ann. § 50-6-203(b)(1) (emphasis added). Here, Mr. Pace agrees that his injury occurred in “early August 2024.” Therefore, UPS demonstrated he cannot establish an essential element of his claim, which is timely filing, because he filed his petition October 9, 2025. Mr. Pace responded, but not with facts upon which the Court could base a decision in his favor. Which day in August the injury happened is immaterial where he failed to file his petition within one year of any day in that month. Further, the statute requires filing within one year of the accident, not the denial. IT IS, THEREFORE, ORDERED as follows: 1. UPS’s motion for summary judgment is granted, and Mr. Pace’s claim against UPS 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 UPS under Tennessee Compilation Rules and Regulations 0800-02-21-.06 (2026), for which execution may issue as necessary. 4. UPS shall prepare and submit the SD-2 with the Clerk within ten days of the date of judgment. ENTERED May 22, 2026. ____________________________________ JUDGE SHATERRA R. MARION Court of Workers’ Compensation Claims CERTIFICATE OF SERVICE I certify that a copy of this Order was sent on May 22, 2026. Regular Name Email Service sent to: Mail Jakobe Pace, Employee X X Kyle Cannon, kcannon@gwtclaw.com X Employer’s Attorney smarshall@gwtclaw.com ____________________________________ PENNY SHRUM, COURT CLERK 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 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] LB-1099 rev. 01/20 Page 2 of 2 RDA 11082 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11331889. Public record. Not legal advice.