The opinion
FILED
Feb 03, 2022
03:34 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
LADONNA HOLMES, ) Docket No. 2020-08-0229
Employee, )
v. )
AMAZON.COM, ) State File No. 5700-2020
Employer, )
And )
AMERICAN ZURICH INS. CO., ) Judge Allen Phillips
Carrier. )
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
The Court held a hearing on February 1, 2022, on Amazon’s Motion for Summary
Judgment. For the following reasons, the Court grants the motion.
Facts
Amazon filed a Petition for Benefit Determination alleging that Ms. Holmes failed
to pursue a claim for benefits for a December 8, 2019 injury. The mediating specialist filed
a Dispute Certification Notice on October 29, 2021, and noted in an addendum that Ms.
Holmes did not cooperate in setting mediation.
On November 2, Amazon filed this Motion for Summary Judgment and obtained
the February 1 hearing date from the Court. Amazon provided notice of the hearing to Ms.
Holmes.
In support of its motion, Amazon filed a Statement of Undisputed facts as required
by Tennessee Rules of Civil Procedure 56.03 supported by a managerial employee
affidavit. The Court summarizes those facts as follows:
1. On December 8, 2019, Ms. Holmes instigated an altercation with a co-employee,
which resulted in their termination.
2. Amazon’s Code of Conduct prohibits altercations at work.
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3. Amazon’s Code of Conduct explained the reasons for the policy against
altercations, specifically to prevent the risk of injury or financial loss.
4. Amazon enforces its policy against altercations.
5. Ms. Holmes received a copy of the Code of Conduct when she was hired.
6. During the altercation, Ms. Holmes lost her balance and fell, leading to her
making a claim for benefits.
Based on these facts, Amazon contended it was entitled to summary judgment under
Tennessee Code Annotated section 50-6-110(a)(1) (2021), which provides no
compensation is allowed for an injury resulting from an employee’s misconduct. Amazon
cited Mitchell v. Fayetteville Pub. Util., 368 S.W.3d 442, 453 (Tenn. 2012), where the
Tennessee Supreme Court adopted the following four-part analysis for willful misconduct
and safety-rule violations:
1. The employee’s actual as opposed to constructive notice of the rule;
2. The employee’s understanding of the danger involved in violating the rule;
3. The employer’s bona fide enforcement of the rule; and
4. The employee’s lack of a valid excuse for violating the rule.
Amazon claimed it satisfied all four factors.
Ms. Holmes did not file a response to the motion and did not appear for the hearing.
Analysis
Tennessee Rules of Civil Procedure 56.02 provides that a party against whom a
claim is asserted may move for summary judgment at any time. Johnson v. Loomis
Armored, 2018 TN Wrk. Comp. App. Bd. LEXIS 60, at *9 (Nov. 21, 2018). Further, Rule
56.03 provides specific filing requirements for both parties in summary judgment cases,
and they “are not mere suggestions” but rather plain and unambiguous requirements.
Thomas v. Zipp Express, 2017 TN Wrk. Comp. App. Bd. LEXIS 22, at *11 n.4 (Mar. 15,
2017).
Specifically, as the moving party, Amazon must file a statement of undisputed
material facts with citations to the record. It did so. As the nonmoving party, Ms. Holmes
must respond to Amazon’s statement of undisputed facts, indicating either her agreement
with the facts or demonstrating how they are disputed. Tenn. R. Civ. P. 56.03. She did not.
Thus, the Court considers Amazon’s motion unopposed and whether summary judgment
is appropriate.
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
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as a matter of law.” Tenn. R. Civ. P. 56.04. To prevail, Amazon must do one of two things:
(1) submit affirmative evidence that negates an essential element of Ms. Holmes’s claim,
or (2) demonstrate that her evidence is insufficient to establish entitlement to benefits.
Tenn. Code Ann. § 20-16-101; see also Rye v. Women’s Care Ctr. of Memphis, MPLLC.,
477 S.W.3d 235, 264 (Tenn. 2015).
Amazon proved that Ms. Holmes was guilty of misconduct, it had a rule against the
misconduct, Ms. Holmes was aware of the rule and the reasons for it, and it enforced the
rule. These facts meet the requirements for a misconduct affirmative defense under
Mitchell, and Ms. Holmes filed nothing to refute them. It follows then that it has submitted
affirmative evidence to negate an essential element of Ms. Holmes’s claim, and Amazon
is entitled to summary judgment.
THEREFORE, IT IS ORDERED AS FOLLOWS:
1. The Court grants Amazon’s Motion for Summary Judgment on grounds that Ms.
Holmes engaged in misconduct under Tennessee Code Annotated section 50-6-
110 (a)(1). Her claim against Amazon is dismissed with prejudice to its refiling.
2. Unless appealed, this order shall become final in thirty days.
3. The Court assesses the $150.00 filing fee against Amazon, for which execution
might issue as necessary. Amazon shall pay the filing fee to the Clerk within five
business days of this order becoming final.
4. Amazon shall file Form SD-2 with the Clerk within five business days of this
order becoming final.
IT IS ORDERED.
ENTERED February 3, 2022.
______________________________________
JUDGE ALLEN PHILLIPS
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 February 3, 2022.
Name Certified First Class Email Service sent to:
Mail Mail
Ladonna Holmes, X X X 210 W. Jackson Ave., Apt. G10
Employee West Memphis, AR 72301
W. Troy Hart and X wth@mijs.com
Kristen C. Stevenson, kcstevenson@mijs.com
Employer’s Attorneys
Penny Shrum, Clerk of Court
Court of Workers’ Compensation Claims
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Compensation Hearing Order Right to Appeal:
If you disagree with this Compensation Hearing Order, you may appeal to the Workers’
Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’
Compensation Appeals Board, you must:
1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the
Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the
date the compensation hearing order was filed. When filing the Notice of Appeal, you
must serve a copy upon 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 of 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 bear the responsibility of ensuring a complete record on appeal. You may request
from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court
reporter must prepare a transcript and file it with the court clerk within fifteen calendar
days of the filing the Notice of Appeal. Alternatively, you may file a statement of the
evidence prepared jointly by both parties within fifteen calendar days of the filing of the
Notice of Appeal. The statement of the evidence must convey a complete and accurate
account of the hearing. The Workers’ Compensation Judge must approve the statement
of the evidence before the record is submitted to the Appeals Board. If the Appeals
Board is called upon to review testimony or other proof concerning factual matters, the
absence of a transcript or statement of the evidence can be a significant obstacle to
meaningful appellate review.
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. The appealing
party has fifteen calendar days after the date of that notice to submit a brief to the
Appeals Board. See the Practices and Procedures of the Workers’ Compensation
Appeals Board.
To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing
Order must be final and you must comply with the Tennessee Rules of Appellate
Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s
Order will become final by operation of law thirty calendar days after entry. See Tenn.
Code Ann. § 50-6-239(c)(7).
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 (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ 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 *
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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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