The opinion
FILED
Jun 20, 2022
03:38 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
LAUNDELL MOSS, ) Docket No.: 2021-08-0362
Employee, )
v. )
NATIONWIDE SURPLUS, LLC, ) State File No.: 4797-2020
Employer, )
And )
TRAVELERS CASUALTY & ) Judge Deana C. Seymour
SURETY COMPANY, )
Carrier. )
____________________________________________________________________________
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
The Court heard Nationwide Surplus’s Motion for Summary Judgment on June 15,
2022. Nationwide contends Mr. Moss filed his Petition for Benefit Determination outside
the one-year statute of limitations. For the reasons below, the Court grants the motion.
Facts
Mr. Moss claimed a back injury after lifting at work on November 12, 2019.
According to Mr. Moss, he timely reported his injury to Nationwide and completed
workers’ compensation paperwork. However, he never received a panel of physicians, so
he sought treatment on his own.
Mr. Moss treated with neurosurgeon Dr. Fereidoon Parsioon, who diagnosed a
ruptured disc and performed surgery. Nationwide’s workers’ compensation carrier denied
the claim and made no payments. On April 6, 2021, Mr. Moss filed a Petition for Benefit
Determination.
Nationwide filed a Motion for Summary Judgment, along with a statement of
undisputed material facts summarized as follows:
• Mr. Moss seeks benefits arising out of an incident at work on November 12,
2019;
1
• No payments were made on the claim; and
• Mr. Moss filed his petition on April 6, 2021.
Nationwide contends it is entitled to summary judgment because Mr. Moss waited more
than one year after his alleged date of injury before filing his petition. Thus, his filing falls
outside the one-year statute of limitations.
Mr. Moss did not respond to the motion as required by Tennessee Rule of Civil
Procedure 56.03. 1
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 judgment
as a matter of law.” Tenn. R. Civ. P. 56.04 (2021).
As the moving party, Nationwide must do one of two things to prevail on its motion:
(1) submit affirmative evidence that negates an essential element of Mr. Moss’s claim, or
(2) demonstrate that his evidence is insufficient to establish an essential element of his
claim. Tenn. Code Ann. § 20-16-101 (2021); see also Rye v. Women’s Care Ctr. of
Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If Nationwide is successful in
meeting this burden, Mr. Moss must then establish that the record contains specific facts
upon which the Court could base a decision in his favor. Id. at 265.
Since Mr. Moss did not respond to Nationwide’s statement of undisputed facts, the
Court finds the facts undisputed. The issue then is whether summary judgment is
“appropriate” under Rule 56.06.
Under Tennessee Code Annotated section 50-6-203, an employee’s right to recover
compensation is forever barred unless the employee files a petition within one year after
the accident resulting in injury. Tenn. Code Ann. § 50-6-203(b)(1).
Here, the undisputed facts show that a petition was not filed until April 6, 2021,
which was more than one year from Mr. Moss’s date of injury on November 12, 2019.
Thus, Nationwide met its burden of negating an essential element of the claim – filing
within a year of the date of injury.
1
While Mr. Moss did not file a response, he did appear at the hearing and reiterated the argument he made
during his Expedited Hearing that he did not receive any medical bills, which led him to believe Nationwide
paid for his treatment. He also mentioned that he thought he had one year from either the denial, the last
payment made, or his return to work.
2
The burden shifts to Mr. Moss to show that the record contains specific facts upon
which the Court could find a factual dispute on that issue. Since Mr. Moss did not provide
these facts, the Court holds that Nationwide is entitled to summary judgment as a matter
of law.
IT IS, THEREFORE, ORDERED as follows:
1. Nationwide Surplus’s Motion for Summary Judgment is granted, and Mr. Moss’s
claim is dismissed with prejudice to its refiling.
2. Unless appealed, this order shall become final thirty days after entry.
3. The Court taxes the $150.00 filing fee to Nationwide Surplus under Tennessee
Compilation Rules and Regulations 0800-02-21-.06 (February, 2022), payable to
the Clerk within five days of this order becoming final.
4. Nationwide Surplus shall prepare and submit the SD-2 with the Clerk within ten
days of the date of judgment.
ENTERED June 20, 2022.
____________________________________
Judge Deana C. Seymour
Court of Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on June 20, 2022.
Name Certified U.S. Via Service sent to:
Mail Mail Email
Laundell Moss, X X X 3097 Waynoka Ave. #4
Employee Memphis, TN 38111
dellmossjr81@gmail.com
Paul Nicks, X pnicks@travelers.com
Employer’s Attorney
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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For notices of appeal filed on or after July 1, 2022.
Compensation Order Right to Appeal:
If you disagree with this Compensation 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 within thirty calendar days of the
date the Compensation 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 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. The
Court Clerk will prepare the technical record and exhibits for submission to the
Appeals Board, and you will receive notice once it has been submitted. 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. A licensed court reporter must prepare a
transcript, and you must file it with the Court Clerk within fifteen calendar days of
filing the Notice of Appeal. Alternatively, you may file a statement of the evidence
prepared jointly by both parties within fifteen calendar days of filing the Notice of
Appeal. The statement of the evidence must convey a complete and accurate
account of the testimony presented at 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 must 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. You
have fifteen calendar days after the date of that notice to file a brief to the Appeals
Board. See the Rules governing the Workers’ Compensation Appeals Board on the
Bureau’s website
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
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. Tenn. Code
Ann. § 50-6-239(c)(7).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
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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