The opinion
FILED
May 09, 2023
12:34 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
TERRANCE GLENN, ) Docket No. 2022-06-0924
Employee, )
v. )
)
CONNS, INC., ) State File No. 37517-2022
Employer, )
And )
)
TRAVELERS INDEMNITY CO., ) Judge Joshua Davis Baker
Carrier. )
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
On April 24, 2023, the Court heard Conns’s Motion for Summary Judgment. It
argues Mr. Glenn’s evidence is insufficient to establish medical causation, which is an
essential element of his claim. Mr. Glenn did not timely file a written response and produce
specific facts showing a genuine issue for trial. So, the Court grants summary judgment to
Conns and dismisses this claim with prejudice.
Claim History
Mr. Glenn alleged that moving a dresser for work and a supervisor that intentionally
poisoned him with deer jerky injured both his neck and shoulder and infected his spine and
heart. He underwent surgeries to treat multiple infections. Conns denied the claim, and Mr.
Glenn filed a petition.
Conns served Mr. Glenn with Requests for Admissions, in which he was asked to
admit he has no record or written opinion from a “medical provider” stating that his
infections were “primarily or greater than 50% caused by” eating poisoned deer jerky from
his supervisor or moving the dresser. Counsel included a letter with the discovery request
that explained Mr. Glenn’s obligation under applicable rules to respond to the Requests for
Admissions within thirty days, but he did not respond.
After a dispute certification notice and hearing request, the Court entered a
scheduling order with discovery deadlines.
Conns filed this motion for summary judgment supported by a statement of
undisputed facts with citations to the records and Mr. Glenn’s medical records attached.
Conns purported that his diagnoses are undisputed; however, Mr. Glenn has no evidence
causally linking those diagnoses to his alleged work incidents.
Law and Analysis
To oppose summary judgment, a party must file a response “not later than five days
before the hearing[.]” Tenn. R. Civ. P. 56.03 (2022). Mr. Glenn did not file a timely written
response. Shortly before the hearing, he filed documentation, but he offered no explanation
as to its relevance. Further, many records were duplicative and untimely. Therefore,
Conns’s motion for summary judgment is unopposed. Tenn. Comp. R. & Regs. 0800-02-
21-.18(1)(d) (February, 2022).
Summary judgment is appropriate when “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.
Conns must do one of two things to prevail: (1) submit affirmative evidence that
negates an essential element of Mr. Glenn’s claim, or (2) demonstrate that his evidence is
insufficient to establish an essential element of his claim. Tenn. Code Ann. § 20-16-101
(2022); see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264
(Tenn. 2015).
Here, Conns demonstrated Mr. Glenn’s evidence is insufficient to show medical
causation, which is an essential element of his claim.
Proving medical causation requires an expert’s testimony to a “reasonable degree
of medical certainty” that the employment “contributed more than fifty percent (50%) in
causing the . . . need for medical treatment, considering all causes.” Tenn. Code Ann. § 50-
6-102(12)(C).
Mr. Glenn admitted he had no expert opinion or evidence causally linking the
alleged work incidents to the diagnoses and treatment documented in his medical records.
These two essential facts were admitted when he failed to respond to Conns’s admission
request. Holt v. Quality Floor Coverings, LLC, 2022 TN Wrk. Comp. App. Bd. LEXIS 19,
at *3 (May 6, 2022). With that admission, Conns demonstrated his evidence is insufficient
to prove medical causation, which is an essential element of his claim.
Since Conns met its burden, Mr. Glenn “may not rest upon the mere allegations or
denials of [his] pleading.” Rye, at 265. Rather, he must produce affidavits, pleadings,
depositions, responses to interrogatories, or admissions that set forth specific facts showing
that there is a genuine issue for trial. Tenn. R. Civ. P. 56.06. If not, “summary judgment, if
appropriate, shall be entered” against him. Id.
The Court finds summary judgment is appropriate because Mr. Glenn has not
opposed Conns’s motion with specific facts showing a genuine issue exists for trial. Rather,
he has rested solely on allegations and medical records, which are insufficient to survive
summary judgment. Thus, Conns is entitled to summary judgment as a matter of law.
IT IS ORDERED as follows:
1. Mr. Glenn’s claim for workers’ compensation benefits is dismissed with prejudice
to its refiling.
2. Unless appealed, this order shall become final thirty days after issuance.
3. The filing fee of $150.00 is taxed to Conns, Inc. under Tennessee Compilation Rules
and Regulations 0800-02-21-.07, to be paid to the Court Clerk and for which
execution might issue as necessary.
4. Conns, Inc. shall prepare and file the SD-2 with the Court Clerk within ten days of
this order becoming final.
ENTERED May 9, 2023.
______________________________________
Joshua Davis Baker, Judge
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on May 9, 2023.
Name Certified Fax Email Service sent to:
Terrance Glenn, X terrenceglenn29@gmail.com
Employee
Paul Nicks, X pnicks@travelers.com
Employer’s Attorney
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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 *
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]
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