The opinion
FILED
Apr 25, 2024
11:44 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
WILLIAM JONES, ) Docket No.: 2022-08-0248
Employee, )
v. )
TRANSFORCE, INC., ) State File No.: 36038-2021
Employer, )
And )
ACE AMERICAN INSURANCE ) Judge Shaterra R. Marion
COMPANY, )
Carrier. )
________________________________________________________________________
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
Transforce filed a Motion for Summary Judgment. The central issue is whether Mr.
Jones can present sufficient evidence of a causal connection between his employment and
his injury, which is an essential element of his claim. For the reasons below, the Court
holds Mr. Jones did not present the necessary evidence and Transforce is entitled to
summary judgment.
Procedural History
Mr. Jones alleged he suffered a work-related injury to his back in January 2021. He
filed a Petition for Benefit Determination seeking medical, temporary disability, and
permanent disability benefits. At an expedited hearing, the Court denied Mr. Jones’s
request for benefits. Before the expedited hearing, Transforce filed this Motion for
Summary Judgment. Mr. Jones filed no response aside from filing a police report and
medical records.
Facts
Transforce filed a statement of undisputed material facts under Tennessee Rules of
Civil Procedure 56.03. Because Mr. Jones did not respond, none of the facts alleged in
Transforce’s statement was rebutted.
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The unrebutted material facts are that Mr. Jones selected Dr. Riley Jones from a
panel of physicians. Dr. Jones provided an affidavit saying that he could not state to a
reasonable degree of medical certainty that Mr. Jones’s diagnosis arose primarily out of
and in the course and scope of his employment, considering all possible causes.
Based on these facts, Transforce contends the Court should grant summary
judgment because it negated an essential element of Mr. Jones’s claim. Specifically, it
argues he does not have sufficient expert proof to establish a causal connection between
his employment and his alleged injury.
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 (2023).
As the moving party, Transforce must either: (1) submit affirmative evidence that
negates an essential element of Mr. Jones’s claim, or (2) demonstrate that his evidence is
insufficient to establish an essential element of his claim. 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).
If Transforce meets this burden, Mr. Jones must then show that the record contains
specific facts upon which the Court could base a decision in his favor. Rye, at 265. The
essential element in this case comes from Tennessee Code Annotated section 50-6-102(12),
which requires expert medical proof that the injury arose primarily out of and in the course
and scope of employment, so that the employment contributed more than 50% in causing
the injury.
Mr. Jones did not respond in writing to oppose Transforce’s motion for summary
judgment. He also did not follow the Rule 56 requirement of responding to the statement
of undisputed material facts. Therefore, the facts are undisputed.
However, the analysis does not stop here, as the Court must determine whether
under Rule 56.06 summary judgment is “appropriate.” Considering the merits of
Transforce’s motion, it successfully demonstrated that Mr. Jones’s evidence is insufficient
to prove medical causation, an essential element of his claim. Dr. Jones said that he could
not state Mr. Jones’s injury arose primarily out of and in the course and scope of his
employment.
During the hearing on the motion, Mr. Jones argues that his work accident definitely
caused his back problem. The Court finds his belief sincere, but the law requires him to
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“demonstrate the existence of specific facts in the record which could lead a rational trier
of fact to find in [his] favor[.]” Rye, at 265. Mr. Jones did not meet this burden, as he did
not identify any facts.
Thus, no genuine issue of material fact exists as to the question of causation, and
Transforce is entitled to summary judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. Transforce, Inc.’s Motion for Summary Judgment is granted, and Mr. Jones’s claim
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 Transforce, Inc. under Tennessee
Compilation Rules and Regulations 0800-02-21-.06, payable to the Clerk within
five business days.
4. Transforce, Inc. shall prepare and submit the SD-2 with the Clerk within ten days
of the date of judgment.
ENTERED April 25, 2024.
________________________________________
Judge Shaterra R. Marion
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 April 25, 2024.
Name U.S. Email Service sent to:
William Jones, X X 6764 Clarmore Drive
Employee Olive Branch, MS 38654
williamjones202322@gmail.com
Jennifer Thomas, X jdthomas@mijs.com
Employer’s Attorney inhoward@mijs.com
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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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.
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.
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 (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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