The opinion
FILED
Jun 05, 2024
11:57 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
TOMMIE ELLIS, ) Docket No.: 2023-08-2361
Employee, )
v. )
FEDERAL EXPRESS CORP., )
Employer, )
And )
INDEMNITY INSURANCE CO. OF ) State File No.: 35561-2023
NORTH AMERICA, )
Carrier, )
And )
TROY HALEY, as ADMINISTRATOR of )
the BUREAU OF WORKERS’ )
COMPENSATION, SUBSEQUENT INJURY ) Judge Shaterra R. Marion
AND VOCATIONAL RECOVERY FUND. )
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
Federal Express filed a Motion for Summary Judgment. The central issue is whether
Mr. Ellis can present sufficient evidence to establish issues of material fact as to whether
he sustained an injury within the course and scope of his employment. For the reasons
below, the Court holds Mr. Ellis did not present the necessary evidence and Federal
Express is entitled to summary judgment.
Procedural History
Mr. Ellis filed a petition for benefit determination alleging he suffered a work-
related injury on August 27, 2022. He later moved to amend his petition to change the date
of injury to March 23, 2021, due to his error. That motion was not made until after the
statute of limitations had run. Tennessee Courts have held that these amendments must be
brought within the statute of limitations, so Mr. Ellis’s motion to amend his petition was
denied. Energy Sav. Prods. Inc. v. Carney, 737 S.W.2D 782 (Tenn. Ct. App. 1987).
Federal Express filed this Motion for Summary Judgment, and Mr. Ellis filed no
response. The Court held a hearing on June 3, 2024, and Mr. Ellis did not attend.
Facts
Federal Express filed a statement of undisputed material facts with citations to the
record under Tennessee Rules of Civil Procedure 56.03. Because Mr. Ellis did not respond,
he did not rebut any of the facts.
The unrebutted material facts are that Mr. Ellis alleged that a work injury occurred
on March 23, 2021. However, he filed a petition for benefit determination that alleged the
injury occurred on August 27, 2022. Further, Federal Express agreed that Mr. Ellis did not
sustain an injury while working at Federal Express on August 27, 2022.
Based on these facts, Federal Express contends the Court should grant summary
judgment because it negated an essential element of Mr. Ellis’s claim. Specifically, it
argues he does not have sufficient proof to establish that an injury occurred within the
course and scope of his employment on August 27, 2022.
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, Federal Express must either: (1) submit affirmative evidence
that negates an essential element of Mr. Ellis’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 Federal Express meets this burden, Mr. Ellis must then establish that the record
contains specific facts upon which the Court could base a decision in his favor. Rye, at 265.
The essential element at issue in this case comes from Tennessee Code Annotated section
50-6-102(12), which requires proof that the injury arose primarily out of and in the course
and scope of employment.
Under the unrebutted facts, Mr. Ellis did not sustain an injury on August 27, 2022,
within the course and scope of his employment. As a result, the Court finds Federal Express
successfully demonstrated that Mr. Ellis’s evidence is insufficient to prove an injury arose
primarily out of and in the course and scope of employment on the alleged date of injury,
an essential element of his claim.
Thus, no genuine issue of material fact exists as to whether an injury occurred, and
the Court holds Federal Express is entitled to summary judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. Federal Express’s Motion for Summary Judgment is granted, and Mr. Ellis’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 Federal Express under Tennessee
Compilation Rules and Regulations 0800-02-21-.06, payable to the Clerk within
five business days.
4. Federal Express shall prepare and submit the SD-2 with the Clerk within ten days
of the date of the judgment becoming final.
ENTERED June 5, 2024.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on June 5, 2024.
Name Regular Email Sent to
Tommie Ellis, X 6620 Robertson Gin
Employee Hernando, MS
38632
Joseph Baker, X jbaker@mckuhn.com
Employer’s Attorney mdoherty@mckuhn.com
Timothy Kellum, X timothy.kellum@tn.gov
Subsequent Injury Fund
_______________________________________
Penny Shrum
Clerk, Court of Workers’ Compensation Claims
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.
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 *
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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