                                                                                  FILED
                                                                                Mar 02, 2020
                                                                                01:21 PM(CT)
                                                                             TENNESSEE COURT OF
                                                                            WORKERS' COMPENSATION
                                                                                   CLAIMS




      TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS
        IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
                         AT MEMPHIS

TERRENCE MOORE,                              ) Docket No. 2019-08-0765
           Employee,                         )
v.                                           )
YRC, INC.,                                   ) State File No. 49951-2017
           Employer,                         )
And                                          )
OLD REPUBLIC INS. CO.,                       ) Judge Deana C. Seymour
           Carrier.                          )


 COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT


        This case came before the Court on YRC’s Motion for Summary Judgment. The
issue is whether Mr. Moore’s claim is barred by the statute of limitations. For the reasons
below, the Court holds this claim is barred and grants YRC’s motion.

                                     Claim History
       Mr. Moore suffered work-related injuries after a motor vehicle accident on July 1,
2017. YRC accepted the claim and provided medical treatment. After Mr. Moore missed
a medical appointment in April 2019, YRC filed a Petition for Benefit Determination
(PBD) on July 22. Mr. Moore’s last visit to an authorized provider occurred on May 7,
2018, and YRC made its last voluntary payment on June 11, 2018. The parties ultimately
reached a settlement. However, Mr. Moore backed out of the settlement before court
approval.
      Afterward, Mr. Moore’s attorney filed a Motion to Withdraw and a Request for
Scheduling Hearing. On December 11, the mediator filed a Dispute Certification Notice.
The Court granted Mr. Moore’s attorney’s Motion to Withdraw and set a Scheduling
Hearing, but Mr. Moore did not appear.
       By that time, YRC had filed this Motion for Summary Judgment. It also filed a
statement of undisputed facts with record citations, a supporting brief, and proof of
service to Mr. Moore with a copy of Tennessee Rules of Civil Procedure 56. The Court


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set the motion for hearing on February 27, 2020. Mr. Moore failed to respond to the
motion or appear for the hearing.

        YRC argued Mr. Moore’s claim is barred by the statute of limitations because he
failed to file a PBD within a year of YRC’s last voluntary payment.

                                    Law and Analysis

       The Court recognizes Mr. Moore has chosen to represent himself, as is his right.
However, unrepresented litigants must comply with the same standards to which
represented parties must adhere. Watson v. City of Jackson, 448 S.W.3d 919, 926 (Tenn.
Ct. App. 2014). This includes complying with the same substantive and procedural rules
that represented parties are expected to observe. Hessmer v. Hessmer, 138 S.W.3d 901,
903 (Tenn. Ct. App. 2003). Here, Mr. Moore did not respond to YRC’s motion as
required by Tennessee Rules of Civil Procedure 56.03. Thus, the Court considers YRC’s
motion and statement of material facts unopposed.

        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 (2019). As the moving party, YRC
must do one of two things to prevail on its motion: (1) submit affirmative evidence that
negates an essential element of the Mr. Moore’s claim, or (2) demonstrate that Mr.
Moore’s evidence is insufficient to establish an essential element of his claim. Tenn.
Code Ann. § 20-16-101 (2019); see also Rye v. Women’s Care Ctr. of Memphis, MPLLC,
477 S.W.3d 235, 264 (Tenn. 2015). If YRC is successful in meeting this burden, Mr.
Moore must then establish that the record contains specific facts upon which the Court
could base a decision in his favor. Id. at 265.

      The essential element at issue comes from Tennessee Code Annotated section 50-
6-203(b)(2), which provides:

       In instances when the employer has voluntarily paid workers’
       compensation benefits, within one (1) year following the accident resulting
       in injury, the right to compensation is forever barred, unless a petition for
       benefit determination is filed . . . within one (1) year from . . . time the
       employer ceased to make payments of compensation to or on behalf of the
       employee.

According to Tennessee Code Annotated section 50-6-203(c), “the issuing date of the last
payment of compensation by the employer, not the date of its receipt, shall constitute the
time the employer ceased making payments.”


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        The undisputed facts conclusively demonstrate that a PBD was not filed until July
22, 2019, which is more than one year from YRC’s last payment of compensation on
June 11, 2018. Thus, YRC met its burden of negating an essential element of the claim.
The burden shifts to Mr. Moore to show that the record contains specific facts upon
which the Court could find in his favor. Since Mr. Moore did not respond to the motion
or provide any additional evidence, the Court is without proof of any applicable
exceptions. Mr. Moore failed to provide any evidence establishing this essential element
of his claim. Thus, the Court holds that YRC is entitled to summary judgment as a matter
of law.
IT IS, THEREFORE, ORDERED as follows:

   1. YRC’s Motion for Summary Judgment is granted, and Mr. Moore’s claim is
      dismissed with prejudice to its refiling.

   2. Absent appeal, this order shall become final thirty days after entry.

   3. The Court taxes the $150.00 filing fee to YRC under Tennessee Compilation
      Rules and Regulations 0800-02-21-.06 (2019) payable to the Clerk within five
      days of this order becoming final.

   4. YRC shall prepare and submit the SD-2 with the Clerk within ten days of the date
      of judgment.

      ENTERED March 2, 2020.



                                          ______________________________________
                                          Judge Deana C. Seymour
                                          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 March 2, 2020.

Name                      Certified    Via     Service Sent To
                           Mail       Email
Terrence Moore,              X                 4450 Sunny Slope Drive
Employee                                       Memphis, TN 38141
Stephen K. Heard,                       X      skheard@cclawtn.com
Employer’s Attorney



                                      ______________________________________
                                      Penny Shrum, Court Clerk
                                      Court of Workers’ Compensation Claims
                                      WC.CourtClerk@tn.gov




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