                                                                                                FILED
                                                                                              Jan 07, 2020
                                                                                             11:07 AM(ET)
                                                                                          TENNESSEE COURT OF
                                                                                         WORKERS' COMPENSATION
                                                                                                CLAIMS




             TENNESSEE BUREAU OF WORKERS' COMPENSATION
            IN THE COURT OF WORKERS' COMPENSATION CLAIMS
                             AT KNOXVILLE

CHARLES PETTIFORD,                                 )   Docket No. 2019-06-0897
         Employee,                                 )
v.                                                 )
EXPRESS SERVICES, INC.,                            )   State File No. 28048-2018
         Employer,                                 )
And                                                )
NEW HAMPSHIRE INSURANCE                            )   Judge Pamela B. Johnson
COMPANY,                                           )
         Carrier.                                  )


        COMPENSATION ORDER GRANTING SUMMARY JUDGEMENT


       This case came before the Court on January 6, 2020. Express Services moved for
summary judgment on the basis that no genuine issue of material fact exists regarding the
timeliness of the filing of his petition, thereby entitling it to a judgment as a matter of
law. For the reasons below, the Court grants summary judgment and dismisses Mr.
Pettiford's claim with prejudice.
                            Procedural History and Material Facts

       Mr. Pettiford suffered a right-leg laceration on March 22, 2018, while working for
Express Services. On March 26, Express Services denied Mr. Pettiford's claims on an
intoxication defense and did not pay any workers' compensation benefits on his claim.
Mr. Pettiford did not seek further benefits until July 17, 2019, when he filed a Petition for
Benefit Determination (PBD).

       Following issuance of the Dispute Certification Notice, Express Services filed this
summary judgment motion on grounds that the one-year statute of limitations barred Mr.
Pettiford's claim. 1 A Statement of Undisputed Material Facts and Memorandum of Law

1
  Express Services first moved for summary judgment on October 18, 2018, before the Dispute
Certification Notice was filed. The Court denied the motion on November 1, 2019, due to lack of subject-
matter jurisdiction under Tennessee Code Annotated section 50-6-236(d)(3)(A) (2019).
accompanied the summary judgment motion. 2 Express Services argued it was entitled to
summary judgment because Mr. Pettiford failed to establish that he filed his PBD before
the statute of limitations expired. Mr. Pettiford did not file a response to the motion or
appear for arguments on the motion.

                          Findings of Fact and Conclusions of Law

        Tennessee Rule of Civil Procedure 56.04 (2019) states summary judgment is
appropriate if there is no genuine issue as to any material fact and the moving party is
entitled to judgment as a matter of law. To meet this standard, Express Services must
either submit affirmative evidence to negate an essential element of Mr. Pettiford's claim
or 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 Express Services satisfies its burden,
then Mr. Pettiford "may not rest upon the mere allegations or denials of [his] pleading"
but must respond by producing facts showing a genuine issue for trial. !d.; Tenn. R. Civ.
P. 56.06.
       Here, Mr. Pettiford failed to respond to the motion or appear for the motion
hearing. While that failure does not mandate entry of summary judgment, it does prevent
him from disputing any of the facts in Express Services's statement of material facts. See
 United Servs. Inds., Inc. v. Sloan, 1988 Tenn. App. LEXIS 592, *4 (Tenn. Ct. App. Sept.
28, 1988) ("An adverse party's failure to respond to a motion for summary judgment
does not relieve the moving party of the burden of establishing an entitlement to
judgment as a matter of law; rather, an absence of response only precludes factual
disputes.").
        Express Services established that Mr. Pettiford suffered an injury on March 22,
2018, which it denied on March 26 and paid no workers' compensation benefits. Mr.
Pettiford did not pursue benefits until he filed his PBD on July 17, 2019, more than fifteen
months after his work injury. Express Services argued Mr. Pettiford's statute of
limitations expired on March 22, 20 19.

        The Workers' Compensation Law provides that when the employer has not paid
workers' compensation benefits, the right to compensation "shall be forever barred,
unless . . . a petition for benefit determination is filed with the bureau ... within one year
after the accident resulting in injury." Tenn. Code Ann. § 50-6-203(b)(l).

       The record establishes that Mr. Pettiford suffered a work injury on March 22,
2018, but he did not file his PBD until July 17, 2019, more than one year after his injury.

2
 Counsel for Express Services sent Mr. Pettiford, who is self-represented, a copy of Tennessee Rules of
Civil Procedure 56 as required by Tennessee Compilation Rules and Regulations 0800-02-21-.18(1)(a)
(August, 20 19).

                                                  2
Having carefully reviewed the evidence in a light most favorable to Mr. Pettiford, the
Court concludes Express Services affirmatively negated an essential element of Mr.
Pettiford's claim. Accordingly, the Court holds Express Services is entitled to summary
judgment as a matter of law.

IT IS, THEREFORE, ORDERED as follows:

   1. The Court grants Express Service's motion for summary judgment and dismisses
      Mr. Pettiford's claim with prejudice to its refiling.

   2. Absent an appeal, this order shall become final in thirty days.

   3. The Court assesses the $150.00 filing fee against Express Services under
      Tennessee Compilation Rules and Regulations 0800-02-21-.06, for which
      execution may issue as necessary. Express Services shall pay the filing fee within
      five business days of the order becoming final.

   4. Express Service shall file a Statistical Data form, form SD-2, with the Court Clerk
      via email at wc.courtclerk@tn.gov within ten business days of this order becoming
      final.

ENTERED January 7, 2020.



                                    ~~   PAMELA B. JOHNSON, JUDGE
                                         Court of Workers' Compensation Claims




                                            3
                          CERTIFICATE OF SERVICE

       I certify that a copy of the Compensation Order Granting Summary Judgment was
sent as indicated on January 7, 2020.

Name                          U.S. Mail       Email   Service sent to:
Charles Pettiford,                X            X      715 Fowler Street
Self-Represented Employee                             Clinton, TN 37716
                                                      e ettiford2~aol.com
Gregory H. Fuller,                             X      ghfuller@mijs.com
Peter Frech,                                          ppfrech@mij s.com
Emplo er's Attome s




                                                 UM, Court Clerk
                                      WC.CourtClerk@tn.gov




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