KIMBERLEE THOMAS v. DURACELL-CLEVELAND, ET AL. - Articles

All Content

KIMBERLEE THOMAS v. DURACELL-CLEVELAND, ET AL.

Posted by: Tanja Trezise on Mar 11, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: Garett P. Franklyn, Knoxville, Tennessee, for the employer-appellant, Duracell-Cleveland.

Attorneys 2: Ronald J. Berke, Chattanooga, Tennessee, for the employee-appellee, Kimberlee Thomas.

Judge(s): WEAVER

In this appeal, the employer asks whether an employee can voluntarily dismiss a pending claim when the employer also filed a petition for benefit determination. The employee reported sustaining injuries while pulling a pallet jack, and the employer provided certain workers’ compensation benefits. The employer later denied medical treatment, and the employee filed a petition for benefit determination. Subsequently, the parties engaged in mediation and came to an agreement regarding certain issues, and the mediator prepared a dispute resolution statement. Several months later, the employer filed its own petition for benefit determination seeking to move the claim to resolution. When the parties were unable to fully resolve the claim, a dispute certification notice was issued. The trial court entered a scheduling order that, among other things, set a deadline for expert proof. Shortly after that deadline passed, the employee filed a notice of voluntary dismissal, to which the employer objected. Initially, the trial court denied the employee’s attempt to dismiss her case, noting that the employer had filed the petition for benefit determination. Upon reconsideration, the court noted the employee’s initial petition for benefit determination was inadvertently omitted from the trial court’s record. Because the employee had filed the initial petition, the court allowed the employee to voluntarily dismiss her claim without prejudice. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we affirm in part and vacate in part the trial court’s order and remand the case.

Attachments: