Michael S. Phillips v. Western Express Inc., et al. - Articles

All Content

Michael S. Phillips v. Western Express Inc., et al.

Posted by: Julia Wilburn on Aug 30, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: Michael S. Phillips, Oklahoma City, Oklahoma, employee-appellant, pro se

Attorneys 2: D. Andrew Saulters, Nashville, Tennessee, for the employer-appellee, Western Express Inc.

Judge(s): CONNOR

The employee appeals the trial court’s order granting summary judgment in favor of the employer and dismissing the case. The employee, a resident of Oklahoma, reported two work-related injuries occurring in 2020 while he was employed by a trucking company based in Tennessee. The employee received medical treatment and retained an attorney in Oklahoma, who filed a First Notice of Claim for Compensation with the Oklahoma Workers’ Compensation Commission in December 2020. Subsequently, the employee’s Oklahoma claim was dismissed with prejudice in January 2022 because he did “not demonstrate an intent to pursue this claim.” In the meantime, the employee, acting in a self-represented capacity, filed petitions with the Tennessee Bureau of Workers’ Compensation in July 2021, March 2022, and May 2023. After a period of discovery, the employer filed a motion for summary judgment based on Tennessee’s election of remedies doctrine. After a hearing, the trial court granted summary judgment in favor of the employer, and the employee appealed. Upon careful consideration of the record, we affirm the trial court’s order and certify it as final.

Attachments: