STUART BURRIS v. AMAZON.COM, ET AL., AND WWL VEHICLE SERVICES AMERICAS, INC., ET AL. - Articles

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Posted by: Azya Thornton on May 12, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: William J. Butler, McMinnville, Tennessee, for the employee-appellant, Stuart Burris.

Attorneys 2: Kristen C. Stevenson and Matthew G. Wells, Knoxville, Tennessee, for the employer- appellee, Amazon.com.

Attorneys 3: Effie V. Bean Cozart, Brentwood, Tennessee, for the employer, WWL Vehicle Services Americas, Inc.

Judge(s): CONNER

After the trial court issued an order granting summary judgment to one of the employers in this consolidated action, the employee filed several notices of appeal. The first two notices of appeal, filed on the thirtieth day after the issuance of the trial court’s order, did not utilize the “notice of appeal” form prescribed and approved by the Bureau of Workers’ Compensation. The required appeal form was instead filed on the thirty-first day after issuance of the trial court’s order. Thereafter, the employer filed a motion to dismiss the appeal, asserting the employee’s notice of appeal was not timely filed. Having carefully reviewed the record, as well as the pertinent statutory and regulatory provisions, we conclude we have no subject matter jurisdiction over this appeal, dismiss as untimely the employee’s notice of appeal, and certify as final the trial court’s order granting summary judgment for purposes of further appeal.

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