DORIS GIBBS v. EXPRESS SERVICES, INC., ET AL. - Articles

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DORIS GIBBS v. EXPRESS SERVICES, INC., ET AL.

Posted by: Tanja Trezise on Feb 12, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Doris Gibbs, Claxton, Georgia, employee-appellant, pro se.

Attorneys 2: Garett P. Franklyn, Knoxville, Tennessee, for the employer-appellee, Express Services, Inc.

Attorneys 3: Allison Lowry, Knoxville, Tennessee, for the appellee, Subsequent Injury and Vocational Recovery Fund.

Judge(s): HENSLEY

The employee alleged she injured her right leg at work and filed a petition for benefits. The Tennessee Subsequent Injury and Vocational Recovery Fund (“SIF”) was added as a party. Following the employee’s filing of a request for additional temporary disability and medical benefits, the trial court set a status conference to select the dates for an expedited hearing and the parties’ filing deadlines. The employer and SIF subsequently filed a joint motion for summary judgment asserting they had negated causation, an essential element of the employee’s claim. In their reply to the employee’s response, they additionally asserted the employee’s evidence was insufficient to establish causation. The trial court heard arguments on the summary judgment motion on the day set for the status conference and granted the motion, concluding the employer and SIF had negated causation and demonstrated that the employee’s evidence was insufficient to establish causation. The employee has appealed. We conclude the employer and SIF did not meet their summary judgment burdens, and we reverse the trial court’s grant of summary judgment and remand the case.

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