TENNESSEE BUREAU OF WORKERS' COMPENSATION
IN THE COURT OF WORKERS' COMPENSATION CLAIMS
AT NASHVILLE
Mark Tidman, ) Docket No.: 2015-06-0605
Employee, )
v. ) State File No.: 17035-2015
Frontier Logistical Services, )
Employer, ) Chief Judge Kenneth M. Switzer
And )
Federated Mutual Ins. Co., )
Carrier. )
ORDER GRANTING SUMMARY JUDGMENT
This matter came before the Court upon the Motion for Summary Judgment filed
pursuant to Rule 56 of the Tennessee Rules of Civil Procedure by the employer, Frontier
Logistical Services (Frontier). For the reasons set for the below, Frontier is entitled to
summary judgment.
Procedural History
This vigorously contested case has been the subject of extensive discovery and
motion practice. The summary below highlights only the events relative to the Motion
for Summary Judgment.
Mr. Tidman filed a Petition for Benefit Determination seeking medical and
temporary disability benefits relative to a "repetitive work injury around tankers on
August 25 2014 to September 08 2014." Frontier denied the claim. The mediating
specialist filed a Dispute Certification Notice, and Mr. Tidman ultimately filed a Request
for Expedited Hearing. Frontier filed a Motion to Dismiss the claim in its entirety
contemporaneous to a Motion to Deny the Request for Expedited Hearing. By Order
dated April27, 2016, this Court denied Mr. Tidman's Request for Expedited Hearing due
to his failure to file an accompanying affidavit under Tennessee Compilation Rules and
Regulations 0800-02-21-.14(1)(a) (2015). The same Order denied Frontier's Motion to
Dismiss.
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On May 24, 2016, Frontier filed a Motion for Summary Judgment, along with a
Memorandum of Law in support of it; a Statement of Undisputed Material Facts; a
Request for Admissions; and a copy ofRule 56, Tennessee Rules of Civil Procedure. Mr.
Tidman did not file a response. A hearing on the motion is scheduled for June 30, 2016.
Findings of Fact and Conclusions of Law
Tennessee Code Annotated 50-6-239(c)(l) (2015) provides that proceedings at all
hearings in the Court of Workers' Compensation Claims are governed by the Rules of
Civil Procedure. Motions for summary judgment are governed by Tennessee Rule of
Civil Procedure 56. Rule 56.03 requires that a motion for summary judgment "be
accompanied by a separate concise statement of the material facts as to which the moving
party contends there is no genuine issue for trial."
Rule 56.03 further requires any party opposing the motion for summary judgment
must, "not later than five days before the hearing," serve and file a response to each fact
set forth by the movant, and that such response shall be filed with the papers in
opposition to the motion for summary judgment. The nonmoving party must
"demonstrate the existence of specific facts in the record which could lead a rational trier
of fact to find in favor of the nonmoving party." Rye v. Women's Care Ctr. of Memphis,
MPLLC, 477 S.W.3d 235, 265 (Tenn. 2015).
Rule 56.06 states:
When a motion for summary judgment is made and supported as provided
in this rule, an adverse party may not rest upon the mere allegations or
denials of the adverse party's pleading, but his or her response, by
affidavits or as otherwise provided in this rule, must set forth specific facts
showing that there is a genuine issue for trial. If the adverse party does not
so respond, summary judgment, if appropriate, shall be entered against the
adverse party.
(Emphasis added). The Court of Appeals affirmed a trial court's grant of summary
judgment where the non-moving party failed to file a response. Williams v. Little, No.
M2008-02105-COA-R3-CV, 2009 Tenn. App. LEXIS 703, at *6 (Tenn. Ct. App. Oct. 20,
2009).
Here, Frontier fully complied with Rule 56's requirements with its moving papers,
including a copy of Rule 56 so that Mr. Tidman would be on notice as to its provisions
regarding how to respond and when. The hearing is scheduled for June 30, 2016.
Computing time as required under Tennessee Rule of Civil Procedure 6.01, Mr. Tidman's
response was due no later than Thursday, June 23, 2016. He failed to file a response. By
the plain language of Rule 56.06, this Court must enter judgment against him.
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IT IS, THEREFORE, ORDERED as follows:
1. Frontier's Motion for Summary Judgment is granted. Mr. Tidman's claim against
Frontier and its workers' compensation carrier for the requested workers'
compensation benefits is dismissed on the merits with prejudice to its refiling.
The June 30, 2016 summary judgment hearing is cancelled.
2. The filing fee of $150.00 for this this cause is taxed to Frontier under Rule 0800-
02-21-.07 of the Mediation and Hearing Procedures, for which execution may
Issue, as necessary.
ENTERED this the 29th day of June, 2016.
udge Kenneth M. Sw tzer
Court of Workers' Compensatio
Right to Appeal:
Tennessee Law allows any party who disagrees with this Order to appeal the
decision to the Workers' Compensation Appeals Board or the Tennessee Supreme Court.
To appeal your case to the Workers' Compensation Appeals Board, you must:
1. Complete the enclosed form entitled: "Compensation Hearing Notice of Appeal."
2. File the completed form with the Court Clerk within thirty calendar days of the
date the Workers' Compensation Judge entered the Compensation Hearing Order.
3. Serve a copy of the Compensation Hearing Notice of Appeal upon the opposing
party.
4. The appealing party is responsible for payment of a filing fee in the amount of
$75.00. Within ten calendar days after the filing of a notice of appeal, payment
must be received by check, money order, or credit card payment. Payments can be
made in person at any Bureau office or by United States mail, hand-delivery, or
other delivery service. In the alternative, the appealing party may file an Affidavit
of Indigency, on a form prescribed by the Bureau, seeking a waiver of the filing
fee. The Affidavit of Indigency may be filed contemporaneously with the Notice
of Appeal or must be filed within ten calendar days thereafter. The Appeals Board
will consider the Affidavit of Indigency and issue an Order granting or denying
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the request for a waiver of the filing fee as soon thereafter as is
practicable. Failure to timely pay the filing fee or file the Affidavit of
lndigency in accordance with this section shall result in dismissal of the
appeal.
5. The party filing the notice of appeal, having the responsibility of ensuring a
complete record on appeal, may request, from the Court Clerk, the audio recording
of the hearing for the purpose of having a transcript prepared by a licensed court
reporter and filing it with the Court Clerk within fifteen calendar days of the filing
of the Expedited Hearing Notice of Appeal. Alternatively, the party filing the
appeal may file a joint statement of the evidence within fifteen calendar days of
the filing of the Compensation Hearing Notice of Appeal. The statement of the
evidence must convey a complete and accurate account of what transpired in the
Court of Workers' Compensation Claims and must be approved by tht( workers'
compensation judge before the record is submitted to the Clerk of the Appeals
Board. See Tenn. Comp. R. & Regs. 0800-02-22-.03 (20 15).
6. After the Workers' Compensation Judge approves the record and the Court Clerk
transmits it to the Workers' Compensation Appeals Board, the appeal will be
docketed and assigned to an Appeals Board Judge f~r review. At that time, a
docketing notice shall be sent to the parties. Thereafter, the parties have fifteen
calendar days to submit briefs to the Appeals Board for consideration. See Tenn.
Comp. R. & Regs. 0800-02-22-.02(3) (2015).
To appeal your case directly to the Tennessee Supreme Court, the
Compensation Order must be final and you must comply with the Tennessee Rules
of Appellate Procedure. If neither party timely files an appeal with the Appeals
Board, this Order will become final by operation of law thirty (30) calendar days
after entry, pursuant to Tennessee Code Annotated section 50-6-239(c)(7).
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Order Granting Summary
JudgnJPl1t was sent to the following recipients by the following methods of service on this
the l!J!!:day of June, 2016.
Name Certified Via Via Service sent to:
Mail Fax Email
Mark Tidman, self- X X mark tidman@1yahoo .com
represented
D. Brett Burrow, X bburrow@burrowlee.com ;
Employer's attorney tbrasher({i).burrowlee.com
Penny Shr m, Clerk of Court
Court of , orkers' Compensation Claims
WC.CourtClerl{@tn.gov
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