Crawford, Elsie v. Wal-Mart Associates, Inc.
2021 TN WC App. 60
Tenn. Work. Comp. App. Bd.2021Background
- Employee Elsie Crawford injured her left shoulder at work on April 9, 2018; Employer paid benefits and last made a payment on April 19, 2019.
- Employer and Employee attempted a settlement that included closure of future medical benefits; Employer filed a "petition for benefit determination (PBD) for settlement approval only," which the Bureau stamped "FILED" on September 6, 2019.
- At the September 12, 2019 settlement hearing, the trial court declined to approve the settlement because closure of future medical benefits was not in Employee’s best interests; Employer refused further offers.
- Employee filed a petition for benefit determination on October 21, 2020 (more than one year after last payment); Employer moved for summary judgment, asserting the claim was time-barred under Tenn. Code Ann. § 50-6-203(b)(2).
- Employer argued the September 6, 2019 PBD did not toll the statute because it was the wrong form, was not filed/served properly, and did not meet complaint-pleading requirements; the trial court denied summary judgment and the Appeals Board affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Sept. 6, 2019 PBD tolled the 1-year statute of limitations under Tenn. Code Ann. § 50-6-203(b)(2) | Sep. 6 PBD, filed within one year of last payment, tolled the limitations period | The settlement-approval PBD is not the statutorily sufficient PBD; it was not properly filed/served and therefore did not toll | The Appeals Board held the Sept. 6, 2019 PBD was a petition on an administrator-prescribed form filed with the Bureau and was sufficient to toll the statute; summary judgment was properly denied |
| Whether a PBD must meet Tennessee Rules of Civil Procedure pleading formalities or be filed by the employee | Statute requires only filing with the Bureau on a form prescribed by the administrator; no court-pleading formalities or employee-only filing requirement | A PBD must meet complaint-form requirements and/or be the specific PBD form (not the settlement-approval variant) to initiate/toll a claim | The Board held the statute requires filing with the Bureau on an administrator-prescribed form; court pleading formalities and service requirements cited by Employer are not required to toll the limitations period |
Key Cases Cited
- Rye v. Women's Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) (standards for summary judgment and movant burden)