Summary
This memorandum opinion from the Tennessee Workers’ Compensation Appeals Board addresses an interlocutory appeal by a pro se employee challenging a trial court’s order compelling him to attend a discovery deposition. The Appeals Board found that the employee failed to comply with prior court orders to supplement discovery responses and did not file a legally sufficient request for an expedited hearing. Consequently, the Board affirmed the trial court’s discretionary ruling, deemed the appeal frivolous, and remanded the case without awarding attorneys’ fees.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in ordering the employee to attend a discovery deposition prior to setting an expedited hearing
- Whether the employee's appeal is frivolous and warrants an award of attorney's fees
Holdings
- The trial court did not abuse its discretion; the order compelling the employee to attend a deposition is affirmed.
- The appeal is frivolous, but the board exercises discretion not to award attorney's fees.
Key quotations
“We conclude Employee’s appeal is devoid of merit and is frivolous. However, in considering the totality of the circumstances, we exercise our discretion not to award attorneys’ fees or other expenses for Employee’s frivolous appeal on this occasion.” (*11)
“A trial court’s decisions regarding pretrial discovery are discretionary, and an appellate court’s review of such a decision applies an “abuse of discretion” standard of review.” (42)
Factual background
Michael Lowe, an Alabama resident, was injured on September 17, 2022 while working for Barton Malow/The Fred Christen & Sons Company in Spring Hill, Tennessee, sustaining pelvic, leg, and shoulder fractures. He sought workers' compensation benefits. The trial court ordered him to supplement discovery responses and later to appear for a deposition.
Procedural history
Employee filed a workers' compensation claim after a fall on the employer's job site. The trial court ordered the employee to supplement discovery responses and later ordered him to attend a deposition. The employee appealed the order, alleging a due‑process violation and seeking an expedited hearing. The Appeals Board reviewed the order.
Remand instructions
Remand to the trial court to enforce its order and continue proceedings.