Summary
The Tennessee Workers' Compensation Appeals Board dismissed an appeal filed by a pro se employee after she submitted her notice of appeal in Spanish despite explicit instructions to file it in English. Having been provided resources for translation and failing to submit any further documents or legal arguments, the Board found the appeal fatally inadequate and waived. The case was remanded to the trial court with costs taxed to the employee.
Topics
Practice areas
Questions Presented
- Whether an appeal must be dismissed when the appellant fails to file a notice of appeal in English and provides no substantive argument.
Holdings
- The appeal is dismissed and the case remanded because the appellant failed to file a proper English notice of appeal and offered no argument, thereby waiving the issues.
Key quotations
“Accordingly, due to the fatal inadequacies in Employee’s appeal and due to her failure to take any necessary action to prosecute her appeal, we dismiss the appeal. The case is remanded to the trial court.”
Factual background
Matea Sanchez Galindo suffered a head injury on Dec. 7, 2021 while employed by La‑Z‑Boy, Inc. The employer initially paid workers’ compensation benefits but later terminated them after a medical opinion concluded the injury was not work‑related. The employee sought a continuance of a summary‑judgment hearing scheduled for Dec. 30, 2024, but the trial court denied her motion. She filed an appeal notice in Spanish and did not provide an English translation or any briefing.
Procedural history
The employee injured her head on Dec. 7, 2021 while working for La‑Z‑Boy. After initial benefits were terminated, she sought a continuance of a scheduled summary‑judgment hearing. She filed a notice of appeal in Spanish and, after instruction, failed to provide an English translation or any briefing. The Appeals Board dismissed the appeal and remanded.
Remand instructions
The case is remanded to the trial court.