Summary
This Tennessee Workers' Compensation Appeals Board decision addresses an interlocutory appeal where the employer moved to dismiss the employee’s Petition for Benefit Determination, arguing it was filed solely to toll the statute of limitations. The Appeals Board reviewed the trial court’s denial of the motion de novo and concluded that the petition adequately alleged unresolved disputes regarding permanent disability and medical benefits. Accordingly, the Board affirmed the trial court’s order and remanded the case.
Topics
Practice areas
Questions Presented
- Whether a petition for benefit determination that states it is filed to toll the statute of limitations, but also alleges other disputed issues, may be dismissed under Tennessee Rule of Civil Procedure 12.02(6) for failure to state a claim.
Holdings
- A petition that alleges the existence of one or more unresolved disputes beyond merely tolling the statute of limitations is not subject to dismissal under Rule 12.02(6). The trial court's denial of the employer's motion to dismiss is affirmed.
Key quotations
““This is an ALL ISSUES case and there are no matters to which the parties stipulate.””
Factual background
Carol McNicholas, an employee of Whelan Security Co., reported a work‑related head injury that occurred on July 30, 2023. After receiving initial workers’ compensation benefits, she filed a petition for benefit determination on July 24, 2024, stating that the filing was to toll the statute of limitations and also identifying disputes regarding permanent disability benefits, the original award, and resulting award.
Procedural history
The employee filed a petition for benefit determination (PBD) alleging disputed issues beyond merely tolling the statute of limitations. The employer moved to dismiss the PBD under Tenn. R. Civ. P. 12.02(6). The trial court denied the motion. The employer appealed to the Workers' Compensation Appeals Board.
Remand instructions
The case is remanded to the Court of Workers' Compensation Claims for further proceedings consistent with this opinion.