Mary Christina Shurina, as Personal Representative of the Estate of Gregory Joseph Shurina, Decedent Employee v. FedEx Ground, et al.

Summary

The Tennessee Workers’ Compensation Appeals Board affirmed an order requiring the personal representative of a deceased employee’s estate to retain licensed counsel because the estate could not litigate its workers’ compensation claim pro se. The Board held that any claim for the statutory lump-sum death benefit belongs to the estate, an artificial legal entity, and remanded the case.

Holdings

1. An estate, as an artificial legal entity, may not litigate before the Tennessee Court of Workers' Compensation Claims or the Workers' Compensation Appeals Board without representation by a licensed attorney.
2. The statutory lump-sum benefit payable when a deceased employee leaves no dependents belongs to the estate, not to the personal representative or individual beneficiaries; therefore, the personal representative may not pursue that claim pro se on the estate's behalf.

Questions Presented

1. Whether an estate of a deceased worker, acting through its executor, administrator, or personal representative, may litigate before the Tennessee Court of Workers' Compensation Claims or Workers' Compensation Appeals Board without representation by a licensed attorney.
2. Whether the personal representative may pursue the statutory lump-sum death benefit available when a deceased employee leaves no dependents in a pro se capacity.

Disposition

affirmed_and_remanded