Armstrong, Syvonia v. Chattanooga Billiard Club, Inc.

Tennessee Court of Workers' Comp. Claims

Armstrong, Syvonia v. Chattanooga Billiard Club, Inc.

2020 TN WC 8

CourtTennessee Court of Workers' Compensation Claims

DecidedJanuary 24, 2020

Docket2018-01-0006

StatusPublished

This text of 2020 TN WC 8 (Armstrong, Syvonia v. Chattanooga Billiard Club, Inc.) is published on Counsel Stack Legal Research, covering Tennessee Court of Workers' Compensation Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armstrong, Syvonia v. Chattanooga Billiard Club, Inc., 2020 TN WC 8 (Tenn. Super. Ct. 2020).

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Opinion

FILED Jan 24, 2020 10:44 AM(ET) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT CHATTANOOGA

Syvonia Armstrong, ) Docket No.: 2018-01-0006 Employee, ) v. ) Chattanooga Billiard Club, Inc., ) State File No.: 927-2018 Employer, ) and ) Eastern Alliance Ins. Co., ) Judge Thomas Wyatt Carrier. )

COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT

This claim came before the Court on January 23, 2020, upon remand from the Workers' Compensation Appeals Board. The Appeals Board remanded the claim for entry of "an order granting Employer's motion for summary judgment with respect to the Employee's alleged dental injuries." The Appeals Board affirmed the Court's entry of summary judgment dismissing Ms. Armstrong's claim for benefits based on alleged non- dental injuries.

In compliance with the Appeals Board's decision, the Court grants Chattanooga Billiard Club's motion for summary judgment under Tennessee Rule of Civil Procedure 56 as to Ms. Armstrong's dental injury, and it dismisses the claim with prejudice as to refiling. The Court taxes the $150 filing fee to Chattanooga Billiard Club pursuant to Tennessee Compilation Rules and Regulations 0800-02-21.06 (2019). Chattanooga Billiard Club shall pay the fee to the Clerk of the Court of Workers' Compensation Claims within five business days of the issuance of this order. Further, counsel for Chattanooga Billiard Club shall submit a completed SD-2 form within ten (10) business days of the entry ofthis order.

Absent appeal, this order will become final thirty (30) days after issuance of this order.

1 IT IS ORDERED.

ENTERED January 24, 2020.

Ju ge Thomas Wyatt Court of Workers' Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on January 24, 2020.

Name Certified First Email Service sent to: Mail Class Mail Syvonia Armstrong, Self- X X Syvoniamercedes72@gmail.com Represented Employee Pete Frech X ppfrech@mijs.com Employer's Attorney

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FILED Jan 24, 2020 10:44 AM(ET) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT CHATTANOOGA

Syvonia Armstrong, ) Docket No.: 2018-01-0006 Employee, ) v. ) Chattanooga Billiard Club, Inc., ) State File No.: 927-2018 Employer, ) and ) Eastern Alliance Ins. Co., ) Judge Thomas Wyatt Carrier. )

COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT

This claim came before the Court on January 23, 2020, upon remand from the Workers' Compensation Appeals Board. The Appeals Board remanded the claim for entry of "an order granting Employer's motion for summary judgment with respect to the Employee's alleged dental injuries." The Appeals Board affirmed the Court's entry of summary judgment dismissing Ms. Armstrong's claim for benefits based on alleged non- dental injuries.

In compliance with the Appeals Board's decision, the Court grants Chattanooga Billiard Club's motion for summary judgment under Tennessee Rule of Civil Procedure 56 as to Ms. Armstrong's dental injury, and it dismisses the claim with prejudice as to refiling. The Court taxes the $150 filing fee to Chattanooga Billiard Club pursuant to Tennessee Compilation Rules and Regulations 0800-02-21.06 (2019). Chattanooga Billiard Club shall pay the fee to the Clerk of the Court of Workers' Compensation Claims within five business days of the issuance of this order. Further, counsel for Chattanooga Billiard Club shall submit a completed SD-2 form within ten (10) business days of the entry ofthis order.

Absent appeal, this order will become final thirty (30) days after issuance of this order.

1 IT IS ORDERED.

ENTERED January 24, 2020.

Ju ge Thomas Wyatt Court of Workers' Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on January 24, 2020.

Name Certified First Email Service sent to: Mail Class Mail Syvonia Armstrong, Self- X X Syvoniamercedes72@gmail.com Represented Employee Pete Frech X ppfrech@mijs.com Employer's Attorney

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2020 TN WC 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-syvonia-v-chattanooga-billiard-club-inc-tennworkcompcl-2020.