SHALANDA WHITE v. FEDERAL EXPRESS CORP., ET AL. - Articles

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SHALANDA WHITE v. FEDERAL EXPRESS CORP., ET AL.

Posted by: Azya Thornton on Mar 6, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Christopher L. Taylor, Memphis, Tennessee, for the employee-appellant, Shalanda White.

Attorneys 2: Stephen P. Miller and Joseph B. Baker, Memphis, Tennessee, for the employer-appellee, Federal Express Corp.

Judge(s): WEAVER

In this compensation appeal, the employee argues the trial court erred in determining she did not give sufficient notice of her alleged gradual injury. Prior to reporting a work-related injury, the employee had suffered from pain in both knees for a period of time and had received medical treatment on her own. After reporting to her physician that she had suffered an increase in symptoms while at work, her physician referred her to a specialist. After attending several appointments with a specialist and undergoing objective testing, the specialist reviewed the results of the objective testing with the employee and recommended surgery in both knees. The employee then gave written notice of her injury to her manager. The employer initially denied the claim based on a lack of evidence of medical causation. It later raised a notice defense, contending the employee knew or should have known she had a work-related injury causing permanent physical impairment more than fifteen days before she provided written notice. After a trial, the court found the employee knew or should have known she had a work-related cumulative trauma injury more than fifteen days prior to her written notice of injury and was therefore barred from receiving compensation. The employee has appealed. Upon careful consideration of the record and arguments of counsel, we reverse the trial court’s decision and remand the case.

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