SHIRLEY SMITH v. WALBRIDGE CONSTRUCTION, ET AL.; TROY HALEY, AS ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND - Articles

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SHIRLEY SMITH v. WALBRIDGE CONSTRUCTION, ET AL.; TROY HALEY, AS ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND

Posted by: Karen Belcher on Sep 3, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Shirley Smith, Memphis, Tennessee, employee-appellant, pro se

Attorneys 2: Chancey R. Miller and Madison B. Greene, Chattanooga, Tennessee, for the employer-appellee, Walbridge Construction

Attorneys 3: Timothy Kellum, Memphis, Tennessee, for the appellee, Subsequent Injury and Vocational Recovery Fund

Judge(s): GODKIN

In this compensation appeal, the employee challenges the trial court’s order granting the employer’s motion for summary judgment. Following multiple discovery-related motions, the trial court imposed numerous sanctions on the employee due to her failure to participate in discovery. It then granted summary judgment to the employer based on its conclusion that, in response to the employer’s properly-supported motion, the employee had failed to come forward with evidence creating any genuine issue of material fact as to an essential element of her claim. The employee argues that her former attorney is to blame for the actions that resulted in sanctions and that she should be allowed to proceed with her case. Having carefully reviewed the record, we affirm the trial court’s decision and certify it as final.

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