PAMELA STANSBURY v. FEDERAL EXPRESS CORP., ET AL. AND TROY HALEY, ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND - Articles

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PAMELA STANSBURY v. FEDERAL EXPRESS CORP., ET AL. AND TROY HALEY, ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND

Posted by: Azya Thornton on Sep 9, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Pamela Stansbury, Memphis, Tennessee, employee-appellant, pro se.

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

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

Judge(s): CONNER

This appeal questions whether the trial court properly granted the employer’s motion to dismiss the employee’s second petition for benefit determination on the basis that the petition was not timely re-filed. Following the filing of her initial petition, the employee asked for a voluntary dismissal of her case, and the trial court entered an order dismissing it without prejudice. Thereafter, the employee did not re-file a new petition for over three years. She asserts she was ill or incapacitated during the time she was required to re-file her case and that equitable tolling of the statute of limitations is appropriate. The employer argues that she waived this argument by failing to raise it in the trial court and that she presented no evidence of incapacity. Having carefully reviewed the record, we affirm the trial court’s dismissal of the case with prejudice and certify it as final.

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