SAM M. SIMNS v. THE PICTSWEET COMPANY, ET AL. - Articles

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SAM M. SIMNS v. THE PICTSWEET COMPANY, ET AL.

Posted by: Azya Thornton on Dec 16, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Sam M. Simns, Brownsville, Tennessee, employee-appellant, pro se.

Attorneys 2: Eric Lindquester, Brentwood, Tennessee, for the employer-appellee, The Pictsweet Company.

Judge(s): GODKIN

In this compensation appeal, the employee questions the trial court’s order granting the employer’s motion for summary judgment based on its finding that the employee did not file her petition for benefit determination within the applicable statute of limitations. In response to the employer’s dispositive motion, the employee asserted that a prior head injury left her incapacitated and unable to timely pursue this claim. She further alleged the employer had paid for medical treatment related to this claim after the date it identified as the last voluntary payment. Following a hearing, the court concluded the employer had negated an essential element of the employee’s claim, and the employee had presented insufficient evidence to create a genuine issue of material fact regarding the expiration of the statute of limitations. As a result, it dismissed the employee’s petition with prejudice, and the employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and certify it as final.

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