1

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

SHARON PARKER, ) Docket No. 2019-08-1092

Employee, )

v. )

OZARK MOTOR LINES, INC., ) State File No. 52984-2018

Employer,

And

TRAVELERS INDEMNITY CO.,

Carrier.

)

)

)

)

Judge Amber E. Luttrell

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

This Court held a hearing on Ozark Motor Lines, Inc.’s Motion for Summary 

Judgment on September 2, 2020. Ozark argued Ms. Parker has no evidence to demonstrate 

she is entitled to an award of more than $29,202.06 in permanent partial disability benefits 

and requests that the Court grant summary judgment and award Ms. Parker those benefits 

with open future medical benefits. For the reasons below, the Court agrees and grants the 

motion.

Procedural History and Material Facts

Ms. Parker filed a Petition for Benefit Determination seeking permanent partial 

disability for a knee injury. The Dispute Certification Notice stated the parties stipulated 

the applicable weekly compensation rate is $690.65, and the only issue is the extent of 

permanent disability. 

Ozark filed this Motion for Summary Judgment with a statement of sixteen 

undisputed material facts with citations to the record in compliance with Tennessee Rules 

of Civil Procedure 56.03. Ms. Parker admitted that fourteen of those facts were 

undisputed.1

1 She objected to two statements on grounds they concerned settlement negotiations. 

FILED

Sep 03, 2020

02:18 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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The parties agreed to the following facts: Ms. Parker worked as an over-the-road 

truck driver for Ozark and injured her right knee while getting out of her truck on July 13, 

2018. Ozark provided authorized treatment with Dr. John Lochemes, who diagnosed 

meniscus tears in her knee and performed surgery. He placed her at maximum medical 

improvement on April 16, 2019, and assigned a four-percent permanent impairment to the 

body and permanent restrictions of no squatting or climbing. She underwent an 

independent medical evaluation with Dr. Apurva Dalal, at her attorney’s request, who 

agreed with the four-percent rating. 

The parties further agreed that Ms. Parker’s essential duties as an over-the-road 

truck driver required the ability to squat and climb; therefore, Ozark was unable to 

accommodate her permanent restrictions, and she did not have a meaningful return to work. 

Ms. Parker is over age forty and does not have a high school diploma. 

At her stipulated compensation rate of $690.65, the parties agreed Ms. Parker is 

entitled to an original award of $12,431.70 based on her four-percent permanent 

impairment rating. However, because she did not return to work, the parties agreed she is 

entitled to increased benefits based on the application of the 1.35 multiplier, the 1.45 

multiplier based on her education level, and the 1.2 multiplier for her age. Ms. Parker’s 

original award and increased benefits equate to $29,202.06 in permanent partial disability 

benefits.

Ozark argued the undisputed material facts demonstrated Ms. Parker is entitled to 

permanent partial disability benefits of $29,202.06 with open future medical benefits. It 

contended Ms. Parker failed to prove she is entitled to anything more based on her 

impairment rating, compensation rate, and increased benefits. 

In response to Ozark’s motion, Ms. Parker stated that she expected Drs. Lochemes 

and Dalal to testify consistently with the impairment opinions expressed in their records

but requested that the Court consider their testimony at trial. She further stated she wants 

the opportunity to testify at trial.2

Law and Analysis

In considering Ozark’s motion, summary judgment is appropriate “if the pleadings, 

depositions, answers to interrogatories, and admissions on file, together with the affidavits, 

if any, show that there is no genuine issue as to any material fact and that the moving party 

is entitled to a judgment as a matter of law.” Tenn. R. Civ. P. 56.04 (2019).

2 Ms. Parker confirmed at the hearing that she was not requesting a continuance of the hearing to allow her 

to take the depositions of Drs. Lochemes and Dalal. She asked the Court to make its decision based on the 

current record. 
3

As the moving party, Ozark must do one of two things to prevail on its motion: (1) 

submit affirmative evidence that negates an essential element of Ms. Parker’s claim, or (2) 

demonstrate that Ms. Parker’s evidence is insufficient to establish an essential element of 

her claim. Tenn. Code Ann. § 20-16-101; see also Rye v. Women’s Care Ctr. of Memphis, 

MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If Ozark meets this burden, Ms. Parker must 

then establish that the record contains specific facts upon which the Court could rule in her

favor. Rye, at 265.

Here, the Court finds Ozark met its burden by demonstrating that Ms. Parker’s 

evidence is insufficient to establish she is entitled to any award greater than permanent 

partial disability benefits of $29,202.06 under Tennessee Code Annotated section 50-6-

207(3)(A) and (B) (2019). In fact, Ms. Parker did not dispute her entitlement to those 

benefits. 

In responding to the motion, Ms. Parker did not point to any specific facts in the 

record upon which this Court could rely to award any greater permanent partial disability 

benefits. It is not enough to allege that she is not satisfied with the benefits to which she is 

entitled. Ms. Parker may not rest on mere allegations, “but her response, by affidavits or as 

otherwise provided in [the] rule, must set forth specific facts showing that there is a genuine 

issue for trial.” Tenn. R. Civ. P. 56.06. Here, the Court holds there is no genuine issue for 

trial. 

Accordingly, the Court grants Ozark’s motion. 

IT IS THEREFORE ORDERED as follows: 

1. Ms. Parker shall recover from Ozark permanent partial disability benefits in the total 

amount of $29,202.06, representing her original award and increased benefits.

2. Ms. Parker shall receive lifetime future medical benefits pursuant to statute.

3. Ms. Parker’s attorney is awarded an attorney’s fee of twenty percent to be paid from 

Ms. Parker’s award.

4. Court costs of $150.00 are assessed against Ozark under Tennessee Compilation 

Rules and Regulations 0800-02-21-.06 (August 2019), to be paid within five days 

of this order becoming final. Ozark shall file a statistical data form (SD2) within ten 

business days of the date of this order under Tennessee Code Annotated section 50-

6-244.

5. Unless appealed, this order shall become final thirty days after issuance.
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ENTERED September 3, 2020. 

_____________________________________

 JUDGE AMBER E. LUTTRELL

Court of Workers’ Compensation Claims

EXHIBITS

1. Ozark Motor Lines, Inc. Motion for Summary Judgment, Statement of 

Undisputed Facts and Memorandum in Support. 

2. Sharon Parker’s Memorandum in opposition to summary judgment and 

response to Ozark’s Statement of Undisputed Facts.

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on September 3, 2020.

Name Email Service sent to:

James Blount, IV, 

Employee’s Attorney

X jimmy@calljmb.com

James M. Simpson,

Employer’s Attorney

X jsimpson@allensummers.com

dbarnes@allensummers.com

_________________________________

 Penny Shrum, Court Clerk

wc.courtclerk@tn.gov
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

Compensation Hearing Order Right to Appeal:

If you disagree with this Compensation Hearing Order, you may appeal to the Workers’ 

Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’ 

Compensation Appeals Board, you must:

1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the 

Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the 

date the compensation hearing order was filed. When filing the Notice of Appeal, you 

must serve a copy upon the opposing party (or attorney, if represented). 

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten 

calendar days after filing of the Notice of Appeal. Payments can be made in-person at 

any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the 

alternative, you may file an Affidavit of Indigency (form available on the Bureau’s 

website or any Bureau office) seeking a waiver of the filing fee. You must file the fullycompleted Affidavit of Indigency within ten calendar days of filing the Notice of 

Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will 

result in dismissal of your appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request 

from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court 

reporter must prepare a transcript and file it with the court clerk within fifteen calendar 

days of the filing the Notice of Appeal. Alternatively, you may file a statement of the 

evidence prepared jointly by both parties within fifteen calendar days of the filing of the 

Notice of Appeal. The statement of the evidence must convey a complete and accurate 

account of the hearing. The Workers’ Compensation Judge must approve the statement 

of the evidence before the record is submitted to the Appeals Board. If the Appeals 

Board is called upon to review testimony or other proof concerning factual matters, the 

absence of a transcript or statement of the evidence can be a significant obstacle to 

meaningful appellate review.

4. After the Workers’ Compensation Judge approves the record and the court clerk transmits 

it to the Appeals Board, a docketing notice will be sent to the parties. The appealing 

party has fifteen calendar days after the date of that notice to submit a brief to the 

Appeals Board. See the Practices and Procedures of the Workers’ Compensation 

Appeals Board. 

To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing 

Order must be final and you must comply with the Tennessee Rules of Appellate 

Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s 

Order will become final by operation of law thirty calendar days after entry. See Tenn. 

Code Ann. § 50-6-239(c)(7).
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 

NOTICE OF APPEAL 

Tennessee Bureau of Workers’ Compensation

www.tn.gov/workforce/injuries-at-work/ 

wc.courtclerk@tn.gov | 1-800-332-2667 

Docket No.: ________________________

State File No.: ______________________ 

Date of Injury: _____________________ 

___________________________________________________________________________ 

Employee

v.

___________________________________________________________________________ 

Employer

Notice is given that ____________________________________________________________________ 

[List name(s) of all appealing party(ies). Use separate sheet if necessary.]

appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the 

Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date filestamped on the first page of the order(s) being appealed):

□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________

□ Compensation Order filed on__________________ □ Other Order filed on_____________________

issued by Judge _________________________________________________________________________. 

Statement of the Issues on Appeal 

Provide a short and plain statement of the issues on appeal or basis for relief on appeal: 

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Parties

Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee 

Address: ________________________________________________________ Phone: ___________________ 

Email: __________________________________________________________ 

Attorney’s Name: ______________________________________________ BPR#: _______________________ 

Attorney’s Email: ______________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082 

Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________ 

Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee 

Appellee’s Address: ______________________________________________ Phone: ____________________ 

Email: _________________________________________________________ 

Attorney’s Name: _____________________________________________ BPR#: ________________________ 

Attorney’s Email: _____________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* Attach an additional sheet for each additional Appellee *

CERTIFICATE OF SERVICE 

I, _____________________________________________________________, certify that I have forwarded a 

true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described 

in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this 

case on this the __________ day of ___________________________________, 20 ____. 

 ______________________________________________ 

[Signature of appellant or attorney for appellant]