IN THE COURT OFWORKERS' COMPENSATION CLAIMS AT MEMPHIS TENNESSEE JANET DOBBS, Claimant,


### v. DALE-COLE TRANSPORT, INC., Respondent. ) ) DocketNo. 2015-08-0174 ) ) State File No. 41390-2015 ) ) JudgeJim Umsted ) )
ORDERGRANTING RESPONDENT'S MOTIONFOR SUMMARYJUDGMENT
THIS CAUSE came before the undersigned Workers' Compensation Judge on March 7, 2016, for a hearing on the Motion for Summary Judgment filed October 27, 2015, by the respondent, Dale-Cole Transport, Inc. (Dale-Cole). The Court conducted the hearing by telephone. Attorney Paul Peel represented Dale-Cole, and attorney Steve Taylor represented the claimant, Janet Dobbs. Based on the statements ofcounsel and the entire record, it appears to the Court that Dale-Cole's motion is well taken and should be granted. Dale-Cole asserted in its motion and supporting affidavits that it was not subject to the provisions ofthe Tennessee Workers' Compensation Law, as it did not employ five or more employees on or before the date ofMs. Dobbs' alleged accident. The attorney for Ms. Dobbs statedthathe was unable to refute this assertion. Tennessee Code Annotated section 50-6-102(13) (2015), defines an "Employer" as "any individual, firm, association or corporation
... using the services ofnot less than five (5) persons for pay." Tennessee Code Annotated section 50-6-106(5) (2015) provides "[T]his chapter shall not apply
... [i]n cases where fewer than five (5) persons are regularly employed
...." Rule 56.04 ofthe Tennessee Rules of Civil Procedure provides the "judgment sought shall be rendered forthwith ifthe 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 entitledto ajudgment as amatter oflaw." 1It is the determination ofthis Court that Dale-Cole regularly employed fewer than five persons and, accordingly, is entitled to ajudgment as a matter oflaw.
IT IS, THEREFORE, ORDERED as follows: 1. The Court grants Dale-Cole's Motion for SummaryJudgment. 2. Ms. Dobb's claim for benefits under the Tennessee Workers' Compensation Actis dismissed withprejudiceto the refiling ofthe claim. 3. The Court taxes the $150.00 filing fee in this claim to Dale-Cole, and/or its workers' compensation carrier pursuant to Rule 0800-02-21-.07 of the Mediation and Hearing Rules of the Tennessee Bureau of Workers' Compensation, for which execution may issue as necessary. Dale-Cole or its carrier shall promptly remit the filing fee to the Clerk ofthe Court ofWorkers' Compensation Claims. 4. Unless an appeal of this order is filed with the Workers' Compensation Appeals Board or the Tennessee Supreme Court, this order shall become final in thirty days. ISSUED AND FILED WITH THE COURT OF WORKERS' COMPENSATION CLAIMSONTHE7'hDAYOFMARCH,2016a-z

### ~ Judge JimUmsted Right to Appeal: Tennessee Law allows any party who disagrees with this Dismissal Order to appeal the decision to the Workers' Compensation Appeals Board. To file a Notice of Appeal, you must: 1. Complete the enclosed form entitled: "CompensationHearingNotice ofAppeal." 2. File the completed form with the Court Clerk within thirty days ofthe date the Compensation Orderwas entered by the Workers' CompensationJudge. See Tenn. Comp. R
. & Regs. 0800-02-22-.01(l)(b) (2015). 3. Serve a copy ofthe RequestForAppeal upon the opposingparty. 24. The appealing party is responsible for payment ofa filing fee in tlte amount of $75.00. Within ten calendar days after the filing of a notice of appeal, payment must be receivedby check, money order, or credit card payment. Payments can be made in person at any Bureau office or by United States mail, hand-delivery, or other delivery service. In the alternative, the appealing party may file an Affidavit ofIndigency, on a form prescribed by the Bureau, seeking a waiver ofthe filing fee. The Affidavit ofIndigency may be filed contemporaneously with the Notice ofAppeal or must be filed within ten calendar days thereafter. TheAppeals Board will consider the Affidavit ofIndigency and issue an Order granting or denying the request for a waiver of the filing fee as soon thereafter as is practicable. Failure to timely pay the filing fee or file the Affidavit of Indigency 

### in accordance with tltis section shall result in dismissal of the appeal. 5. After the Workers' Compensation Judge approves the record and the Court Clerk transmits it to the Workers' Compensation Appeals Board, the appeal will be docketed and assigned to an Appeals Board Judge for Review. At that time, a docketing notice shall be sent to the parties. Thereafter, the parties have fifteen calendar days to submit briefs to the Appeals Board for consideration. See Tenn. Comp. R. & Regs. 0800-02-22-.02(3) (2015).

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### CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was sent to the following recipients by the following methods of service on this the 7th day ofMarch, 2016.


### Name Steve Taylor, Employee's Attorney PaulC. Peel, Employer'sAttorney Certified Via Via EmailAddress Mail Fax Email X staylor@tcmfirm
.com X**~meel farris-law** .com



### PennyPatterson-Shrum, Clerk CourtofWorkers' Compensation Claims WC.CourtClerk@tn.gov

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