IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT MEMPHIS TENNESSEE 

JANET DOBBS, 

Claimant, 

v. 

DALE-COLE TRANSPORT, INC., 

Respondent. 

) 

) Docket No. 2015-08-0174 

) 

) State File No. 41390-2015 

) 

) Judge Jim Umsted 

) 

) 

ORDER GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT 

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 of counsel 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 of the Tennessee Workers' Compensation Law, as it did not employ five 

or more employees on or before the date of Ms. Dobbs' alleged accident. The attorney 

for Ms. Dobbs stated that he 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 of not 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 of the Tennessee Rules of Civil Procedure 

provides the "judgment sought shall be rendered forthwith 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." 

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It is the determination of this Court that Dale-Cole regularly employed fewer than 

five persons and, accordingly, is entitled to a judgment as a matter of law. 

IT IS, THEREFORE, ORDERED as follows: 

1. The Court grants Dale-Cole's Motion for Summary Judgment. 

2. Ms. Dobb's claim for benefits under the Tennessee Workers' Compensation 

Act is dismissed with prejudice to the refiling of the 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 of the Court of Workers' 

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 Jim Umsted 

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: "Compensation Hearing Notice of Appeal." 

2. File the completed form with the Court Clerk within thirty days of the date the 

Compensation Order was entered by the Workers' Compensation Judge. See Tenn. 

Comp. R. & Regs. 0800-02-22-.01(l)(b) (2015). 

3. Serve a copy of the Request For Appeal upon the opposing party. 

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4. The appealing party is responsible for payment of a filing fee in tlte amount of 

$75.00. Within ten calendar days after the filing of a notice of appeal, payment 

must be received by 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 

of Indigency, on a form prescribed by the Bureau, seeking a waiver of the filing 

fee. The Affidavit of Indigency may be filed contemporaneously with the Notice 

of Appeal or must be filed within ten calendar days thereafter. The Appeals Board 

will consider the Affidavit of Indigency 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 of March, 

2016. 

Name 

Steve Taylor, 

Employee's Attorney 

Paul C. Peel, 

Employer's Attorney 

Certified Via Via Email Address 

Mail Fax Email 

X staylor@tcmfirm.com 

X ~meel farris-law .com 

Penny Patterson-Shrum, Clerk 

Court of Workers' Compensation Claims 

WC.CourtClerk@tn.gov 

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