Jennifer Kelly v. Dollar General Corporation

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated
section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and
conclusions of law. On appeal, the employee contends that the trial court erred in granting the
employer’s motion for summary judgment with regard to the employee’s back injury claim based
upon the expiration of the statute of limitations. The employee further contends that the trial court
erred in dismissing her carpal tunnel claim at the conclusion of trial after finding that the claim was untimely and that the employee failed to provide the employer with proper notice. We conclude that the trial court erred in granting summary judgment regarding the employee’s claim for her back injury because there are material issues of fact as to when the employee leaned of the nature and extent of her back injury and the relationship of the injury to her work activity. We further conclude that the employee met the statute of limitations and notice requirements with regard to her carpal tunnel injuries. Accordingly, we reverse the judgment of the trial court and remand the case to the trial court for further proceedings consistent with this opinion.