Joann Davis v. Harwell Enterprises

This appeal involves the application of the statute of limitations in Tenn. Code Ann. _ 50-6-203(g (2)(B) (2008) to a suit for workers' compensation benefits. An employee who sustained a compensable injury and who received authorized medical treatment filed a civil action in the Chancery Court for Giles County more than one year after the last payment of medical benefits. Her employer filed a "special motion to dismiss" on the ground that the suit was time-barred. The trial court, relying on the discovery rule, denied the motion on the ground that the limitations period did not begin to run until the employee's attorney received a letter from her treating physician stating [*2] that her injury was work-related. The Tennessee Supreme Court granted the employer permission to appeal under Tenn. R. App. P. 9 and referred the appeal to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Sup. Ct. R. 51 for hearing and a report of findings of fact and conclusions of law. We have determined that the statute of limitations bars the  employee's complaint and, therefore, reverse the judgment of the trial court.