Tony R. Hearon v. State of Tennessee

Tony R. Hearon ("Employee') allegedly developed an occupational disease during the
course and scope of his employment with the State of Tennessee ("Employer"). Employee
gave notice of his injury to Employer but his claim was denied. The denial letter advised
Employee that he must file a petition for benefit determination within ninety days or risk
dismissal of his claim. Employee filed his petition several months after the expiration of
the ninety-day period. Upon receiving a dispute certification notice dismissing his claim,
Employee filed a workers' compensation complaint in the Claims Commission, which is
the agency responsible for handling disputed claims of state workers. Employer moved for
summary judgment, asserting Employee failed to meet the ninety-day statutory deadline.
The Commissioner granted summary judgment concluding that Employee failed to timely
file his petition for benefit determination and therefore failed to exhaust the benefit review
process as required by statute. Employee appealed. The appeal was referred to the Special
Workers' Compensation Appeals Panel ("Panel") for a hearing and a report of findings of
fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the
judgment of the Commissioner.