The Tennessee Court of Workers’ Compensation Claims denied benefits to a grocery employee who alleged a gradual back injury tied to increased job duties.
In Toma v. The Kroger Co., the court rejected an expedited request for workers’ compensation benefits filed by Mona Toma against The Kroger Co.
Toma argued that a significant increase in inventory duties during early 2025 caused progressive back pain that eventually prevented her from working. She said her daily workload rose from about 25 items to roughly 200 items during inventory tasks.
Medical records later confirmed a disc herniation. A physician recommended surgery and removed her from work duties.
The judge concluded the evidence supported Toma’s argument that the condition represented a new gradual workplace injury rather than a recurrence of a previous injury she suffered in 2017.
Even so, the court found the claim failed because the employee did not meet Tennessee’s notice requirement for workplace injuries.
The ruling stated that by March 20, 2025, when Toma’s physician connected her condition to her job duties and removed her from work, she knew or reasonably should have known the injury was work-related.
Although she informed a supervisor that she was experiencing back pain and could not work, the court determined she did not report that her condition resulted from her work duties within the legally required timeframe.
Because the employee failed to provide timely notice, the judge concluded she had not demonstrated a likelihood of success on the merits of her claim and denied the request for benefits at this stage.
The decision also flagged a procedural issue involving the employer’s response. The judge referred the matter to the state compliance program after determining that Kroger denied the claim outside the required 15-day period for compensability decisions under Tennessee workers’ compensation rules.
