Article ID: 0ab5b5bbed1e3b6f8cd7392f329349d2118636627b83f1963dd73ad7d942a316
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URL: https://www.businessinsurance.com/tennessee-judge-denies-benefits-in-kroger-gradual-injury-claim/
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Tennessee judge denies benefits in Kroger gradual injury claim - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Tennessee judge denies benefits in Kroger gradual injury claim by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Mar 16, 2026 A Tennessee workers compensation judge on Friday denied benefits to a Kroger employee who alleged a gradual back injury from increased inventory duties, finding she failed to show she gave timely notice of the injury to her employer. In Toma v. The Kroger Co. , the Tennessee Court of Workers’ Compensation Claims ruled on an expedited request for benefits related to an alleged gradual injury suffered in March 2025. Mona Toma claimed that a sharp increase in inventory duties — from about 25 items daily to roughly 200 — caused worsening back pain that left her unable to work. Medical records later showed she had a disc herniation, and a physician recommended surgery. A judge found the evidence supported Ms. Toma’s claim that she suffered a new gradual injury tied to her job duties rather than a prior workplace injury from 2017. However, the court said she did not demonstrate she provided timely notice as required under Tennessee law. The judge determined that by March 20, 2025, when her physician took her off work and linked her condition to her job duties, Ms. Toma knew or should have known the injury was work-related and her obligation to notify Kroger had begun. Although she told a supervisor she was off work and experiencing back pain, the court found no evidence she reported that the condition was caused by her work duties within the required timeframe. Because she failed to show timely notice, the court ruled she had not demonstrated a likelihood of prevailing on the merits and denied the request for benefits at this stage. The judge also referred the case to the state compliance program after finding Kroger denied the claim outside the required 15-day timeframe for compensability decisions. 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