Kroger Beats Injury Claim on Technicality Despite Judge's Sympathy

Nashville Kroger employee loses workers' comp case due to missed notification deadline, even though judge believes she was injured on the job.

Mar. 15, 2026 at 7:33pm

Got story updates? Submit your updates here. ›

A Nashville Kroger employee, Mona Toma, lost her bid for workers' compensation benefits after a judge ruled that while she likely suffered a real back injury from a massive spike in her workload, she simply waited too long to officially notify her bosses that the job was to blame. The ruling highlights a brutal reality of Tennessee labor law: even if you're injured, missing a notification deadline can sink your entire case.

Why it matters

This case sheds light on the strict notification requirements in Tennessee's workers' compensation system, which can leave injured employees without benefits even when the judge believes their injury is legitimate. It raises questions about the fairness of such laws and whether they adequately protect workers.

The details

Toma testified that her daily inventory quota suddenly skyrocketed from 25 items to 200 in March 2025, causing constant bending and standing that led to a 'heaviness' and severe pressure in her spine. An MRI showed a fresh disc herniation. While the judge accepted that Toma's injury likely resulted from the increased workload, the case fell apart because Toma did not clearly notify her manager that the injury was work-related within the required 15-day window after a doctor told her to stay home.

  • On March 20, 2025, a doctor told Toma her pain was likely from the inventory work and told her to stay home.
  • On March 21, 2025, Toma texted her manager saying she was 'very tired' and had a doctor's note.
  • Kroger took nearly two months to officially deny Toma's claim after she filed her petition, violating the 15-day deadline.

The players

Mona Toma

A Nashville Kroger employee who suffered a back injury from a sudden increase in her daily inventory quota but lost her workers' compensation claim due to missing a notification deadline.

Kroger

The grocery store chain that successfully fought Toma's workers' compensation claim on a technicality, but was still referred to the state's Compliance Program for taking too long to deny the claim.

Judge Kenneth M. Switzer

The Tennessee judge who ruled against Toma's workers' compensation claim, but acknowledged that her injury was likely work-related.

Got photos? Submit your photos here. ›

What they’re saying

“The Court accepts her trial testimony that the work injury likely resulted from the increase in inventory counts.”

— Judge Kenneth M. Switzer, Tennessee Judge (tampafp.com)

What’s next

Toma may still be able to pursue her workers' compensation claim in the future, but for now she is facing her recovery and potential surgery without Kroger's help.

The takeaway

This case highlights the strict notification requirements in Tennessee's workers' compensation system, which can leave injured employees without benefits even when the injury is deemed legitimate. It raises questions about the fairness of such laws and whether they adequately protect workers' rights.