The opinion
FILED
Oct 28, 2024
01:23 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
IAN-CHANEL PAYNE, ) Docket No. 2023-05-2463
Employee, )
v. )
)
SIGNET JEWELERS, ) State File No. 860156-2023
Employer, )
And )
)
XL SPECIALTY INSURANCE, ) Judge Dale Tipps
Insurance Carrier. )
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an Expedited Hearing on October 17, 2024. The issue was whether
Ms. Payne is likely to prove at trial that her mental injury arose primarily out of her
employment, entitling her to medical and temporary disability benefits. For the reasons
below, the Court holds she did not meet this burden and denies the requested benefits.
History of Claim
Ms. Payne worked as a sales associate for Signet Jewelers. In February 2023, her
store manager, Kelly Sandlin, sent her an email with the subject line “Written warning of
unprofessional behavior.” Ms. Sandlin wrote that team members had reported statements
made by Ms. Payne that made them uncomfortable. Before her shift began on March 3,
Ms. Payne called Ms. Sandlin about the email.
Ms. Sandlin was off work that day, and she wanted to meet in person with everyone
involved in the alleged behavior, so she asked Ms. Payne not to discuss the matter with her
coworker, Storm Thomas, until they were all together. However, Ms. Payne did not follow
this instruction. Instead, she confronted Ms. Thomas when she arrived at the store, which
led to a verbal altercation.
Ms. Payne testified that Ms. Thomas yelled at her, cursed, and raised her fist. She
characterized the incident as being bullied, threatened, and insulted in front of customers
and other coworkers. She confirmed that Ms. Thomas did not actually touch her.
Ms. Sandlin testified that her regional manager called about the incident soon after
it happened and asked her to go to the store to meet with Ms. Payne and Ms. Thomas.
During that meeting, both employees again began yelling and stepped toward each other,
leading Ms. Sandlin to step between them and escort Ms. Thomas to another room.
Both employees were sent home for the rest of the day, but neither was disciplined.
Afterwards, Ms. Sandlin tried to minimize any potential conflict by scheduling them for
different shifts. No further incidents occurred, and Ms. Payne was terminated for an
unrelated reason.1
Ms. Payne admitted she had preexisting anxiety for which she treated with her
primary physician, Dr. Jian Wei. However, she testified that her anxiety increased
dramatically after the work incident, and she had to seek counseling in addition to the
medications he prescribed. She requested temporary disability benefits for missed work
and payment of her medical bills.
Signet contended that Ms. Payne was not entitled to any benefits because she was
unlikely to prove that the incident was the primary cause of her increased anxiety.
Findings of Fact and Conclusions of Law
Ms. Payne must show she is likely to prevail at a hearing on the merits. Tenn. Code
Ann. § 50-6-239(c)(6) (2024); McCord v. Advantage Human Resourcing, 2015 TN Wrk.
Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). Because she claims a mental injury
not caused by a physical trauma, she must prove it (or any aggravation of an existing
condition) arose primarily out of “an identifiable work-related event resulting in a sudden
or unusual mental stimulus.” Tenn. Code Ann. § 50-6-102(15). This stimulus must be
“fright, shock, or excessive unexpected anxiety” that is “extraordinary and unusual.”
Gatlin v. Knoxville, 822 S.W.2d 587, 592 (Tenn. 1991).
Ms. Payne presented no proof that the altercation with Ms. Thomas was the type of
sudden or unusual mental stimulus required by the statute. Instead, she described an event
that was not unexpected, since she initiated the confrontation, despite being instructed not
to. Further, arguments, even heated disputes, are not beyond the pale of common
occurrences in the workplace. Shouting, cursing, and insults are unpleasant but do not
1 The parties presented a considerable amount of evidence on the circumstances of Ms. Payne’s termination,
which might have bearing on her entitlement to temporary disability benefits. However, because of the
Court’s holding on the compensability threshold, it will not recount that proof here. The same is true of the
medical proof.
automatically qualify as an unusual mental stimulus. This may be especially true when the
employee claiming a mental injury instigates the event.
Without proof that the incident was “extraordinary and unusual,” the Court cannot
hold that Ms. Payne is likely to prove she suffered a mental injury arising primarily out of
the work-related event, as required by section 50-6-102(15).
IT IS, THEREFORE, ORDERED as follows:
1. Ms. Payne’s claim against Signet Jewelers is denied at this time.
2. This case is set for a Scheduling Hearing on January 16, 2025, at 9:00 a.m. You
must call at 855-874-0473. Failure to call might result in a determination of the
issues without your further participation. All hearings are set using Central Time.
ENTERED October 28, 2024.
_____________________________________
Judge Dale Tipps
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Wage Statement
2. Form C-32 of Dr. Jian Wei
3. Transcript of Dr. Wei’s deposition
4. Ms. Payne’s Rule 72 Declaration
5. Absence from Work note signed by Dr. Wei
6. Ms. Payne’s 2023 W-2 from Signet
7. Copies of text messages between Ms. Payne and her regional manager
8. Police case identification form
9. Summary of medical charges (identification only)
10. Counselling records from Agape (identification only)
11. March 16, 2023 progress note from Dr. Wei
12. Photographs of prescriptions
13. Copy of February 12, 2023 email from Ms. Sandlin to Ms. Payne
CERTIFICATE OF SERVICE
I certify that a copy of the Expedited Hearing Order was sent as indicated on October 28,
2024.
Name U.S. Fax Email Service sent to:
Ian Payne, X X 40 Whitsett Road
Employee Nashville, TN 37210
Chanel2001.ip@gmail.com
Gerard Jabaley, X gjabaley@wimberlylawson.com
Employer’s Attorney cc: aburge@wimberlylawson.com
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
¾ If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
¾ If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office
or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an
Affidavit of Indigency (form available on the Bureau’s website or any Bureau office)
seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency
within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing
fee or file the Affidavit of Indigency will result in dismissal of your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ
ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ܆Employer ܆Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ܆Employer ܆Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082