The opinion
FILED
Nov 06, 2024
09:44 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
DWAINE COLEMAN, ) Docket No.: 2024-80-0970
Employee, )
)
v. )
) State File No.: 3739-2024
W.K. KELLOGG, )
Employer, )
)
And ) Judge Shaterra R. Marion
SAFETY NAT’L CAS. CORP., )
Carrier. )
)
____________________________________________________________________________
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an expedited hearing on October 28, 2024, on Mr. Coleman’s
request for benefits. The issue is whether Mr. Coleman is likely to prevail at a hearing on
the merits that his mental injury arose primarily out of and in the course and scope of his
employment. For the reasons below, the Court holds that he is not likely to prevail at a
hearing on the merits and denies his claim at this time.
History of Claim
Mr. Coleman suffered work-related shoulder injuries in 2022 and 2023 that required
rotator cuff surgery. He returned to work in late December of 2023 or early January of
2024.
Mr. Coleman worked on machines that often broke down. He sometimes resorted
to hitting the machines with a hammer to fix them.
On January 6, 2024, Mr. Coleman repaired a broken machine by hitting it with a
hammer. He testified that when he hit the machine, he suffered a panic attack, anxiety, and
high blood pressure. He had suffered anxiety and panic attacks before this alleged event,
for which he sought care from a psychologist.
Mr. Coleman argued this event was a work-related anxiety attack and requested
benefits. W.K. Kellogg argued that ordinary stress of his job caused Mr. Coleman’s anxiety
attack, making it not work-related.
Findings of Fact and Conclusions of Law
Mr. Coleman has the burden of proving he is likely to prevail at a hearing on the
merits on his claim for benefits for his alleged mental injury. 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).
A mental injury with no physical component “means a loss of mental faculties or a
mental or behavioral disorder, arising primarily out of . . . an identifiable work-related
event resulting in a sudden or unusual stimulus.” Tenn. Code Ann. § 50-6-102(15).
However, the workers’ compensation system “does not embrace every stress or strain of
daily living or every undesirable experience encountered in the duties of a contract of
employment.” Guess v. Sharp Mfg. Co. of Am., 114 S.W.3d 480, 485 (Tenn. 2003).
Tennessee courts apply a two-part test to determine if an injury caused by mental or
emotional stimulus is compensable. First, the injury must stem from “an identifiable
stressful, work-related event producing a sudden mental stimulus such as fright, shock, or
excessive unexpected anxiety.” Second, “the event must be extraordinary in comparison to
the stress ordinarily experienced by an employee in the same type of duty.” Edwards v.
Fred’s Pharmacy, 2018 TN Wrk. Comp. App. Bd. LEXIS 9, at *7 (Feb. 14, 2018).
Mr. Coleman argued that hitting the machine with a hammer resulted in a sudden
stimulus for him. His analysis uses a subjective standard that incorporates his preexisting
mental or psychological condition to explain how the stressful work event produced a
sudden and unusual stimulus for him, when it may not have for someone else. He argued
that the work incident was subjectively sudden for him and should thus meet the definition
of a mental injury under the law.
That subjective standard “is not the law in Tennessee.” Ireton v. Horizon Mental
Health Mgmt., LLC, No. E2015-00296-SC-R3-WC, 2016 Tenn. LEXIS 3, at *28 (Tenn.
Workers’ Comp. Panel Jan. 19, 2016). Rather, “our Supreme Court has mandated the
application of an objective test for this determination.” Id. at *29. An “objective standard
is required . . . even [when] medical experts have opined that the Employee suffered PTSD
stemming out of the particular event or stress.” Id. at *28-29.
In considering the evidence objectively, W.K. Kellogg’s machines broke down
regularly, and if a machine broke down in a certain way, Mr. Coleman attempted to fix it
by hitting it with a hammer. Stress related to regular machine maintenance is not
extraordinary compared to the stress ordinarily experienced by an employee in the same
type of duty. So Mr. Coleman failed to sufficiently demonstrate that “the event [was]
extraordinary in comparison to the stress ordinarily experienced by an employee in the
same type of duty.”
Therefore, the Court holds that Mr. Coleman is not likely to prevail at a hearing on
the merits for his claim at this time.
IT IS THEREFORE ORDERED as follows:
1. Mr. Coleman’s request for medical and temporary benefits is denied at this time.
2. The Court sets a status conference for December 9, 2024, at 9:30 a.m. Central
Time. The parties must call (866) 943-0014 to participate. Failure to call may result
in a determination of the issues without the party’s participation.
ENTERED November 6, 2024.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Wage Statement
2. [For identification only] – Psychologist Notes
3. Mr. Coleman’s Affidavit
4. Excerpts from Mr. Coleman’s Deposition taken July 30, 2024 – pp. 32-33
5. Excerpt from Mr. Coleman’s Deposition taken July 30, 2024 – pg. 47
6. Note from Psychologist Christopher Ferrand Visit on April 25, 2023
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was sent as indicated on November 6, 2024.
Name U.S. Email Service sent to:
Dwaine Coleman, X X 1767 Osborn Drive
Injured Worker Memphis, TN 38127
dwainecoleman75@gmail.com
Jared Renfroe, X jrenfroe@spicerfirm.com
Employer’s Attorney
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
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