The opinion
FILED
Feb 18, 2025
07:00 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT COOKEVILLE
SANDRA LANE ) Docket No.: 2022-04-0191
Employee, )
v. )
REBO LIGHTING & )
ELECTRONICS, LLC, ) State File No.: 17921-2022
Employer, )
And )
ACCIDENT FUND INS. CO. )
Insurer, ) Judge Robert Durham
And )
TROY HALEY, Administrator, )
SUBSEQUENT INJURY FUND. )
EXPEDITED HEARING ORDER DENYING BENEFITS
This Court held an Expedited Hearing on February 11, 2025, on Ms. Lane’s request
that Rebo pay benefits for injuries she allegedly sustained from particulate exposure at
work. The Court granted Rebo’s motion for dismissal because Ms. Lane did not submit a
medical opinion showing that her alleged injuries arose primarily out of her employment.
History of Claim
From December 2021 to February 2022, Rebo renovated its factory. The work
included spray-painting the walls and grinding and polishing the concrete floor. Ms. Lane,
78 years old at the time, continued working during construction. She testified to the
pervasive smell of paint fumes and accumulation of white dust over the entire factory.
Ms. Lane stated that she experienced some difficulty breathing at the plant and
informed her supervisor, who told her he had the same problem. She said that he reported
their concerns to Rebo management, who told him that the paint fumes were not toxic.
On February 6, 2022, Ms. Lane had trouble breathing, and her son took her to the
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emergency room. She said her employer was painting at the factory, and she had noticed
some shortness of breath toward the end of the week but felt fine that weekend until early
Sunday evening.
Ms. Lane was admitted to the hospital and diagnosed with an atrial heart flutter with
acute congestive heart failure and respiratory failure. She suffered from swelling in the
pleural lining of her lungs, which caused partial lung collapses. Her pulmonologist, Dr.
Jack Carey, said the lung condition was “likely all from heart failure.”
Ms. Lane was hospitalized until February 19. Other than the emergency room
admission report, none of the records mentioned her exposure to paint fumes or any other
substance at work. After discharge, she continued taking medication and treating for
“recurrent atrial flutter.”
After Ms. Lane’s discharge, she reported her condition as a work injury to Rebo.
Rebo provided a panel of physicians, and she chose Dr. Ty Webb, a general practitioner,
but did not see him for several months.
In the meantime, Ms. Lane followed up with her primary care doctor, Robert Baker,
on February 24. Dr. Baker noted her recent hospital stay and diagnosed chronic heart
failure, atrial flutter, and esophagitis. She returned three other times with the last visit
occurring in April. None of his notes attributed her symptoms to a hazardous material
exposure or even mentioned that type of event.
After seeing Dr. Baker, Ms. Lane saw cardiologist Brian Dockery on her own. Ms.
Lane said she was feeling well, and Dr. Dockery noted that she had maintained sinus
rhythm since a cardioversion in March. When Ms. Lane’s son asked if her exposure to
chemicals could have caused her heart problems, Dr. Dockery said the workplace
renovation was “somewhat temporally related” but “we cannot definitely say this was
related to her condition.”
Ms. Lane then saw Dr. Webb twice, who ultimately did not find her condition
related to work.
At the first visit, she described her injury as an “allergic reaction to paint fumes.”
Upon exam, Dr. Webb found that the acute respiratory failure and pleural effusion
diagnosed in February had “resolved.” He also noted that her atrial flutter had improved
and saw no reason she could not return to work. The note did not address causation.
Ms. Lane returned to Dr. Webb in January 2023 complaining of a slight cough, some
generalized fatigue, and some shortness of breath when climbing stairs. According to the
note, Ms. Lane’s son felt her symptoms, including the heart condition, stemmed from her
exposure at work. Dr. Webb recommended a chest x-ray and pulmonary function tests, but
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Mr. Lane told him that Ms. Lane’s own doctor had done them, so Dr. Webb decided to get
the records from him. However, Dr. Webb asserted that “[based on the ER report and
associated tests done in Feb 2022, I do NOT find evidence of causation between any type
of particulate or chemical inhalation and the onset of atrial fibrillation.” (Emphasis in
original).
Ms. Lane did not offer any other medical opinions addressing causation. She and
her son testified that she had been in good health before the exposure but she now requires
multiple medications and can no longer work.
Ms. Lane filed a complaint with the Tennessee Occupational and Safety and Health
Administration as to the safety measures Rebo had in place during construction. The
investigation revealed that the paint fumes were not a hazardous exposure to employees.
However, Rebo did not follow safety and health standards in preventing employees’
exposure to dust, including silica particles created from grinding and polishing the concrete
floor. TOSHA penalized Rebo for these violations.
At the end of Ms. Lane’s proof, Rebo moved for involuntary dismissal of Ms. Lane’s
hearing request, which the Court granted.
Findings of Fact and Conclusions of Law
Ms. Lane must prove a likelihood of prevailing at a hearing on the merits that she is
entitled to the requested benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2024).
To prove causation, Ms. Lane must establish that her symptoms and need for
treatment primarily arose out of her alleged work injury in February 2022. Id. at -
102(12)(A) (2024). Further, causation must be proven to a “reasonable degree of medical
certainty,” which requires an expert medical opinion. Id. at -102(12)(C).
Ms. Lane did not submit an expert opinion establishing causation. Other than
recording that Ms. Lane said she was exposed to paint fumes, none of the records from her
emergency room visit and hospital stay mentioned this exposure. In fact, the
pulmonologist’s records said that her difficulty breathing was “likely” due to her
congestive heart failure.
Dr. Dockery, Ms. Lane’s personal cardiologist, could only say the symptoms were
“temporally related” to her workplace exposure and could not attribute her symptoms to it.
Finally, Dr. Webb, the authorized physician, said he did not find any evidence of causation
between her exposure and her heart condition. 1 His opinion is presumed correct. Id. at -
1
When granting Rebo’s motion for dismissal, the Court misspoke as to the extent of Dr. Webb’s record
review. While he did review the hospital notes from Ms. Lane’s February stay, nothing in his records
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102(12)(E).
While TOSHA found Rebo violated safety regulations, that is not enough to find
that Ms. Lane’s condition primarily arose from the exposure. Thus, the Court holds that
Ms. Lane is unlikely to prevail at a hearing on the merits that she suffered a work-related
injury.
Rebo moved for involuntary dismissal under Rule 41.02 of the Tennessee Rules of
Civil Procedure (2024). In Carrillo v. Hurtado, TN Wrk. Comp. App. Bd. LEXIS 40, at
*9, 10 (Aug. 16, 2023), the Appeals Board held that the Court could grant a Rule 41.02
motion to dismiss but noted it applies to the expedited hearing only and does not dismiss
the claim entirely. Applying this authority, the Court grants Rebo’s motion to dismiss the
hearing request.
This case is set for a Scheduling Hearing on March 27, 2025, at 3:00 p.m. Central
Time. The parties must call 615-253-0010. Failure to appear might result in a
determination of the issues without the party’s participation.
IT IS ORDERED.
ENTERED February 18, 2025.
_____________________________________
ROBERT DURHAM, JUDGE
Court of Workers’ Compensation Claims
showed that he reviewed Dr. Dockery’s records. However, this does not change the Court’s order for
dismissal. Ms. Lane did not submit those records to Dr. Webb for review. Further, and more important,
Dr. Dockery himself could not state to a reasonable degree of medical certainty that Ms. Lane’s potential
exposure at work primarily caused her complaints, and nothing suggested the records would have changed
Dr. Webb’s causation opinion.
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Exhibits:
1. Ms. Lane’s Rule 72 Declaration
2. Form C-42 Panel of Physicians
3. TOSHA report
4. Medical records from Cookeville Regional Medical Center
5. Medical records from Dr. Ty Webb
6. Medical records from Dr. Brian Dockery
7. Medical records of Dr. Robert Baker, Jr.
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on February 18, 2025.
Name Mail Email Service sent to:
Sandra Lane X X 332 Mt. View Drive
Sparta, TN 38583
lane12014@gmail.com
Cole Stinson X cole.stinson@afgroup.com
Patrick Ruth X Patrick.Ruth@tn.gov
_____________________________________
PENNY SHRUM, Court Clerk
WC.CourtClerk@tn.gov
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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 *
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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