Opinion

WHITE, SHALANDA v. FEDERAL EXPRESS CORP.

  • 2025 TN WC 18
Court
Tennessee Court of Workers' Compensation Claims
Filed
Apr 10, 2025
Status
Published
On the bench
Marion
Cited by
0 cases
Authority
More cited than 34.8%

The opinion

FILED

Apr 10, 2025

02:26 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

SHALANDA WHITE, ) Docket No. 2021-08-1065

Employee, )

v. )

FEDERAL EXPRESS CORP., ) State File No. 2571-2021

Employer, )

And )

INDEMNITY INSURANCE ) Judge Shaterra R. Marion

COMPANY OF NORTH AMERICA, )

Carrier. )

____________________________________________________________________________

COMPENSATION ORDER OF DISMISSAL

The Appeals Board remanded this case for findings on any remaining issues

including medical causation. For the reasons below, the Court holds that Ms. White did not

prove medical causation and denies her claim.

Motion to Reopen

During the compensation hearing, Ms. White made an oral motion to reopen the

proof on the issue of maximum medical improvement. The Appeals Board remanded the

case, so the Court will treat this as a Rule 7.02 motion. That rule states that “[a]n application

to the court for an order shall be by motion which, unless made during a hearing or trial,

shall be made in writing, shall state with particularity the grounds therefor, and shall set

forth the relief or order sought.”

The Court allowed the parties to brief the issue if necessary. After the Appeals Board

remanded the case, the Court requested the parties submit briefs, and both parties did.

Ms. White argued that the trial court has discretion to reopen proof, and Federal

Express will not be prejudiced. She asks the Court to reopen proof to allow for Dr. Rommel

Childress to perform an examination and offer new medical opinions including whether

she is at maximum medical improvement.

1

Federal Express argued that it would be severely prejudiced because it would be

required to relitigate Ms. White’s claim. Further, Ms. White offered no explanation for her

failure to get the medical opinion before the compensation hearing.

Permitting additional proof after a party announced that proof is closed is within the

discretion of the trial court, and unless it appears that its action in that regard permitted

injustice, its exercise of discretion will not be disturbed on appeal. Simpson v. Frontier

Cmty. Credit Union, 810 S.W.2d 147, 149-150 (Tenn. 1991).

The Court set the first scheduling deadlines on June 21, 2023. On December 14, Ms.

White filed a motion for continuance. Federal Express did not oppose the motion if the

continuance were short. The Court granted the motion and set new scheduling deadlines

requiring medical depositions to be completed by March 4, 2024, and setting the

compensation hearing for April 11.

Ms. White did not depose her doctor before March 4, nor did she move for nonsuit

or a continuance until April 4. Additionally, Ms. White’s attorney failed to appear at the

April 3 pretrial conference. The next day, Ms. White filed a motion for voluntary dismissal.

One week later, at the compensation hearing, Ms. White’s attorney requested the voluntary

dismissal be treated as a motion for a continuance, since a motion for summary judgment

was pending.

The Court granted the continuance and ordered that the doctor’s deposition take

place by June 3. Further, the Court ordered that this would be the last continuance granted.

During the continuance, Ms. White received a letter from Dr. Childress, who said

that he had not assigned maximum medical improvement. At the May 22, 2024 deposition,

Dr. Childress could not say whether Ms. White was at maximum medical improvement

without reexamining her. The examination did not occur, and the compensation hearing

went forward as scheduled on July 16.

Ms. White does not explain why she did not return to Dr. Childress after the May

17 letter or the May 22 deposition. Additionally, the Court previously granted a

continuance for Ms. White to secure medical proof. For these reasons, the motion to reopen

proof is denied.

Claim History

On November 2, 2020, Ms. White felt “burning” and “heaviness” in her knees after

stepping down from machinery at work. She said she took a couple of steps and could not

move, requiring a coworker to help her into a vehicle.

2

Ms. White treated conservatively with her primary care physician, and when that

didn’t work, she saw Dr. Childress. He diagnosed degenerative joint disease in her knee

that was aggravated by her work activities and obesity. He never placed her at maximum

medical improvement and believed she would more likely than not need a total knee

replacement at some point in the future.

In his deposition, Dr. Childress testified that Ms. White’s work caused her

aggravation based on “her description of what she did at work.” He also said that if her

description didn’t match her actual job duties “it could” change his opinion on causation.

He “would need to know what needs to be corrected in terms of [him] being knowledgeable

of exactly what she did in terms of hours and exposure.”

Dr. Jeffrey Dlabach performed an employer’s exam of Ms. White. He concluded

that morbid obesity, not the work injury, more than 50% caused her knee arthritis, which

had been progressing over many years. He further explained that although her knees may

hurt at work, work did not cause her knees to hurt. She could go somewhere else and walk

a lot, and her knees were going to hurt because of the arthritis.

Ms. White testified that she worked as a team leader on offload duty—unloading

cargo from planes—since 2012. Her employees usually offloaded the planes, two or three

per shift, but she helped where needed. She also said she gave Dr. Childress a detailed

description of job duties that she performed. Her written description of her job duties

included in relevant part:

Area- Non-con 1

-Lifting over 75lbs, carrying it 10ft for 5 to 8 hours

-Lifting over 150lbs with one other carrying it 10ft for 5 to 8 hours

-Walking and standing on an iron catwalk while lifting 40 to 50lbs mail and

document bags up 2ft lifting over chest height. For 5 to 7 hours

-pushing up to 150lbs 30ft on a conveyor belt

Area- Input

-Walking and standing from metal floor transitioning to an iron catwalk

carrying, pulling and pushing up to 100lbs 5ft. 5 to 7 hours a day

-Walking carrying 20lbs to 30 lbs. mail and document bags from metal floor

to iron catwalk lifting up to 2ft overhead 6 to 8 hours a day

-Climbing 2½ feet high onto a vehicle one step for 5 to 7 hours 5 days a week

Area- Offload

-climbing one flight of metal stairs (up and down) from 6 to 9 hours 5 days

a week

1

“Non-con” stands for “non-conveyable packages,” which required special sorting.

3

-standing on the iron floor when operating machines 6 to 8 hours 5 days a

week

-On my knees crawling around (some metal floors) in a small airplane

compartment pulling and pushing 5 to 150lbs bags and/or boxes, car parts,

plane parts, appliance parts etc. out onto a conveyor belt 30 ft in air That is

going downward.

-pushing and pulling 275lbs. Uphill and/or downhill alone (on metal floors

and metal rollers)

-With one other person turning 180 degrees, pushing and pulling uphill

and/or downhill up to 10,000 lbs (one metal floor and metal rollers)

David Kirby, a senior manager at Federal Express, oversaw Ms. White’s team and

17 others. He would observe each team nightly, with a focus on teams that had problems.

He testified that Ms. White’s team did not have problems. He also testified that Ms. White’s

description of her job duties was incorrect.

For “noncon,” Mr. Kirby said Ms. White’s assertions of lifting over 75 pounds and

150 pounds were incorrect because the heaviest noncon package weighed between 70 and

75 pounds, and that package would be lifted in tandem with another employee. He also

stated that 90-95% of noncon packages weighed less than 25 pounds, and if any package

weighed over 150 pounds, the employees knew not to lift it.

Additionally, Mr. Kirby testified that Ms. White would not be lifting packages for

six to eight hours, because employees only spent two and a half hours sorting planes each

shift. He stated that employees would normally sort packages between 11:00 p.m. and 2:07

a.m. the next morning.

For “input,” Mr. Kirby likewise testified that Ms. White could not be carrying

packages for five to seven hours a day because each employee only sorted for two and a

half hours each shift. Additionally, he said she could not have been constantly climbing for

five to seven hours a day because of the sort span.

For Ms. White’s duties as offload team lead, Mr. Kirby also disagreed with the

duties as she described them. He testified that the team lead may do some of the team

member actions, “but for the most part the team leader is directing the actions of the team.”

The team lead focuses on what comes off the plane and directs the team members to sort

the packages. He said that on a typical shift the team spends 75% of their time waiting for

a plane assignment. He also stated that her description of pushing up to 150-pound bags

could not be true because “you don’t put 150 pound-anything on the aircraft.”

Finally, Mr. Kirby stated that offloading a plane takes 30-40 minutes and then the

team waits for its next assignment, doing a total of three offloads per shift. Similarly, she

would not be operating machines for six to eight hours.

4

Ms. White, in her rebuttal testimony, reiterated that her job duty description was

accurate. She said that her team was short-staffed, so the team leads regularly had to operate

machinery and pull packages off planes. She disagreed with Mr. Kirby that noncons didn’t

weigh more than 75 pounds. She also opposed Mr. Kirby’s testimony, and her own earlier

testimony, by saying that she would load and unload as many as five planes on a shift.

Findings of Fact and Conclusions of Law

Ms. White has the burden of proof on all essential elements of her claim and must

show by a preponderance of the evidence that she is entitled to the requested benefits. Tenn.

Code Ann. § 50-6-239(c)(6) (2024); Willis v. All Staff, 2015 TN Wrk. Comp. App. Bd.

LEXIS 42, at *18 (Nov. 9, 2015). She failed to carry her burden.

Ms. White’s claim asserts an aggravation of a preexisting arthritic knee condition.

Proving her work caused the aggravation presents a substantial burden requiring specific

medical opinions based on accurate information concerning her job duties.

A compensable injury does not include the aggravation of a preexisting condition

“unless it can be shown to a reasonable degree of medical certainty that the aggravation

arose primarily out of and in the course and scope of employment.” Tenn. Code Ann. § 50-

6-102(12)(A) (2025). A reasonable degree of medical certainty means that “in the opinion

of a physician, it is more likely than not considering all causes” that the work injury caused

the aggravation. § 50-6-102(12)(C).

Medical opinions based on an inaccurate history do not support findings of

causation. The Tennessee Workers’ Compensation Panel held that an opinion based on a

faulty hypothetical on the extent of repetitive use of the employee’s hands could not form

the basis of a valid causation opinion. Hamilton v. Danka Indus., Inc., No. 02S01-9806-

CH-00051, 1999 Tenn. LEXIS 398, at *12-13 (Tenn. Workers’ Comp. Panel July 30,

1999). Similarly, the Panel gave greater weight to a treating physician instead of evaluating

physicians who “relied on [an] inaccurate medical history provided by the employee.” UPS

v. Cameron, No. E2013-02001-SC-R3-WC, 2014 Tenn. LEXIS 609, at *16 (Tenn.

Workers’ Comp. Panel Aug. 15, 2014).

Here, Dr. Childress based his causation opinion on the job duties that Ms. White

gave him. The testimony conflicted about those job duties.

Generally, Ms. White’s written job duties painted a picture of heavy lifting and

moving for six to eight hours per shift, five days a week. Mr. Kirby testified that her work

predominantly consisted of overseeing her team members, and even if she did the team

member work, the heavy lifting and moving took place at most two and a half hours each

shift, by unloading three planes per shift.

5

Ms. White, in her rebuttal testimony, did not directly contradict Mr. Kirby’s

testimony about how much time she spent per shift doing heavy lifting and moving. She

did state that she would load or unload up to five planes per shift, but using the math that

her team unloaded three planes in two and a half hours, five planes would only constitute

around four hours per shift. This still does not reach the six to eight hours that she portrayed

to Dr. Childress. Also, Ms. White contradicted her own testimony, when she said she

unloaded three planes per shift, which agreed with Mr. Kirby’s testimony.

The Court finds, based on the testimony of Ms. White and Mr. Kirby, that Ms. White

did not provide an accurate history to Dr. Childress. Dr. Childress therefore did not give a

valid causation opinion, because he stated his opinion was based on “her description of

what she did at work.”

Both doctors agreed that her obesity contributed to her knee injuries. Dr. Childress

based his opinion on the incorrect work history. Therefore, the Court finds Dr. Dlabach

more persuasive by a preponderance of the evidence.

Because Ms. White did not prove medical causation, the Court holds that she did

not carry her burden of proving that her knee injury arose out of and in the course and

scope of her employment and denies the claim.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. White’s claim is dismissed with prejudice.

2. The Court taxes the $150.00 filing fee to Federal Express, to be paid to the Court

Clerk within five business days of this order becoming final, and for which

execution might issue if necessary.

3. Federal Express shall prepare and submit to the Court Clerk a Statistical Data Form

(SD2) within 10 business days of this order becoming final.

4. Unless appealed, this order shall become final 30 days after issuance.

6

ENTERED April 10, 2025.

________________________________________

JUDGE SHATERRA R. MARION

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Deposition of Dr. Rommel Childress with Attached Exhibits

2. Deposition of Dr. Jeffrey Dlabach with Attached Exhibits

3. Email dated December 18, 2020, from Ms. White to Londell Owens

4. Stipulation of the Parties as to Credit Owed Employer

5. Description of Job Duties Created by Ms. White

CERTIFICATE OF SERVICE

I certify that a copy of the order was sent as shown on April 10, 2025.

Name Email Service sent to:

Christopher Taylor, X ctaylor@taylortoon.com

Employee’s Attorney

Stephen P. Miller, X smiller@mckuhn.com

Employer’s Attorney mdoherty@mckuhn.com

_____________________________________

PENNY SHRUM, COURT CLERK

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

7

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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