The opinion
FILED
May 29, 2026
09:09 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT JACKSON
VEATRICE BOOKER, Docket No. 2022-70-0638
Employee,
v. State File No. 111982-2019
US FARATHANE CORP.,
Employer. Judge Amber E. Luttrell
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
In US Farathane’s motion, the issue is whether Ms. Booker presented
sufficient evidence of a causal connection between her current cervical condition
and need for treatment and her work injury, which is an essential element of her
claim. For the reasons below, the Court holds she did not present the necessary
evidence, and US Farathane is entitled to summary judgment.
Claim History
Ms. Booker filed a petition seeking treatment for a cervical condition under
a 2024 compensation order. The Court awarded future medical benefits for a 2019
neck injury diagnosed as cervical myofascial pain.1 She was not awarded permanent
disability benefits.
US Farathane does not dispute that Ms. Booker is entitled to medical benefits
for work-related cervical myofascial pain. Rather, it contests Ms. Booker’s current
request for treatment as her authorized treating physician, Dr. John Brophy,
concluded that her cervical condition and need for treatment does not primarily arise
out of her original injury.
US Farathane filed this motion for summary judgment. Ms. Booker did not
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The Court also awarded future medical benefits for lumbar myofascial pain and shoulder pain, but the
sole issue before the Court at this time concerns her neck condition.
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respond to its statement of undisputed material facts as required under Tennessee
Rules of Civil Procedure Rule 56. However, she filed an affidavit and a C-32 of her
personal physician, Dr. John Janovich.
US Farathane filed statements of undisputed material facts with citations to
the record. Because Ms. Booker did not respond, the facts alleged in the statement
are unrebutted. The Court summarizes the relevant facts as follows:
• Ms. Booker filed a petition seeking medical benefits under a 2024
compensation order. Ms. Booker saw Dr. Brophy in July 2025 under
her private health insurance.
• Dr. Brophy testified that three cervical injections from Dr. Janovich
were not related to Ms. Booker’s November 5, 2019 work injury.
• Dr. Brophy reviewed a June 2025 MRI and testified it showed either
degenerative or congenital changes, not changes related to her work
injury.
• Dr. Brophy testified there was “no clinical evidence of cervical
radiculopathy or myelopathy.”
• Dr. Brophy ordered a cervical CT scan and said it showed no evidence
of disc herniation, ruptured disc, nerve root compression, or spinal
cord compression.
• Dr. Brophy diagnosed Ms. Booker with “chronic cervical and trapezius
pain associated with ossification of the posterial longitudinal ligament
from C5 through C7 without clinical evidence of radiculopathy or
myelopathy.”
• Dr. Brophy stated that Ms. Booker’s diagnosis and his treatment of her
in 2025 was unrelated to her 2019 work injury.
• Ms. Booker filed a C-32 of Dr. Janovich.
Us Farathane contends summary judgment is appropriate because it negated
an essential element of Ms. Booker’s claim through Dr. Brophy’s testimony.
In the C-32, Dr. Janovich checked that he was her “treating physician.” He
wrote, “3-year service this provider; fell 11-2019 at work with treatment elsewhere.
MRI indicated change from previous.” Dr. Janovich responded to the question
“what was the injury” by writing “fell at work.”
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Analysis
Summary judgment is appropriate “if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law.” Tenn. R. Civ. P. 56.04 (2025).
As the moving party, US Farathane must either: (1) submit affirmative
evidence that negates an essential element of Ms. Booker’s claim, or (2)
demonstrate that her evidence is insufficient to establish an essential element of her
claim. Tenn. Code Ann. § 20-16-101 (2025); Rye v. Women’s Care Ctr. of Memphis,
MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015).
Dr. Brophy, Ms. Booker’s authorized treating physician, unequivocally
stated that Ms. Booker’s current diagnosis for which he treated her is chronic
cervical and trapezius pain associated with ossification of the posterial longitudinal
ligament from C5 through C7, which is unrelated to her 2019 work injury. He
explained that this condition is degenerative or congenital and pre-existed her work
injury. Based on this testimony, US met its burden of negating an essential element
– causation.
Because US Farathane met its burden, the burden shifts to Ms. Booker to
produce specific facts supported by citations to the record showing that a genuine
issue of fact concerning causation exists for trial. Rye, 477 S.W.3d at 265. In an
attempt to do so, she offered a C-32 from Dr. Janovich, which fails to address
causation for her current cervical condition or even identify a diagnosis. Thus, the
C-32 fails to create a genuine issue of fact for trial. Therefore, Ms. Booker did not
meet her burden, and summary judgment is appropriate.
While US Farathane is entitled to summary judgment as to Ms. Booker’s
current request for cervical treatment, Ms. Booker remains entitled to reasonable
and necessary future medical benefits for her work-related cervical myofascial pain
under the 2024 compensation order.
Finally, US Farathane also argues it is entitled to summary judgment under
the doctrines of res judicata and collateral estoppel for any request for permanent
disability based on Dr. Janovich’s 25% rating assigned in his C-32. However, in
Ms. Booker’s May 3, 2025 petition, she did not allege entitlement to permanent
disability. She only requested “medical care as required under a Court order.” At
the motion hearing, Ms. Booker also confirmed she only obtained a C-32 from Dr.
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Janovich to support her request for medical benefits. Because Ms. Booker did not
request permanent disability benefits, the issue is not before the Court.
IT IS THEREFORE, ORDERED as follows:
1. US Farathane’s motion for summary judgment is granted, and Ms. Booker’s
petition is dismissed with prejudice.
2. Unless appealed, this order shall be final 30 days after entry.
3. The Court taxes the $150.00 filing fee to US Farathane or its carrier under
Tennessee Compilation Rules and Regulations 0800-02-21-.06 (2026),
payable to the Clerk within five days of this order becoming final.
4. US Farathane shall prepare and submit the SD-2 with the Clerk within ten
days of the date of judgment.
ENTERED May 29, 2026.
___________________________________
JUDGE AMBER E. LUTTRELL
Court of Workers’ Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on May 29, 2026.
Name USPS Email Service sent to:
Veatrice Booker, X X
Employee
John Burleson, X jburleson@raineykizer.com
Employer’s Attorney
___________________________________
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.
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.
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 (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ 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]
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