Opinion

Robertson, Beverly vs. Edwards Oil Of Lawrenceburg

  • 2018 TN WC 29
Court
Tennessee Court of Workers' Compensation Claims
Filed
Mar 22, 2018
Status
Published
On the bench
Dale Tipps
Cited by
0 cases

The opinion

FILED

Mar 22, 2018

02:31 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

BEVERLY ROBERTSON, ) Docket No. 2017-05-0721

Employee, )

v. )

EDWARDS OIL OF ) State File No. 4488-2015

LAWRENCEBURG, )

Employer, )

and )

ACCIDENT FUND GEN. INS. CO., ) Judge Dale Tipps

Carrier. )

EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS

This matter came before the Court on March 20, 2018, for an Expedited Hearing.

During the hearing, counsel for Ms. Robertson acknowledged that no medical or

temporary disability benefits were currently in dispute. Instead, Ms. Robertson sought a

determination as to her correct average weekly wage.1

Tennessee Code Annotated section 50-6-239(d)(1) provides that the Court may

conduct an expedited hearing regarding “the provision of temporary disability or medical

benefits.” As no such benefits are currently in dispute, the Court cannot order temporary

disability payments or medical treatment, but could only issue an advisory ruling on the

average weekly wage issue. Such a ruling would be improper. See State v. Walls, No.

M2014-01972-SC-R11-CD, 2017 Tenn. LEXIS 719 at *3 (Nov. 9, 2017).

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Robertson’s claim against Edwards Oil and its workers’ compensation carrier

is denied at this time.

1

Ms. Robertson also suggested jurisdiction was another issue to be determined. Because the Dispute

Certification Notice did not identify jurisdiction as a disputed issue, the Court declined to hear it.

1

2. Ms. Robertson must file a Request for Scheduling Hearing or a valid Request for

Expedited Hearing within thirty days of the entry of this Order.

ENTERED this the 22nd day of March, 2018.

_____________________________________

Judge Dale Tipps

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Expedited Hearing Order was

sent to the following recipients by the following methods of service on this the 22nd day

of March, 2018.

Name Certified Fax Email Service sent to:

Mail

Michael Fisher, X mfisher@ddzlaw.com

Employee’s Attorney

Gordon Aulgur, X Gordon.aulgur@accidentfund.com

Employer’s Attorney

_____________________________________

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

2

Expedited Hearing Order Right to Appeal:

If you disagree with this Expedited Hearing Order, you may appeal to the Workers'

Compensation Appeals Board. To appeal an expedited hearing order, you must:

1. Complete the enclosed form entitled: "Expedited Hearing Notice of Appeal," and file the

form with the Clerk of the Court of Workers' Compensation Claims within seven

business days of the date the expedited hearing order was filed. When filing the Notice

of Appeal, you must serve a copy upon all parties.

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten

calendar days after filing of 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 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 the appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request

from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of

the proceedings is to be filed, a licensed court reporter must prepare the transcript and file

it with the court clerk within ten calendar days of the filing the Notice of

Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both

parties within ten calendar days of the filing of the Notice of Appeal. The statement of

the evidence must convey a complete and accurate account of the hearing. The Workers'

Compensation Judge must approve the statement before the record is submitted to the

Appeals Board. If the Appeals Board is called upon to review testimony or other proof

concerning factual matters, the absence of a transcript or statement of the evidence can be

a significant obstacle to meaningful appellate review.

4. If you wish to file a position statement, you must file it with the court clerk within five

business days after the deadline to file a transcript or statement of the evidence. The

party opposing the appeal may file a response with the court clerk within five business

days after you file your position statement. All position statements should include: (1) a

statement summarizing the facts of the case from the evidence admitted during the

expedited hearing; (2) a statement summarizing the disposition of the case as a result of

the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an

argument, citing appropriate statutes, case law, or other authority.

For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

Filed Date Stamp Here EXPEDITED HEARING NOTICE OF APPEAL

Tennessee Division of Workers' Compensation

Docket#: - - - -- -- - --

www.tn.go v/labor-wfd/wcomp.shtm l

State File #/YR: - - -- - - --

wc.courtclerk@tn.gov

1-800-332-2667 RFA#: _ _ _ _ _ _ _ _____ _

Date of Injury: - - - -- - - - -

SSN: _______ _ ______ __

Employee

Employer and Carrier

Notice

Noticeisg~enthat _ _ _ _ _ _ _~~--~~~~---~~~--------~

[List name(s) of all appealing party(ies) on separate sheet if necessary]

appeals the order(s) of the Court of Workers' Compensation Claims at _ __

-~~~-----~~~~~~~~-to the Workers' Compensation Appeals Board .

[List the date(s) the order(s) was filed in the court clerk's office]

Judge___________________________________________

Statement of the Issues

Provide a short and plain statement of the issues on appeal or basis for relief on appeal:

Additional Information

Type of Case [Check the most appropriate item]

D Temporary disability benefits

D Medical benefits for current injury

D Medical benefits under prior order issued by the Court

List of Parties

Appellant (Requesting Party): _____________ .A t Hearing: DEmployer DEmployee

Address:. _______________________ ______________ ___________

Party's Phone:.____________________________ Email: _________________________

Attorney's Name:________________________________ ___ BPR#: - - - - - - - - - - - -

Attorney's Address:. _ _ _ _ _~~-~~~~----~~---- Phone:

Attorney's City, State & Zip code: _____________________ ___________ _ _ _ __ _

Attorney's Email :_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ _ __

*Attach an additional sheet for each additional Appellant*

LB-1099 rev.4/15 Page 1 of 2 RDA 11082

Employee Name: - - - -- - - -- - - - SF#: _ _ _ _ __ _ _ _ _ DO l: _ __ _ __

Aopellee(s)

Appellee (Opposing Party): _ _ _ _ _ _ _ _.At Hearing: OEmployer DEmployee

Appellee's Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Appellee's Phone:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _.Email:_ _ _ _ _ _ __ _ _ _ _ _ __

Attorney's Name:_ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ BPR#: - - - - - - - -

Attorney's Address:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone:

Attorney's City, State & Zip code: - - - -- - - - - - - - - - - - - - - - - - - -- -

Attorney's Email:._ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

* Attach an additional sheet for each additional Appellee *

CERTIFICATE OF SERVICE

I, certify that I have forwarded a true and exact copy of this

Expedited Hearing Notice of Appeal by First Class, United States Mail, postage prepaid, to all parties

and/or their attorneys in this case in accordance with Rule 0800-02-22.01(2) of the Tennessee Rules of

Board of Workers' Compensation Appeals on this the day of__, 20_ .

[Signature of appellant or attorney for appellant]

LB-1099 rev.4/1S Page 2 of 2 RDA 11082

.

ll .I

Tennessee Bureau of Workers' Compensation

220 French Landing Drive, 1-B

Nashville, TN 37243-1002

800-332-2667

AFFIDAVIT OF INDIGENCY

I, , having been duly sworn according to law, make oath that

because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be

waived. The following facts support my poverty.

1. Full Name:_ _ _ _ _ _ _ _ _ _ __ 2. Address: - - - - - - - - - - - - -

3. Telephone Number: - - - - - - - - - 4. Date of Birth: - - - - - - - - - - -

5. Names and Ages of All Dependents:

- - - - - - - - - - - - - - - - - Relationship: - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - Relationship: - - - - - - - - - - - - -

- - - - - - - - - - - - - - -- - Relationship: - - - - - - - - - - - --

- - - - - - - - - - - - - - - - - Relationship: - - - - - - - - - - - - -

6. I am employed by: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , -

My employer's address is: - - - - - - - - - - - - - - - - - - - - - - - - -

My employer's phone number is: - - - - - - - - - - - - - - - - - - - - - - -

7. My present monthly household income, after federal income and social security taxes are deducted, is:

$ _ _ _ _ _ _ ___

8. I receive or expect to receive money from the following sources:

AFDC $ per month beginning

SSI $ per month beginning

Retirement $ per month beginning

Disability $ per month beginning

Unemployment $ per month beginning

Worker's Camp.$ per month beginning

Other $ per month beginning

LB-1108 (REV 11/15) RDA 11082

9. My expenses are: ' ; !•

'

Rent/House Payment $ per month Medical/Dental $ per month

Groceries $ per month Telephone $ per month

Electricity $ per month School Supplies $ per month

Water $ per month Clothing $ per month

Gas $ per month Child Care $ per month

Transportation $ per month Child Support $ per month

Car $ per month

Other $ per month (describe:

10. Assets:

Automobile $ _ _ __ _

(FMV) - - - - - -- - - -

Checking/Savings Acct. $ _ _ _ __

House $ _ _ _ __

(FMV) - - -- - - -- - -

)

Other $ _ _ _ __ Describe:_ _ _ __ _ _ _ _ __

11. My debts are:

Amount Owed To Whom

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete

and that I am financially unable to pay the costs of this appeal.

APPELLANT

Sworn and subscribed before me, a notary public, this

_ _ _ dayof _____________ ,20____

NOTARY PUBLIC

My Commission Expires:_ _ _ _ _ __ _

LB-1108 (REV 11/15) 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.