Opinion

White, Carole v. Community Care of Rutherford Co.

  • 2018 TN WC 143
Court
Tennessee Court of Workers' Compensation Claims
Filed
Sep 7, 2018
Status
Published
On the bench
Dale Tipps
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

CAROLE WHITE, ) Docket No. 2017-05-0944

EMPLOYEE, )

v. )

)

COMMUNITY CARE OF ) State File No. 40374-2017

RUTHERFORD CO., )

EMPLOYER, )

And )

)

EASTERN ALLIANCE INS. CO., ) Judge Dale Tipps

CARRIER. )

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

This matter came before the Court upon Community Care’s Motion for Summary

Judgment. For the reasons below, the Court finds Community Care is entitled to

summary judgment.

Procedural History

Ms. White filed a Petition for Benefit Determination seeking medical and

temporary disability benefits. After an expedited hearing on the record, this Court issued

an interlocutory order holding that Ms. White was unlikely to prevail at a hearing on the

merits in establishing that she suffered a mental injury arising primarily out of her

employment.

Community Care later filed a Motion for Summary Judgment, accompanied by a

Memorandum of Law and a Statement of Undisputed Facts. Ms. White did not file a

response. The Court heard the Motion telephonically on August 30, 2018, with Ms.

White and Nicholas Snider, attorney for Community Care, participating.

1

Facts

Community Care’s Statement of Undisputed Facts included the following:

1. “The PBD described how the injury occurred as ‘from working in a hostile work

environment for so long.’”

2. “The alleged date of injury is February 2017. No specific date of injury is

provided.”

3. “Employee has offered no evidence of an identifiable stressful, work related event

that produced a sudden mental stimulus.”

Findings of Fact and Conclusions of Law

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.

Community Care, as the party who does not bear the burden of proof at trial, must

do one of two things to prevail on its motion for summary judgment: (1) submit

affirmative evidence that negates an essential element of Ms. White’s claim, or (2)

demonstrate that Ms. White’s evidence is insufficient to establish an essential element of

her claim. Tenn. Code Ann. § 20-16-101 (2017); see also Rye v. Women’s Care Ctr. of

Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If Community Care is successful

in meeting this burden, Ms. White “may not rest upon the mere allegations or denials of

its pleading.” Id. at 265. Rather, she must respond by producing affidavits, pleadings,

depositions, responses to interrogatories, or admissions that set forth specific facts

showing that there is a genuine issue for trial. Id.; Tenn. R. Civ. P. 56.06. She must do

more than simply show that there is some metaphysical doubt as to the material facts.

Rye, at 265.

Here, Ms. White filed no response to the Statement of Undisputed Facts. She

attended the hearing to oppose the motion but identified nothing in the record to support

her assertions. While her response did not comply with the rule, Rule 56.06 also states

that if the party opposing the motion does not respond, summary judgment shall be

entered against the adverse party “if appropriate.”

To determine whether summary judgment is appropriate, the Court looks to

whether there are genuine issues of material fact on causation, an essential element of

Ms. White’s claim. Tennessee courts apply a two-part test in order to determine whether

an injury caused by mental or emotional stimulus is compensable. First, the injury must

2

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.” Creasman v. Waves, Inc., 2018 TN Wrk. Comp. App. Bd.

LEXIS 13, at *7 (Apr. 16, 2018).

The undisputed facts establish that Ms. White did not identify a specific date of

injury or a stressful, work related event that produced a sudden mental stimulus. Instead,

she contends the injury occurred “from working in a hostile work environment for so

long.” However, gradual employment stress is insufficient to establish a claim for an

injury caused by mental or emotional stimulus. See Gatlin v. Knoxville, 822 S.W.2d 587,

591 (Tenn. 1991). Therefore, based on these undisputed facts, the Court holds that

Community Care has demonstrated Ms. White’s evidence is insufficient to establish an

essential element of her claim.

IT IS, THEREFORE, ORDERED as follows:

1. Community Care’s Motion for Summary Judgment is granted, and Ms. White’s

claim against Community Care and its workers’ compensation carrier for the

requested workers’ compensation benefits is dismissed on the merits with

prejudice to its refiling.

2. The filing fee of $150.00 is taxed to Community Care under Tennessee

Compilation Rules and Regulations 0800-02-21-.07, for which execution may

issue as necessary.

3. Absent appeal, this order shall become final thirty days after entry.

ENTERED this the 7th day of September, 2018.

_____________________________________

Judge Dale Tipps

Court of Workers’ Compensation Claims

3

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Order Granting Summary

Judgment was sent to the following recipients by the following methods of service on this

the 7th day of September, 2018.

Name Certified Fax Email Service sent to:

Mail

Carole White, X X 1209 John Hood Drive

Employee Rockvale, TN 37153

sdwhite101@gmail.com

Nicholas Snider, X nsnider@morganakins.com

Employer’s Attorney

_____________________________________

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

4

II

I 'I

Compensation Hearing Order Right to Appeal:

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

Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers'

Compensation Appeals Board, you must:

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

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

calendar days of the date the compensation hearing order was filed. When filing the

Notice of Appeal, you must serve a copy upon 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 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 ofthe 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 lndigency will

result in dismissal of your 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. A licensed court

reporter must prepare a transcript and file it with the court clerk within fifteen calendar

days of the filing the Notice of Appeal. Alternatively, you may file a statement of the

evidence prepared jointly by both parties within fifteen 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

of the evidence 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. 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. The appealing

party has fifteen calendar days after the date of that notice to submit a brief to the

Appeals Board. See the Practices and Procedures of the Workers' Compensation

Appeals Board.

To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing

Order must be final and you must comply with the Tennessee Rules of Appellate

Procedure. If neither party timely files an appeal with the Appeals Board, the trial court's

Order will become final by operation of law thirty calendar days after entry. See Tenn.

Code Ann.§ 50-6-239(c)(7).

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

Filed Date Stamp Here COMPENSATION HEARING NOTICE OF APPEAL Docket#: ___________________

Tennessee Division of Workers' Compensation

www.tn .gov/labor-wfd/wcomp.shtml State File #/YR: - - - - - - - - - - - - -

wc.courtclerk@tn .gov

1-800-332-2667 RFA#: ____________________

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

SSN: _____________________

Employee

Employer and Carrier

Notice

Notice is given that ---------------------------------------------------

[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 _____

---------------------- - -- - - - t o 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 :

List of Parties

Appellant (Requesting Party): _______________ .At Hearing: 0Employer0Employee

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-1103 rev. 4/15 Page 1 of 2 RDA 11082

Employee Name: -- - - - - - - - - - - SF#: _ _ _ _ _ _ _ _ _ _ DOl: _ _ _ _ __

Appellee(s)

Appellee (Opposing Party): ,_ _ _ _ _ _ __ At Hearing:OEmployer[]Employee

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

Compensation 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) ofthe Tennessee Rules of

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

[Signature of appellant or attorney for appellant]

Attention: This form should only be used when filing an appeal to the Workers' Compensation Appeals

Board. If you wish to appeal a case to the Tennessee Supreme Court, please utilize the form provided by

the Court which can be found on their website at the following address:

http://www.tncourts.gov/sites/defau lt/files/docs/notice of appeal - civil or criminal.pdf

LB-1103 rev. 4/15 Page 2 of 2 RDA 11082

II I.

' 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: ! ~ li

I

'

Rent/House Payment $ per month Med icai/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.

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