Opinion

Bush, Amy v. Stones River Center/RHA Health Services

  • 2019 TN WC 73
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 6, 2019
Status
Published
On the bench
Dale Tipps
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

FILED

May 06, 2019

11:22 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

AMY BUSH, ) Docket No. 2018-05-0258

Employee, )

v. )

)

STONES RIVER CENTER/RHA ) State File No. 48483-2016

HEALTH SERVICES, )

Employer, )

and )

)

PA MFR’S ASSN. INS. CO., ) Judge Dale Tipps

Carrier. )

COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT

This matter came before the Court on Stones River Center/RHA Health Services

(RHA)’s Motion for Summary Judgment. The central issue is whether RHA is entitled to

summary judgment on grounds that the statute of limitations bars Ms. Bush’s claim. For

the reasons below, the Court holds RHA is entitled to summary judgment.

Procedural History

Ms. Bush alleged she suffered a work-related injury to her right foot on June 8,

2016. RHA denied the claim and filed a Notice of Controversy on January 17, 2017.

Ms. Bush filed a Petition for Benefit Determination (PBD) on March 7, 2018, seeking

medical benefits.

Following an expedited hearing, the Court entered an order denying Ms. Bush’s

claim, finding she was not likely to prevail at a hearing on the merits. Ms. Bush

appealed, but the Worker’s Compensation Appeals Board affirmed the ruling.

RHA filed this Motion for Summary Judgment, and Ms. Bush filed no response.

The Court heard arguments in a telephonic hearing on May 1, 2019.

1

Facts

RHA filed a statement of undisputed material facts with citations to the record in

compliance with Tennessee Rules of Civil Procedure 56.03. Because Ms. Bush failed to

file a response to the statement, the Court deems them admitted and summarizes them as

follows:

1. Ms. Bush alleged an injury date of June 8, 2016.

2. RHA denied the claim on January 17, 2017.

3. Ms. Bush filed the PBD on March 7, 2018.

Based on these facts, RHA argued the Court should grant summary judgment

because it affirmatively negated an essential element of Ms. Bush’s claim – that she

timely filed the PBD – and that the facts are insufficient for Ms. Bush to prove this

element.

Although Ms. Bush filed no response, she participated in the hearing. However,

she limited her response to a statement that she had contacted the EEOC and that she

“disputed everything.”

Law and 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 (2018).

As the moving party, RHA must do one of two things to prevail on its motion: (1)

submit affirmative evidence that negates an essential element of the Ms. Bush’s claim, or

(2) demonstrate that Ms. Bush’s evidence is insufficient to establish an essential element

of her claim. Tenn. Code Ann. § 20-16-101 (2018); see also Rye v. Women’s Care Ctr.

of Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If RHA is successful in

meeting this burden, Ms. Bush must then establish that the record contains specific facts

upon which the Court could base a decision in her favor. Rye, at 265.

The essential element at issue in this case comes from Tennessee Code Annotated

section 50-6-203(b), which provides:

(1) In instances when the employer has not paid workers’ compensation

benefits to or on behalf of the employee, the right to compensation under

this chapter shall be forever barred, unless the notice required by § 50-6-

201 is given to the employer and a petition for benefit determination is filed

with the bureau on a form prescribed by the administrator within one (1)

year after the accident resulting in injury.

2

(2) In instances when the employer has voluntarily paid workers’

compensation benefits, within one (1) year following the accident resulting

in injury, the right to compensation is forever barred, unless a petition for

benefit determination is filed with the bureau on a form prescribed by the

administrator within one (1) year from the latter of the date of the last

authorized treatment or the time the employer ceased to make payments of

compensation to or on behalf of the employee.

The undisputed facts conclusively demonstrate that Ms. Bush filed her PBD on

March 7, 2018, which is considerably more than “one year after the accident resulting in

injury.” Further, Ms. Bush offered no proof that RHA ever voluntarily paid any benefits

for this injury. Thus, RHA met its burden of negating an essential element of the claim.

This means Ms. Bush must show that the record contains specific facts upon which the

Court could find in her favor, such as proof of a recognized exception to the statute of

limitations.

As noted above, Ms. Bush did not file a response to the motion or provide any

additional evidence. This leaves the Court without proof of any applicable exceptions.

Ms. Bush’s evidence is therefore insufficient to establish this essential element of her

claim, and the Court must hold that RHA is entitled to summary judgment as a matter of

law.

IT IS, THEREFORE, ORDERED as follows:

1. RHA’s Motion for Summary Judgment is granted, and Ms. Bush’s claim is

dismissed with prejudice to its refiling.

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

3. The Court taxes the $150.00 filing fee to RHA under Tennessee Compilation

Rules and Regulations 0800-02-21-.07 payable to the Clerk within five days of

this order becoming final.

4. RHA shall prepare and submit the SD-2 with the Clerk within ten days of the date

of judgment.

ENTERED May 6, 2019.

______________________________________

Judge Dale A. Tipps

Court of Workers’ Compensation Claims

3

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Order was sent to the following

recipients by the following methods of service on May 6, 2019.

Name Certified Via Service Sent To

Mail Email

Amy Bush X X busha2022@gmail.com

1010 N. Academy St.

Murfreesboro, TN 37130

Rosalia Fiorello, X rfiorello@wimberlylawson.com

Employer Atty.

MOST X Patsy.bumbalough@tn.gov;

peggy.haley@tn.gov

______________________________________

Penny Shrum, Court Clerk

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.

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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