Opinion

King, Margaret v. Vanderbilt University Medical Center

  • 2019 TN WC 113
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jul 23, 2019
Status
Published
On the bench
Robert Durham
Cited by
0 cases

The opinion

FILED

Jul 23, 2019

03:17 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS' COMPENSATION

IN THE COURT OF WORKERS' COMPENSATION CLAIMS

AT MURFREESBORO

MARGARET KING, )

Employee, ) Docket No. 2 01 S-~ fi__J0005

)

v. ) State File No. 7'65-2116

)

VANDERBILT UNIVERSITY ) Judge Robert Durham

MEDICAL CENTER, )

Self-insured Employer. )

COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT

This matter came before the Court on July 11, 2019, upon Vanderbilt University

Medical Center's (VUMC's) Motion for Summary Judgment. VUMC asserts as

undisputed fact that Ms. King did not file a petition for benefit determination (PBD) until

more than one year following its last voluntary payment for her claimed work injury.

Thus, VUMC argues that the statute of limitations expired, which entitles it to summary

judgment as a matter oflaw. For the reasons below, the Court finds VUMC is entitled to

summary judgment.

Procedural History

In support of its motion, VUMC filed a Statement of Undisputed Material Facts

regarding the statute of limitations. Ms. King did not respond. Therefore, the following

facts contained within the Statement are deemed undisputed under Tennessee Rule of

Civil Procedure 56.03: On January 17, 2018, Ms. King filed a PBD asserting that she

suffered a work-related injury to her back on January 26, 2016. VUMC initially accepted

the claim but made its last payment of benefits on November 18, 2016.

At the hearing, Ms. King asserted that the mental stress caused by her financial

losses due to the injury and her inability to find an attorney led to her delay in filing a

PBD ..

1

Legal Analysis

Tennessee Code Annotated section 50-6-203(b )(2) provides that when benefits are

initially paid, a claim shall be forever barred unless a PBD is filed within one year of the

date of the last payment for compensation or treatment. VUMC is entitled to summary

judgment on the issue of statute of limitations if the record before the Court establishes

there are no genuine issues as to material facts, and VUMC is entitled to judgment as a

matter of law.

Here, the undisputed facts establish that Ms. King waited more than one year after

VUMC's last payment for treatment before filing her PBD. While the Court is

sympathetic to Ms. King's circumstances, they are insufficient to defend against

VUMC' s motion. Having carefully reviewed and considered the evidence in the light

most favorable to Ms. King, the Court finds VUMC has demonstrated that Ms. King's

evidence is insufficient to establish a genuine issue of material fact as to the expiration of

the limitations period.

IT IS, THEREFORE, ORDERED that:

1. VUMC's Motion for Summary Judgment is granted, and Ms. King's claim is

dismissed with prejudice to its refiling.

2. The filing fee of $150.00 is taxed to VUMC under Tennessee Compilation Rules

and Regulations 0800-02-21-.07, for which execution may issue as necessary.

3. VUMC shall file the SD-2 with the Court Clerk within ten days of the date of

judgment.

4. Absent an appeal, this order becomes final in thirty days.

ENTERED JULY 23,2019.

· o ert V. Durham, Judge

Court of Workers' Compensation Claims

2

CERTIFICATE OF SERVICE

I certify that a copy of the Order Granting Summary Judgment was sent as

indicated on July 24, 2019.

Name Certified Via Via Email Email Address

Mail Fax

Margaret King X X 10 Broadway Ave. Apt-C-1 04

Cookeville, TN 38501

Kingmargaret82@gmail.com

Nathaniel X ncherry@howardtatelaw .com

Cherry

_&

S~

~~ '

Penny Clerk of Court

Court of Workers' Compensation Claims

WC.CourtCJerk@tn.gov

3

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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