Opinion

MORILLO, NEIKER v. DANIEL BARRON d/b/a ALL AROUND HVAC SERV., LLC

  • 2021 TN WC 218
Court
Tennessee Court of Workers' Compensation Claims
Filed
Aug 20, 2021
Status
Published
On the bench
Robert Durham
Cited by
0 cases
Authority
More cited than 16.8%

The opinion

FILED

Aug 20, 2021

07:57 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

NEIKER MORILLO, ) Docket No. 2020-05-0824

Employee, ) 2020-05-0824A

v. ) 2020-05-0824B

DANIEL BARRON d/b/a ALL )

AROUND HVAC SERV., LLC )

Employer, ) State File No. 5479-2020

And )

THE HARTFORD INS. CO., )

LIBERTY MUTUAL INS. CO., )

TEXAS MUTUAL INS. CO. ) Judge Robert Durham

COMPENSATION ORDER GRANTING PARTIAL SUMMARY JUDGMENT

This case came before the Court on August 18, 2021, on the partial summary

judgment motions of Liberty Mutual and The Hartford. As grounds, Liberty Mutual and

The Hartford asserted they did not provide workers’ compensation insurance for Mr.

Barron for the Nissan project where Mr. Morillo was working at the time of his alleged

injury on July 8, 2020. Considering the evidence, the Court grants the partial summary

judgment motions and dismisses Mr. Morillo’s claim against Liberty Mutual and The

Hartford. 1

Facts

Mr. Morillo alleged he suffered an injury to his left hand on July 8, 2020, while

working for Mr. Barron at the Nissan plant in Smyrna, Tennessee. Liberty Mutual and

The Hartford each filed affidavits and Statements of Undisputed Facts asserting that,

1

Mr. Morillo also alleged that Mr. Barron had workers’ compensation insurance through Texas Mutual

Insurance Company. When Texas Mutual received notice of the Petition for Benefit Determination, it sent

correspondence to the mediator asserting that Texas Mutual only insures Texas claims, and Tennessee

does not have jurisdiction over Texas Mutual. However, Texas Mutual has not filed anything with the

Court seeking dismissal of Mr. Morillo’s claim against it.

1

while they provided workers’ compensation coverage to Mr. Barron for other projects in

Tennessee, they did not provide insurance for any work performed at the Nissan plant.

Neither Mr. Morillo nor Mr. Barron filed affidavits or responses to the Statements of

Undisputed Facts contesting the assertions of Liberty Mutual and The Hartford. 2

Analysis

Summary judgment is appropriate if there is no genuine issue as to any material

fact, and the moving party is entitled to judgment as a matter of law. To meet this

standard, Liberty Mutual and The Hartford must either: (1) submit affirmative evidence

that negates an essential element of Mr. Morillo’s claim, or (2) demonstrate that his

evidence is insufficient to establish an essential element of his claim. Tenn. Code Ann. §

20-16-101; see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235,

264 (Tenn. 2015). If Liberty Mutual and The Hartford satisfy this burden, Mr. Morillo

must then show that the record contains specific facts upon which a trier of fact could

base a decision in his favor. Rye, at 265.

Here, no one opposed the motions of Liberty Mutual and The Hartford. As

required by Rule 54.02 of the Tennessee Rules of Civil Procedure, the Court finds that

there is no just reason for delay in directing entry of final judgment as to Liberty

Mutual’s and The Hartford’s liability in this claim. Given the undisputed facts, the Court

holds that Liberty Mutual and The Hartford are entitled to summary judgment as a matter

of law and are not liable for providing workers’ compensation benefits to Mr. Morillo.

IT IS, THEREFORE, ORDERED that:

1. The Court grants the partial summary judgment motions of Liberty Mutual and

The Hartford and dismisses them with prejudice.

2. The Court directs entry of final judgment dismissing Mr. Morillo’s claims against

Liberty Mutual and The Hartford. Unless appealed, this Order shall become final

in thirty days.

3. The parties shall attend a status conference on September 20, 2021, at 9:00 a.m.

C.T. by calling 855-689-9049. Failure to attend may result in the resolution of

issues without the party’s participation.

IT IS ORDERED.

2

At the hearing, Mr. Barron’s counsel stated that Mr. Barron did not have workers’ compensation

insurance for Mr. Morillo’s injury, and he intends to make the general contractor to the Nissan project,

Ivey Mechanical, a party to the action.

2

ENTERED August 20, 2021

__________________________________

Judge Robert V. Durham

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on August 20, 2021.

Name Certified Email Service sent to:

Mail

Neiker Morillo, X Neikermorillo26@gmail.com

Employee

Drew Saulters, X dsaulters@ortalekelley.com

Employee’s Attorney

Blair Cannon, X L.Blair.Cannon@thehartford.com

The Hartford’s Attorney

Owen Lipscomb, X Owen.Lipscomb@libertymutual.com

Liberty’s Attorney

Vanecia Johnson, X vaneciajohnson@texasmutual.com

Texas Mutual’s

Attorney

_____________________________________

Penny Shrum, Court Clerk

WC.CourtClerk@tn.gov

3

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 *

LB-1099 rev. 01/20 Page 1 of 2 RDA 11082

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]

LB-1099 rev. 01/20 Page 2 of 2 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.