Opinion

Hancock, Jacqueline v. Vanderbilt University Medical Center

  • 2021 TN WC 223
Court
Tennessee Court of Workers' Compensation Claims
Filed
Sep 3, 2021
Status
Published
On the bench
Joshua Davis Baker
Cited by
0 cases
Authority
More cited than 18.7%

The opinion

FILED

Sep 03, 2021

12:04 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

Jacqueline Hancock, ) Docket No. 2020-06-1527

Employee, )

v. )

) State File No. 45480-2018

)

Vanderbilt University Medical Center, )

Self-Insured Employer. ) Judge Joshua Davis Baker

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

The Court heard Vanderbilt’s Motion for Summary Judgment on August 31, 2021,

on whether Ms. Hancock’s claim is barred by the statute of limitations. For the reasons

below, the Court holds it is, and Vanderbilt is entitled to summary judgment.

Claim History

Ms. Hancock alleged in her petition for benefit determination that she injured her

shoulder while preventing a patient’s fall. She reported the injury, and Vanderbilt

authorized treatment at its occupational health clinic. The last payment for benefits

occurred on August 1, 2018, per Vanderbilt’s worker’s compensation manager. Ms.

Hancock filed a petition for benefit determination on October 12, 2020.

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 (2020).

As the moving party, Vanderbilt must do one of two things to prevail on its motion:

(1) submit affirmative evidence that negates an essential element of Ms. Hancock’s claim,

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

1

element of her claim. Tenn. Code Ann. § 20-16-101 (2020); see also Rye v. Women’s Care

Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If Vanderbilt does either or

both of these things, Ms. Hancock must respond by producing specific facts showing a

genuine issue for trial. Id.; Tenn. R. Civ. P. 56.06.

Vanderbilt argues the Court should grant summary judgment because it

affirmatively negated an essential element of Ms. Hancock’s claim—that she timely filed

her petition. Tennessee Code Annotated section 50-6-203(b)(2) governs the time within

which a petition must be filed when an employer has voluntarily provided benefits, as in

this case. Specifically, within one year after the work accident, the right to compensation

is forever barred unless a petition for benefit determination is filed within one year from

the time the employer “ceased to make payments of compensation to or on behalf of the

employee.”

Here, the undisputed facts show that Vanderbilt last made a payment of benefits on

August 1, 2018. Ms. Hancock filed her petition on October 20, 2020, well past one year

after the date of the last payment of benefits. Vanderbilt negated an essential element of

her claim, and it also demonstrated that her evidence is insufficient to establish an essential

element of her claim. Therefore, Ms. Hancock must “demonstrate the existence of specific

facts in the record which could lead a rational trier of fact to find in her favor[.]” Rye, at

265.

While Ms. Hancock filed a response that characterized several facts as disputed,

none of these alleged disputed facts concerns the salient point of Vanderbilt’s motion: Ms.

Hancock did not file her claim within the statute of limitations. So, the disputed facts are

immaterial to this Court’s decision.

Here, the undisputed facts show that Ms. Hancock waited more than one year after

Vanderbilt’s last payment for treatment before filing her petition. The Court sympathizes

with Ms. Hancock’s circumstances, but it must abide by the time constraints within the

Worker’s Compensation Law. Therefore, the Court finds that Vanderbilt negated an

essential element of Ms. Hancock’s claim and proved her evidence is insufficient to

establish she timely filed her claim. Vanderbilt’s Motion for Summary Judgment is

granted, and Ms. Hancock’s claim is dismissed with prejudice.

Costs are taxed to Vanderbilt under Tennessee Compilation Rules and Regulations

0800-02-21-.07, to be paid within five days of this order becoming final. Vanderbilt shall

prepare and submit the SD-2 within ten days of the date of this order. Unless appealed,

this order shall become final in thirty days.

ENTERED September 3, 2021.

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________________________________________

JUDGE JOSHUA DAVIS BAKER

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on September 3, 2021.

Name Certified Email Sent to

Mail

Jacqueline Hancock X X 239-B Cleveland Ave.

Lebanon, TN 37087

jacquelinehancock@ymail.com

Nate Cherry X ncherry@howardtatelaw.com

_______________________________________

Penny Shrum

Clerk, Court of Workers’ Compensation Claims

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.

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