The opinion
FILED
Mar 18, 2022
01:54 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
EBONI HARRIS, ) Docket No. 2021-05-1137
Employee, )
v. )
) State File No. 48420-2019
VANDERBILT UNIVERSITY )
MEDICAL CENTER., )
Employer. ) Judge Dale Tipps
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
Vanderbilt University Medical Center (VUMC) filed a Motion for Summary
Judgment on February 3, 2022. The central issue is whether VUMC is entitled to summary
judgment because the statute of limitations bars Ms. Harris’s claim. For the reasons below,
the Court holds VUMC is entitled to summary judgment.
Procedural History
Ms. Harris alleged she suffered work-related injuries on July 5, 2019. VUMC
accepted the claim and provided medical treatment. Ms. Harris filed a Petition for Benefit
Determination (PBD) on December 14, 2021, seeking additional medical treatment and
temporary disability benefits.
VUMC filed this Motion for Summary Judgment, and Ms. Harris filed a response.
The Court heard arguments in a telephonic hearing on March 9, 2022.
Facts
VUMC filed a statement of undisputed material facts with citations to the record in
compliance with Tennessee Rules of Civil Procedure 56.03. Ms. Harris disputed several
of the facts by citing to a Rule 72 statement she filed with her response to the motion.
However, a careful reading of the Rule 72 statement yields no facts to support her denial.
For instance, Ms. Harris disputed facts in the affidavit of Teresa Overton, who is
VUMC’s workers’ compensation manager and is “currently responsible” for Ms. Harris’s
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July 5, 2019 claim. Ms. Harris’s Rule 72 statement says that Ms. Overton was not
employed by VUMC at the time of her injury and that her adjuster was Debbie Zidank.
Even taking Ms. Harris’s statements as true, they do not address, much less rebut, the fact
that Ms. Overton is currently the VUMC employee responsible for this claim.
The remainder of the Rule 72 statement relates to Ms. Harris’s injury, medical
treatment, causation opinions, lost pay, and a subsequent injury. None of these matters
have any bearing on the statute of limitation issue raised in VUMC’s motion. The same is
true for the extensive medical records Ms. Harris filed opposing the motion.1
The net effect of these deficiencies in Ms. Harris’s response is a failure to rebut any of
the facts alleged in VUMC’s statement. The Court therefore summarizes the facts as
follows:
1. Ms. Harris alleged an injury date of July 5, 2019.
2. VUMC provided medical treatment, including treatment with Dr. Rummo and Dr.
Elalayli, both of whom Ms. Harris selected from a panel.
3. Dr. Elalayli referred Ms. Harris to Dr. Berkman, who determined that her need for
surgery was not related to her work injury.
4. Ms. Harris returned to Dr. Rummo, who released her at maximum medical
improvement on November 12, 2019.
5. VUMC only provided medical benefits on this claim, and the last payment for any
authorized benefits was made on April 1, 2020.
6. VUMC has not authorized any medical treatment since the November 12, 2019
appointment with Dr. Rummo.
7. Ms. Harris filed her PBD on December 14, 2021.
Based on these facts, VUMC argued the Court should grant summary judgment
because it affirmatively negated an essential element of Ms. Harris’s claim – that she timely
filed the PBD – and that the facts are insufficient for Ms. Harris to prove this element.
Ms. Harris contended during the hearing that summary judgment is inappropriate.
She argued that because Ms. Overton was not her adjuster, her affidavit should be stricken.
Ms. Harris also said she was unaware of the statute of limitations.
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.
1
Even if the medical records contained relevant information, the Court could not consider them at this
stage. See Lemons v. Elwood Staffing Servs., 2021 TN Wrk. Comp. App. Bd. LEXIS 12, at *12-13 (May
4, 2021).
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As the moving party, VUMC must do one of two things to prevail on its motion: (1)
submit affirmative evidence that negates an essential element of the Ms. Harris’s claim, or
(2) demonstrate that her evidence is insufficient to establish an essential element of her
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 VUMC is successful in meeting this
burden, Ms. Harris 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)(2), which provides:
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. Harris filed her PBD on
December 14, 2021, which is more than one year after VUMC’s last payment of authorized
benefits on April 1, 2020. Thus, VUMC met its burden of negating an essential element
of the claim. This means Ms. Harris 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. Harris filed a response, but it did not contain any relevant
information on the statute of limitations. This leaves the Court without proof of any
applicable exceptions. Ms. Harris’s evidence is therefore insufficient to establish this
essential element of her claim, and the Court must hold that VUMC is entitled to summary
judgment as a matter of law.
IT IS, THEREFORE, ORDERED as follows:
1. VUMC’s Motion for Summary Judgment is granted, and Ms. Harris’s claim is
dismissed with prejudice to its refiling.
2. Unless appealed, this order shall become final thirty days after entry.
3. The Court taxes the $150.00 filing fee to VUMC under Tennessee Compilation
Rules and Regulations 0800-02-21-.06 payable to the Clerk within five days of this
order becoming final.
4. VUMC shall prepare and submit the SD-2 with the Clerk within ten days of the date
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of judgment.
ENTERED March 18, 2022.
______________________________________
Judge Dale A. Tipps
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on March 18, 2022.
Name Certified Via Service Sent To
Mail Email
Eboni Harris X X Ebonianderson95@gmail.com
906 Tal Lane
LaVergne, TN 37086
Nathaniel Cherry, X ncherry@howardtatelaw.com
Employer Atty.
______________________________________
Penny Shrum, Court Clerk
Wc.courtclerk@tn.gov
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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: “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 of the 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 Indigency 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.
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 *
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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]
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