Opinion

Glenn, Terrance v. Conns, Inc.

  • 2023 TN WC 35
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 9, 2023
Status
Published
On the bench
Joshua Davis Baker
Cited by
0 cases
Authority
More cited than 23.3%

The opinion

FILED

May 09, 2023

12:34 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

TERRANCE GLENN, ) Docket No. 2022-06-0924

Employee, )

v. )

)

CONNS, INC., ) State File No. 37517-2022

Employer, )

And )

)

TRAVELERS INDEMNITY CO., ) Judge Joshua Davis Baker

Carrier. )

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

On April 24, 2023, the Court heard Conns’s Motion for Summary Judgment. It

argues Mr. Glenn’s evidence is insufficient to establish medical causation, which is an

essential element of his claim. Mr. Glenn did not timely file a written response and produce

specific facts showing a genuine issue for trial. So, the Court grants summary judgment to

Conns and dismisses this claim with prejudice.

Claim History

Mr. Glenn alleged that moving a dresser for work and a supervisor that intentionally

poisoned him with deer jerky injured both his neck and shoulder and infected his spine and

heart. He underwent surgeries to treat multiple infections. Conns denied the claim, and Mr.

Glenn filed a petition.

Conns served Mr. Glenn with Requests for Admissions, in which he was asked to

admit he has no record or written opinion from a “medical provider” stating that his

infections were “primarily or greater than 50% caused by” eating poisoned deer jerky from

his supervisor or moving the dresser. Counsel included a letter with the discovery request

that explained Mr. Glenn’s obligation under applicable rules to respond to the Requests for

Admissions within thirty days, but he did not respond.

After a dispute certification notice and hearing request, the Court entered a

scheduling order with discovery deadlines.

Conns filed this motion for summary judgment supported by a statement of

undisputed facts with citations to the records and Mr. Glenn’s medical records attached.

Conns purported that his diagnoses are undisputed; however, Mr. Glenn has no evidence

causally linking those diagnoses to his alleged work incidents.

Law and Analysis

To oppose summary judgment, a party must file a response “not later than five days

before the hearing[.]” Tenn. R. Civ. P. 56.03 (2022). Mr. Glenn did not file a timely written

response. Shortly before the hearing, he filed documentation, but he offered no explanation

as to its relevance. Further, many records were duplicative and untimely. Therefore,

Conns’s motion for summary judgment is unopposed. Tenn. Comp. R. & Regs. 0800-02-

21-.18(1)(d) (February, 2022).

Summary judgment is appropriate when “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.

Conns must do one of two things to prevail: (1) submit affirmative evidence that

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

insufficient to establish an essential element of his claim. Tenn. Code Ann. § 20-16-101

(2022); see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264

(Tenn. 2015).

Here, Conns demonstrated Mr. Glenn’s evidence is insufficient to show medical

causation, which is an essential element of his claim.

Proving medical causation requires an expert’s testimony to a “reasonable degree

of medical certainty” that the employment “contributed more than fifty percent (50%) in

causing the . . . need for medical treatment, considering all causes.” Tenn. Code Ann. § 50-

6-102(12)(C).

Mr. Glenn admitted he had no expert opinion or evidence causally linking the

alleged work incidents to the diagnoses and treatment documented in his medical records.

These two essential facts were admitted when he failed to respond to Conns’s admission

request. Holt v. Quality Floor Coverings, LLC, 2022 TN Wrk. Comp. App. Bd. LEXIS 19,

at *3 (May 6, 2022). With that admission, Conns demonstrated his evidence is insufficient

to prove medical causation, which is an essential element of his claim.

Since Conns met its burden, Mr. Glenn “may not rest upon the mere allegations or

denials of [his] pleading.” Rye, at 265. Rather, he must produce affidavits, pleadings,

depositions, responses to interrogatories, or admissions that set forth specific facts showing

that there is a genuine issue for trial. Tenn. R. Civ. P. 56.06. If not, “summary judgment, if

appropriate, shall be entered” against him. Id.

The Court finds summary judgment is appropriate because Mr. Glenn has not

opposed Conns’s motion with specific facts showing a genuine issue exists for trial. Rather,

he has rested solely on allegations and medical records, which are insufficient to survive

summary judgment. Thus, Conns is entitled to summary judgment as a matter of law.

IT IS ORDERED as follows:

1. Mr. Glenn’s claim for workers’ compensation benefits is dismissed with prejudice

to its refiling.

2. Unless appealed, this order shall become final thirty days after issuance.

3. The filing fee of $150.00 is taxed to Conns, Inc. under Tennessee Compilation Rules

and Regulations 0800-02-21-.07, to be paid to the Court Clerk and for which

execution might issue as necessary.

4. Conns, Inc. shall prepare and file the SD-2 with the Court Clerk within ten days of

this order becoming final.

ENTERED May 9, 2023.

______________________________________

Joshua Davis Baker, Judge

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on May 9, 2023.

Name Certified Fax Email Service sent to:

Mail

Terrance Glenn, X terrenceglenn29@gmail.com

Employee

Paul Nicks, X pnicks@travelers.com

Employer’s Attorney

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

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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