The opinion
FILED
May 24, 2023
08:00 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
SHEAKENIA BROWN, ) Docket No.: 2022-08-1105
Employee, )
v. )
RED ROOF INN, ) State File No.: 69254-2022
Employer, )
And )
TRAVELERS CASUALTY, ) Judge Thomas Wyatt
Carrier. )
EXPEDITED HEARING ORDER
(DECISION ON THE RECORD)
Sheakenia Brown requested an expedited hearing based on a review of the record.
Red Roof Inn agreed. The issues were whether Ms. Brown will likely prevail at a hearing
on the merits in proving that she suffered injury in a fall at work and that her alleged injury
arose primarily out of and in the course and scope of employment. For the reasons below,
the Court denies Ms. Brown’s claim at this time.
History of Claim
Procedural History
Ms. Brown seeks benefits for spine, leg, and head injuries that allegedly occurred
when she slipped and fell in water on September 18, 2022. Red Roof initially paid medical
benefits but denied the claim after receiving statements from coworkers that Ms. Brown
staged the fall and was not injured as she claimed.
Ms. Brown filed her own affidavit and supporting medical records. A Docketing
Notice set a schedule by which the parties could submit evidence and file position
statements and objections. Red Roof filed affidavits of its manager and three employees
in support of its position.
Ms. Brown then moved to file transcripts of recorded statements given by her and
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four Red Roof coworkers, three of whom gave affidavits already filed by Red Roof. Red
Roof objected, arguing that the transcripts were filed too late, and that Ms. Brown did not
show that the transcripts were accurate. The transcripts of Ms. Brown and the three affiants
were admitted but only as rebuttal evidence to their affidavits. 1 Neither party objected to
other evidence in the record.
Factual History
Ms. Brown worked as a housekeeper for Red Roof for approximately ten months
before the date of the alleged injury. She received wages plus free lodging for
compensation.
Ms. Brown stated that on the day of her injury she went to the laundry room. She
noticed that two coworkers were pushing water out of the room. The water had spilled
from a broken wash machine. She alleged that she began loading her cart and, after the co-
workers left, she slipped in water that remained where she parked her cart.
Ms. Brown stated she fell backward and hit her head on the floor, leaving her
momentarily unconscious. When she awoke, she became aware of head, side, back, and
leg pain. She asked a coworker to call an ambulance. Ms. Brown’s manager, Andy Patel,
came to the scene as she lay on a stretcher.
Ms. Brown’s coworkers Natasha Lytle, Sandra Robinson, and Chandra Shaw
confirmed that a wash machine had broken and spilled water on the floor on the morning
Ms. Brown allegedly fell. However, they claimed that Ms. Shaw and another coworker
swept all the water out of the room and dried the floor before Ms. Brown’s alleged fall.
Ms. Lytle testified that she was cleaning near the laundry room when she heard Ms.
Brown call her name. She found Ms. Brown lying on the floor near her cart. She said just
a little water was on the floor where Ms. Brown “supposedly” fell and added, “it didn’t
look right.”
Ms. Robinson also testified that she saw Ms. Brown on the floor. She said “some
water” was on the floor where Ms. Brown lay and speculated it may have come from Ms.
Brown’s mop bucket, which was empty. Ms. Robinson claimed that Ms. Brown texted her
photographs of water on the floor before the alleged fall and that Ms. Brown had said she
“would get money from Andy.” 2
Ms. Shaw said that after hearing Ms. Brown had fallen, she went to the laundry
1
A review of the transcripts revealed no material discrepancies with the declarants’ affidavits.
2
The record does not contain those photographs or confirmation from the parties’ phones that photos were
taken and sent as Ms. Robinson claimed.
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room and saw Ms. Brown on the floor. She noticed water where Ms. Brown fell and
believed it had come from Ms. Brown’s mop bucket, which was empty. She stated the
water did not come from the wash machine because she and a coworker had removed all
the water before Ms. Brown fell. She claimed that Ms. Brown stated after she fell that she
was “going to get my money.”
The ambulance crew who treated Ms. Brown noted that she reported slipping in
water and hitting her head. They did not record any back pain and wrote that she rose from
the floor with little or no help before lying down on a stretcher. They transported Ms.
Brown to the hospital.
Hospital staff recorded that Ms. Brown reported falling and hitting her head when
she slipped in water. They noted that she said she was “out” momentarily but did not
completely lose consciousness. A brain CT scan and lumbar spine x-rays revealed no
injuries. The staff diagnosed Ms. Brown with head, back, and pelvic bruises, prescribed
pain medication, and said she could return to work in a week without restrictions.
A few weeks later, Ms. Brown attended two authorized visits at a clinic. She told
providers that she fell at work and primarily reported back pain. They diagnosed a low
back strain and sciatic nerve injury and placed work restrictions.
Ms. Brown claimed that Mr. Patel became irate when she filed her workers’
compensation claim and told her he would not let her return to work unless she dropped it.
She also stated that he told her she could not return to work until she was released without
restrictions, and she would have to vacate her room.
Mr. Patel denied that he told Ms. Brown she had to drop her claim to return to work.
On the contrary, he gave her two to three weeks to see if she could get a full release to
return to work. However, he admitted telling Ms. Brown to leave her room because she
was not working and was rude to her coworkers.
Red Roof denied Ms. Brown’s claim on October 17. The notice claimed that Ms.
Brown intentionally injured herself and/or her work activity was not the major contributing
factor to her need for treatment.
Findings of Fact and Conclusions of Law
To recover benefits, an employee must prove that she suffered an injury by accident
that arose primarily out of and in the course and scope of employment. Tenn. Code Ann.
§ 50-6-102(12) (2022). Proof of causation of the injury requires medical expert testimony,
based on a reasonable degree of medical certainty, that the employment contributed more
than fifty percent to the cause of the employee’s alleged injury, disability, and/or need for
treatment, considering all causes. Id.
3
The employee has the burden of proving all elements of her claim. Scott v. Integrity
Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 2015). At
an Expedited Hearing, the employee must show that she will likely prevail at a hearing on
the merits in proving the essential elements of the claim. Tenn. Code Ann. § 50-6-
239(d)(1).
The Court holds that Ms. Brown failed to carry her burden of proving she will likely
prevail at trial in her claim for benefits. Ms. Brown alleged that she slipped and fell on
spilled water from a broken wash machine. However, nobody saw her fall. Her coworkers
said they dried the floor before she fell and raised the possibility that Ms. Brown staged
the fall to fulfill her alleged previous promise to “get money from [Red Roof’s manager]
Andy.”
The record here creates a classic “swearing match” as to a critical issue—whether
the laundry room floor was dry when Ms. Brown allegedly fell. In Secrest v. Haynes, 2003
Tenn. App. LEXIS 208, at *14-15 (Tenn. Ct. App. 2003), the Court of Appeals provided
two “weapons” available to a trial court to assess contradictory testimony. First, the court
can consider whether the testimony of a witness has “internal inconsistencies” that erode
confidence in its accuracy. Second, the Court can consider whether testimony aligns with
physical and documentary evidence in the record.
Here, the testimony consists of affidavits and recorded statements that were not
tested by cross-examination. As a result, the Court did not have sufficient opportunity to
address the evidence as described above. On this record, the Court cannot hold that Ms.
Brown will likely prevail at a hearing on the merits in proving that she was injured as she
said.
The Court also holds that Ms. Brown failed to carry her burden of proving causation.
While the medical documentation contains Ms. Brown’s history of a fall and certain
diagnoses, it does not give a medical opinion that her diagnoses arose primarily due to her
alleged fall. A record’s mere recital of the employee’s history of injury along with the
doctor’s diagnoses does not, standing alone, prove that the diagnosed conditions arose
primarily out of and in the course and scope of employment.
To receive benefits, Ms. Brown must provide specific medical expert testimony that
her alleged fall contributed more than fifty percent to the causation of the conditions that
allegedly disable her and require treatment. That requisite evidence does not exist in this
record.
IT IS, THEREFORE, ORDERED as follows:
1. At this time, the Court denies the relief sought by Sheakenia Brown.
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2. This case is set for a Status Hearing on August 25, 2023, 2020, at 9:00 a.m. Central
Time/10:00 a.m. Eastern Time. The parties must call (615) 741-3061 or toll-free
at (855) 747-1721 to participate. Failure to call might result in a determination of
the issues without the party’s participation.
ENTERED May 24, 2023.
Thomas Wyatt
______________________________________
JUDGE THOMAS WYATT
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Affidavit of Sheakenia Brown
2. Affidavit of Sandra Robinson
3. Affidavit of Natasha Lytle
4. Affidavit of Chandra Shaw
5. Affidavit of Andy Patel
6. Transcript of recorded statement of Sheakenia Brown
7. Transcript of recorded statement of Sandra Robinson
8. Transcript of recorded statement of Natasha Lytle
9. Transcript of recorded statement of Chandra Shaw
10. Wage Statement
11. Collective medical records and bills
• Memphis Emergency Services
• Methodist South Healthcare
• Concentra Medical Center
Technical record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Show Cause Order
4. Docketing Notice—Show Cause Hearing
5. Employee’s Motion for an Enlargement of Time to Request Expedited Hearing
6. Red Roof’s Response to Motion for an Enlargement of Time
7. Order extending Ms. Brown’s time to request Expedited Hearing
8. Employee’s Motion Requesting Expedited Hearing (Decision on the Record)
9. Red Roof’s Response to Request for Expedited Hearing
10. Docketing Notice for on the Record Determination
11. Employee’s Motion for Enlargement of Time to File Additional Records for
Consideration in Expedited Hearing
12. Red Roof’s Response to Motion for Enlargement of Time
13. Red Roof’s Motion in Limine
14. Employee’s Response (to Motion in Limine)
15. Red Roof’s Expedited Hearing Brief
16. Order (Motion for Enlargement of Time and Motion in Limine)
17. Red Roof’s Supplemental Expedited Hearing Pre-Trial Brief
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on May 24, 2023.
Name U.S. Mail Email Service sent to:
Femi Salu X salu@salulawfirm.com
Employee’s Attorney
Paul Nicks X pnicks@travelers.com
Employer’s Attorney
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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Expedited Hearing Order Right to Appeal:
If you disagree with this Expedited Hearing Order, you may appeal to the Workers’
Compensation Appeals Board. To appeal an expedited hearing order, 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 seven business days of the
date the expedited hearing order was filed. When filing the Notice of Appeal, you must
serve a copy upon all parties.
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 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 the 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. If a transcript of
the proceedings is to be filed, a licensed court reporter must prepare the transcript and file
it with the court clerk within ten business days of the filing the Notice of
Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both
parties within ten business 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 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. If you wish to file a position statement, you must file it with the court clerk within ten
business days after the deadline to file a transcript or statement of the evidence. The
party opposing the appeal may file a response with the court clerk within ten business
days after you file your position statement. All position statements should include: (1) a
statement summarizing the facts of the case from the evidence admitted during the
expedited hearing; (2) a statement summarizing the disposition of the case as a result of
the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an
argument, citing appropriate statutes, case law, or other authority.
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 *
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
Tennessee Bureau of Workers’ Compensation
220 French Landing Drive, I-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 Comp.$ ________ per month beginning
Other $ ________ per month beginning
LB-1108 (REV 11/15) RDA 11082
9. My expenses are:
Rent/House Payment $ ________ per month Medical/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
_______ day of , 20_______.
NOTARY PUBLIC
My Commission Expires:
LB-1108 (REV 11/15) RDA 11082