Opinion

Rucker, Willie v. Federal Express Corporation

  • 2024 TN WC App. 3
Court
Tennessee Workers' Compensation Appeals Board
Filed
Feb 12, 2024
Status
Published
On the bench
Timothy W. Conner, Meredith B Weaver, Pele I. Godkin
Cited by
0 cases
Authority
More cited than 15.2%

The opinion

FILED

Feb 12, 2024

12:30 PM(CT)

TENNESSEE

WORKERS' COMPENSATION

APPEALS BOARD

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

WORKERS’ COMPENSATION APPEALS BOARD

Willie Rucker, Jr. ) Docket No. 2021-08-0611

)

v. ) State File No. 46819-2020

)

Federal Express Corporation, et al. )

)

)

Appeal from the Court of Workers’ )

Compensation Claims )

Thomas L. Wyatt, Judge )

Affirmed and Certified as Final

The employee reported suffering several injuries, including to his head and neck, while

working for the employer as a package handler. His claim was accepted as compensable

and medical benefits were provided. After the authorized physicians treated and released

the employee, he suffered one or more strokes, which he attributed to the work accident.

After the trial court entered an order denying the employee’s claim for temporary

disability and medical benefits, which we affirmed, the employer filed a motion for

summary judgment, asserting that the employee had come forward with no expert

medical opinion causally relating his strokes and associated medical conditions to the

work accident. The trial court then granted the motion for summary judgment and

dismissed the petition for benefits related to the employee’s strokes while leaving open

his entitlement to future medical benefits related to the work accident. The employee has

appealed. Having carefully reviewed the record, we affirm the trial court’s decision and

certify the order granting summary judgment as final.

Presiding Judge Timothy W. Conner delivered the opinion of the Appeals Board in which

Judge Pele I. Godkin and Judge Meredith B. Weaver joined.

Willie Rucker, Jr., Memphis, Tennessee, employee-appellant, pro se

Stephen P. Miller and Joseph B. Baker, Memphis, Tennessee, for the employer-appellee,

Federal Express Corporation

1

Factual and Procedural Background

Willie Rucker, Jr. (“Employee”), reported an accident on July 18, 2020, while

working at Federal Express Corporation (“Employer”), when a heavy package fell and

struck him on his head and upper body. Following this incident, Employer provided

Employee with panels of orthopedic and neurology specialists, and Employee selected

Dr. Riley Jones and Dr. Alan Nadel, respectively, as his authorized treating physicians.

At his initial appointment with Dr. Jones, an orthopedic surgeon, in August 2020,

Employee complained of pain in his low back and neck. Dr. Jones ordered MRIs of

Employee’s back, neck, and pelvis, as well as EMGs of his extremities and a bone scan.

He also ordered physical therapy. In December 2020, Dr. Jones noted that the EMG

results were normal and opined that Employee’s orthopedic complaints were

degenerative, “non-acute,” and did not meet “the 51% causation rule.”

Employee also treated with Dr. Nadel during this time for his neurologic

complaints. At Employee’s initial appointment on September 3, 2020, Dr. Nadel

diagnosed Employee with a mild post-trauma headache “without any residual neurologic

deficit.” After several additional appointments, Dr. Nadel concluded in January 2021

that Employee’s physical examination was “really unremarkable.” Dr. Nadel completed

a Final Medical Report (Form C30A) on that same date releasing Employee at maximum

medical improvement and assigning no permanent medical impairment.

Approximately two months after both treating physicians had released Employee

from their care, Employee suffered a stroke that he believed was caused by the July 2020

work accident. 1 At an expedited hearing convened to address Employee’s request for

additional medical care and temporary disability benefits, Employee introduced medical

records from March 2021, wherein he was diagnosed with an acute ischemic stroke, but

those records contained no statement addressing the cause of the stroke. Employee

testified he had never had a stroke prior to the work incident in 2020 and believed the

stroke was related to the head injury he had sustained at work. In response, Employer

relied on the medical opinions of both Dr. Jones and Dr. Nadel, as well as medical

records from 2015 indicating Employee had suffered from an “acute cerebrovascular

incident” following a home invasion and burglary.

Following the expedited hearing, the trial court entered an order denying the

requested disability and medical benefits, stating Employee had presented no expert

medical proof to support his contention that his stroke was causally related to the work

incident. It further relied on Dr. Nadel’s medical records indicating there were no

objective neurological findings and releasing Employee from his care. On appeal, we

1

There are indications in the record that Employee may have suffered two strokes: one in March 2021

and a second in November 2021.

2

affirmed the trial court’s order and remanded the case. Thereafter, Employer filed a

motion for summary judgment, arguing that Employee was unable to come forward with

expert medical evidence supporting his contention that the March 2021 stroke or any

subsequent stroke was causally related to the July 2020 work accident.

In response to Employer’s motion for summary judgment, Employee filed a

statement in which he asserted Employer improperly relied on medical records from a

prior incident. He also argued that Dr. Jones and Dr. Nadel had given “false results”

about the work injury. Finally, he claimed he had been seen by a “Dr. Roberson,” who

had “found my injury was work related.” He claimed Employer “stop[ped] me from

seeing [Dr. Roberson].” Employee did not file responses to Employer’s Statement of

Undisputed Facts as required by Rule 56.03 of the Tennessee Rules of Civil Procedure.

He also did not file or rely on any affidavits, deposition transcripts, answers to

interrogatories, or admissions as contemplated in Rule 56.04, or assert there were any

disputed issues of material fact.

Thereafter, the trial court entered an order granting Employer’s motion and

dismissing Employee’s petition seeking benefits related to his strokes but leaving open

Employee’s entitlement to future medical benefits causally related to the July 2020 work

accident. Employee has appealed.

Standard of Review

The standard we apply in reviewing the trial court’s decision presumes that the

court’s factual findings are correct unless the preponderance of the evidence is otherwise.

See Tenn. Code Ann. § 50-6-239(c)(7) (2023). However, the interpretation and

application of statutes and regulations are questions of law that are reviewed de novo

with no presumption of correctness afforded the trial court’s conclusions. See Mansell v.

Bridgestone Firestone N. Am. Tire, LLC, 417 S.W.3d 393, 399 (Tenn. 2013). The grant

or denial of a motion for summary judgment likewise is a question of law that we review

de novo with no presumption that the trial court’s conclusions are correct. See Rye v.

Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 250 (Tenn. 2015). As such,

we “make a fresh determination of whether the requirements of Rule 56 of the Tennessee

Rules of Civil Procedure have been satisfied.” Id. We are also mindful of our obligation

to construe the workers’ compensation statutes “fairly, impartially, and in accordance

with basic principles of statutory construction” and in a way that does not favor either the

employee or the employer. Tenn. Code Ann. § 50-6-116 (2023).

Analysis

In his notice of appeal, Employee asserted that he “never recover[ed] from” his

work injury, that he is “still having problems” with pain in his head, and that he suffers

from a bulging disc in his neck, “severe damage” to his right leg, and a “severe shoulder

3

rotator cuff tear.” He also asserted that he “can’t think,” has “vision damage,” and

suffers from impaired balance. In addition to his notice of appeal, Employee also filed

certain handwritten statements that we elected to treat as his brief on appeal. In the first

such statement, Employee asserted he suffers from a “blood clot in my lung on right

side.” He also claims he can no longer work due to the July 2020 accident. In another

statement, Employee argues that Drs. Jones and Nadel “overlooked the damages” caused

by the work accident and that he also suffers from a blood clot in his brain.

However, in none of the statements Employee submitted on appeal did he explain

how he believed the trial court erred in granting summary judgment as to the claims

related to the strokes. Moreover, following the filing of Employer’s motion for summary

judgment, Employee did not file responses to the statements of undisputed facts, and he

offered the trial court no evidence creating any genuine issue as to any material fact.

It is well settled that an appellate court cannot act as a party’s attorney. As

explained by the Tennessee Supreme Court, “[i]t is not the role of the courts, trial or

appellate, to research or construct a litigant’s case or arguments for him or her.” Sneed v.

Bd. of Prof’l Responsibility of the Supreme Court of Tenn., 301 S.W.3d 603, 615 (Tenn.

2010). Were we to search the record and raise issues and arguments for Employee, we

would be acting as his counsel, which the law prohibits. Webb v. Sherrell, No. E2013-

02724-COA-R3-CV, 2015 Tenn. App. LEXIS 645, at *5 (Tenn. Ct. App. Aug. 12, 2015).

Moreover, although parties who decide to represent themselves are entitled to fair and

equal treatment, see Whitaker v. Whirlpool Corp., 32 S.W.3d 222, 227 (Tenn. Ct. App.

2000), “courts must not excuse [self-represented] litigants from complying with the same

substantive and procedural rules that represented parties are expected to observe,”

Hessmer v. Hessmer, 138 S.W.3d 901, 903-04 (Tenn. Ct. App. 2003) (citations omitted).

Here, Employee has expressed his belief that his current medical conditions were

caused by the July 2020 work accident. However, this subjective belief, no matter how

sincerely held, is not a sufficient basis to support his claim for workers’ compensation

benefits. Arciga v. AtWork Personnel Servs., No. 2015-02-0217, 2016 TN Wrk. Comp.

App. Bd. LEXIS 6 (Tenn. Workers’ Comp. App. Bd. Feb. 2, 2016). Instead, after

Employer filed a properly supported motion for summary judgment, Employee was

required to come forward with sufficient evidence to indicate there is a genuine issue of

material fact as to whether his current medical conditions arose primarily from the work

accident. See, e.g., Orman v. Williams Sonoma, Inc., 803 S.W.2d 672, 676 (Tenn. 1991).

He did not do so. In short, we conclude the trial court did not err in granting Employer’s

motion for summary judgment as to all claims related to Employee’s strokes.

Conclusion

For the foregoing reasons, we affirm the trial court’s order and certify it as final.

Costs on appeal have been waived.

4

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

WORKERS’ COMPENSATION APPEALS BOARD

Willie Rucker, Jr. ) Docket No. 2021-08-0611

)

v. ) State File No. 46819-2020

)

Federal Express Corporation, et al. )

)

)

Appeal from the Court of Workers’ )

Compensation Claims )

Thomas L. Wyatt, Judge )

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Appeals Board’s decision in the referenced

case was sent to the following recipients by the following methods of service on this the 12th day

of February, 2024.

Name Certified First Class Via Via Sent to:

Mail Mail Fax Email

Willie Rucker, Jr. X willruck777@gmail.com

Stephen P. Miller X smiller@mckuhn.com

jbaker@mckuhn.com

mdoherty@mckuhn.com

Thomas L. Wyatt, Judge X Via Electronic Mail

Kenneth M. Switzer, Chief Judge X Via Electronic Mail

Penny Shrum, Clerk, Court of X penny.patterson-shrum@tn.gov

Workers’ Compensation Claims

Olivia Yearwood

Clerk, Workers’ Compensation Appeals Board

220 French Landing Dr., Ste. 1-B

Nashville, TN 37243

Telephone: 615-253-1606

Electronic Mail: WCAppeals.Clerk@tn.gov

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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