Opinion

Fowler, Alayna v. CRACKER BARREL OLD COUNTRY STORE, INC.

  • 2024 TN WC 16
Court
Tennessee Court of Workers' Compensation Claims
Filed
Mar 5, 2024
Status
Published
On the bench
Robert Durham
Cited by
0 cases
Authority
More cited than 15.5%

The opinion

FILED

Mar 05, 2024

02:51 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT COOKEVILLE

ALAYNA FOWLER, ) Docket No.: 2022-04-0172

Employee, )

v. ) State File No.: 32598-2019

CRACKER BARREL OLD )

COUNTRY STORE, INC., ) Judge Robert Durham

Self-Insured Employer. )

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

The Court held a hearing on February 26, 2024, on Cracker Barrel’s Motion for

Summary Judgment as to Ms. Fowler’s claims for injuries to her left foot and ankle. The

Court holds that Cracker Barrel must pay Ms. Fowler permanent partial disability benefits,

including increased benefits, based on an impairment of 1% as well as reasonable and

necessary medical treatment for her work-related injury. However, the Court grants Cracker

Barrel summary judgment on Ms. Fowler’s entitlement to additional temporary disability

benefits or benefits for any other alleged injuries from the April 2019 incident.

History of Claim

On April 29, 2019, Ms. Fowler rolled her left ankle while working at Cracker

Barrel’s distribution center. She received authorized care from Dr. Marc Tressler. Cracker

Barrel filed a C-32 medical form prepared by Dr. Tressler. He placed Ms. Fowler at

maximum medical impairment on December 15, 2021, and assigned a 1% impairment due

to a tendon contracture in her left foot that he attributed to her work-related ankle sprain.

He also diagnosed tarsal tunnel syndrome, but he could not relate this condition to Ms.

Fowler’s injury to a reasonable degree of medical certainty.

Cracker Barrel filed a motion for summary judgment that conceded Ms. Fowler’s

entitlement to permanent partial disability and medical benefits based on Dr. Tressler’s C-

32. Cracker Barrel also filed a Medical Impairment Rating Registry report from Dr. Paul

Grutter and a Rule 72 Statement from the adjuster affirming that Cracker Barrel paid all

authorized medical expenses and temporary disability benefits owed to Ms. Fowler at a

compensation rate of $542.01. In its Statement of Undisputed Facts, Cracker Barrel also

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admitted that Ms. Fowler was not making her preinjury wages on the day her compensation

period ended, which entitles her to increased benefits based on lack of return to work and

her age.

Ms. Fowler did not submit any discovery responses, depositions, affidavits, or C-32

reports to counter the records described above. Ms. Fowler’s responses to Cracker Barrel’s

Statement of Undisputed Facts merely quoted medical records or contained allegations

unsupported by admissible evidence.

Law and Analysis

To prevail on her claim for benefits beyond those agreed to by Cracker Barrel, Ms.

Fowler must prove causation and impairment to a “reasonable degree of medical certainty,”

which requires an expert medical opinion. Tenn. Code Ann. § 50-6-102(12)(C) (2023).

Cracker Barrel asserts the admissible medical proof shows that Ms. Fowler only sustained

a 1% impairment from her injury and her tarsal tunnel syndrome is not work-related.

Summary judgment is only 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 (2023).

To succeed on its motion, Cracker Barrel must do one of two things: (1) submit

affirmative evidence that negates an essential element of Ms. Fowler’s claims; or (2)

demonstrate that Ms. Fowler’s evidence is insufficient to establish an essential element of

her claim. Tenn. Code Ann. § 20-16-101. If Cracker Barrel meets its burden, then Ms.

Fowler must “demonstrate the existence of specific facts in the record which could lead a

rational trier of fact to find in [her favor].” Rye v. Women’s Care Ctr. of Memphis, MPLLC,

477 S.W.3d 235, 265 (Tenn. 2015). The Court must view the evidence in the light most

favorable to Ms. Fowler and must also draw all reasonable inferences in her favor. McCann

v. Hatchett, 19 S.W.3d 218, 219 (Tenn. 2000).

Based on the undisputed facts, Cracker Barrel met both elements of summary

judgment for this claim.

First, Cracker Barrel submitted a written medical report from Dr. Tressler. He

determined maximum medical improvement, assigned a 1% impairment rating for the work-

related injury, and said he could not, within a reasonable degree of medical certainty,

attribute the tarsal tunnel syndrome to Ms. Fowler’s employment. The Medical Impairment

Rating Registry report from Dr. Grutter also assigned a 1% impairment. Finally, Cracker

Barrel included a statement under Rule 72 of the Tennessee Rules of Civil Procedure from

the adjuster affirming that Cracker Barrel paid all temporary disability benefits owed under

Tennessee law.

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Thus, Cracker Barrel offered affirmative evidence negating Ms. Fowler’s claim for

additional temporary and permanent partial disability benefits as well as medical treatment

for the tarsal tunnel syndrome.

Second, Ms. Fowler did not submit any information that might constitute expert

opinions in the form of a pleading, admission, interrogatory response, affidavit, deposition,

or medical report under section 50-6-235 to dispute Cracker Barrel’s evidence. Therefore,

Cracker Barrel met the second element of summary judgment by establishing as a matter of

law that Ms. Fowler has insufficient evidence to establish essential elements of her claims.

Cracker Barrel’s motion for summary judgment is granted.

IT IS, THEREFORE, ORDERED that:

1. The Court grants Cracker Barrel’s Motion for Summary Judgment on the issues of

additional temporary disability benefits, additional permanent partial disability

benefits, and future medical treatment for Ms. Fowler’s tarsal tunnel syndrome.

2. Cracker Barrel shall pay Ms. Fowler permanent partial disability benefits based on a

compensation rate of $542.01 and a 1% impairment for a total of $2,439.05. Further,

since she did not return to work at a pre-injury wage before her compensation period

ended and is over the age of 40, she shall receive increased benefits under section

50-6-207(3)(B) for a total award of $3,951.25.

3. Lena Buck, Ms. Fowler’s counsel, may receive 20% percent attorney’s fees, or

$790.25.

4. Dr. Tressler shall remain Ms. Fowler’s authorized physician for any reasonable and

necessary treatment for her work-related injury to her left ankle and foot.

5. Cracker Barrel shall pay costs of $150.00 to the Court Clerk within five business

days.

6. Cracker Barrel shall prepare and submit the SD-2 within ten days of the date of

judgment.

7. Unless appealed, this order becomes final in 30 days.

ENTERED March 5, 2024.

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____________________________________

Robert V. Durham, Judge

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as indicated on March 5, 2024.

Name Certified Fax Email Service sent to:

Mail

Lena Ann Buck, X lenaannbuck@yahoo.com

Employee’s Attorney

Taylor Pruitt, X trp@feeneymurray.com

Employer’s Attorney

_____________________________________

Penny Shrum, Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

4

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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