Opinion

Sanders, Andrea v. TJX Co., Inc.

  • 2024 TN WC 42
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 24, 2024
Status
Published
On the bench
Allen Phillips
Cited by
0 cases

The opinion

FILED

May 24, 2024

01:20 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

ANDREA SANDERS, ) Docket No. 2023-08-5028

Employee, )

v. )

TJX CO., INC., ) State File No. 48532-2023

Employer, )

And )

AMERICAN ZURICH INS. CO., ) Judge Allen Phillips

Carrier. )

)

EXPEDITED HEARING ORDER DENYING BENEFITS

Ms. Sanders requested medical and temporary disability benefits for an injury she

said was caused by a falling wire. TJX contended the falling wire did not injure her. After

an Expedited Hearing on May 21, 2024, the Court holds Ms. Sanders likely would not

prevail at trial and is not entitled to the requested benefits.

History of Claim

In her petition, Ms. Sanders alleged that on June 27, 2023, a wire with an attached

plug fell from the ceiling while she was standing at her desk with her back turned. Ms.

Sanders wrote that the falling wire “swung from around [her] desk” and hit a male co-

worker, who then “bumped” her desk. That in turn caused her neck to pop and strike her

buttocks on the desk.

Ms. Sanders reported the injury that day, and TJX sent her to a walk-in clinic. The

walk-in clinic recorded that Ms. Sanders said an “electrical plug” fell from the ceiling and

“struck her L shoulder area causing her to fall back on to something.” The diagnosis was a

cervical strain, and Ms. Sanders was allowed to return to full activities the next day.

A June 30 record from the clinic reads, “she was struck with the electrical cord” and

“thrown back on a table.” The diagnosis remained a cervical strain, and Ms. Sanders was

discharged to work full-duty. Before leaving, she asked if she should “go to the ER” to

1

make sure she had not been electrocuted; the provider said there was no evidence of

electrocution. The provider also wrote that TJX had informed the clinic that a video showed

the wire did not strike Ms. Sanders.

Ms. Sanders offered only one other record, from an August 19 emergency room

visit. There, she complained of back and neck pain that began “three weeks” earlier. Ms.

Sanders reported “another person was hit with an object at work and fell into her.” The

note does not document a diagnosis or examination. A bill for that visit is the only bill in

evidence.

At the hearing, Ms. Sanders testified that when the wire fell, it “pulled something

back,” causing her to fall backwards and strike her neck and back. Ms. Sanders said that

the wire did not strike her directly, but the co-worker “may” have hit her desk. She also

said that she “knew they were going to watch [the] camera,” so she had to report the

incident.

On cross-examination, Ms. Sanders repeatedly said she “can’t recall” if the wire hit

her. However, she admitted that, in her deposition, she testified that she was “100% sure”

it did. She also admitted she testified in her deposition that the fall was the “hardest fall in

her life.” She admitted having seen the video when deposed but claimed she did not know

if it showed the wire striking her.

For its part, TJX offered the video. It showed Ms. Sanders standing in a cubicle

speaking with a male standing three to four feet to her right. Two connected cables with

what appeared to be electrical plugs at their ends are seen draped over the right-rear corner

of the cubicle’s back wall. Ms. Sanders leaned her lower back against what appears to be

a table sitting in front of the back wall, and shortly after the cables came loose. They swung

a short distance, and the plugs at the ends struck the male on his left arm. The male did not

fall, and he did not touch Ms. Sanders or the table. Ms. Sanders did not look towards the

male or react to his being struck for approximately two seconds and then stepped to her left

as if startled.

Ms. Sanders did not dispute she was depicted in the video but said it does not show

the “power” or “electricity” may have knocked her back. She again claimed she may have

been electrocuted but admitted she had no burns on her body.

Ms. Sanders wanted TJX to pay the emergency room bill, offer further medical

evaluation, and pay her for being off work since the incident. However, she admitted she

had worked some temporary jobs, without elaborating on the dates, since the accident.

Findings of Fact and Conclusions of Law

At this expedited hearing, Ms. Sanders must show she would likely prevail at trial.

2

Wilson v. Randstad, Inc., 2022 TN Wrk. Comp. App. Bd. LEXIS 42, at *15 (Dec. 19,

2022). In addition, she must offer evidence of a specific incident, identifiable by time and

place of occurrence, that caused the alleged injury. Id. at *16.

Ms. Sanders repeatedly offered inconsistent versions of the incident, both before

and during the hearing. Those inconsistencies and the video compel a finding that she is

not credible. The Court watched the video three times at the hearing and multiple times

afterwards. It shows that the wire did not strike Ms. Sanders, and she did not fall. It also

does not show the co-worker either fell or in any way touched the table near Ms. Sanders.

Thus, in the absence of any evidence of an incident, Ms. Sanders did not show she

would likely prevail at trial, and the Court denies her request for benefits.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Sanders’s request for benefits is denied.

2. The Court sets a Status Hearing for Tuesday, July 23, 2024, at 9:30 a.m. Central

Time. The parties must call 731-422-5263 or 855-543-5038 to participate.

ENTERED May 24, 2024.

______________________________________

JUDGE ALLEN PHILLIPS

Court of Workers’ Compensation Claims

APPENDIX

Exhibits

1. Collective medical records

2. Wage statement

3

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on May 24, 2024.

Name Email Service Sent To:

Andrea Sanders, X 5282 Lakeview, Horn Lake, MS 38637

Employee sanderandrea77@gmail.com

David Riley, Employer’s Attorney X driley@gwtclaw.com

______________________________________

Penny Shrum, Court Clerk

Wc.courtclerk@tn.gov

4

Right to Appeal:

If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation

Appeals Board. To do so, you must:

1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the

Court of Workers’ Compensation Claims before the expiration of the deadline.

 If the order being appealed is “expedited” (also called “interlocutory”), or if the

order does not dispose of the case in its entirety, the notice of appeal must be filed

within seven (7) business days of the date the order was filed.

 If the order being appealed is a “Compensation Order,” or if it resolves all issues

in the case, the notice of appeal must be filed within thirty (30) calendar days of

the date the Compensation Order was filed.

When filing the Notice of Appeal, you must serve a copy on 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 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 are responsible for ensuring a complete record is presented on appeal. If no court

reporter was present at the hearing, you may request from the Court Clerk the audio

recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your

appeal, which the Appeals Board has emphasized is important for a meaningful review of

the case, a licensed court reporter must prepare the transcript, and you must file it with the

Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,

and you will receive notice once it has been submitted. For deadlines related to the filing of

transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the

Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)

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.

If neither party timely files an appeal with the Appeals Board, the Court Order

becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory

orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).

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

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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