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
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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.
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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
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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