Mitchell, Lawrence v. Waupaca Foundry, Inc. , 2022 TN WC 23 ( 2022 )


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  •                                                                                   FILED
    Mar 04, 2022
    02:16 PM(ET)
    TENNESSEE COURT OF
    WORKERS' COMPENSATION
    CLAIMS
    TENNESSEE BUREAU OF WORKERS’ COMPENSATION
    IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
    AT CHATTANOOGA
    Lawrence Mitchell,                              )   Docket No. 2018-01-0859
    Employee,                           )
    v.                                              )
    Waupaca Foundry, Inc.,                          )   State File No. 62070-2018
    Employer,                           )
    And                                             )
    Sentry Casualty Company,                        )   Judge Audrey Headrick
    Carrier.                            )
    COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
    The Court heard Waupaca’s Motion for Summary Judgment on February 28,
    2022. Waupaca argued there is no genuine issue of material fact that Mr. Mitchell
    is entitled to an award of $8,125.59 in permanent partial disability benefits and he
    is entitled to future medical benefits. For the reasons below, the Court agrees and
    grants the motion.
    History
    Waupaca filed a Statement of Undisputed Facts in compliance with
    Tennessee Rules of Civil Procedure 56.03. The Court summarizes them as follows.
    Mr. Mitchell reported right-sided neck pain on August 10, 2018, and
    Waupaca provided authorized treatment with Dr. David Hauge. After diagnostic
    testing, Dr. Hauge diagnosed cervical myofascial pain. Dr. Hauge stated Mr.
    Mitchell was not a surgical candidate due to the lack of acute findings on his cervical
    MRI, instead finding only degenerative conditions.
    Waupaca authorized a second opinion with Dr. Patrick Bolt, who diagnosed
    Mr. Mitchell with a cervical strain and myofascial pain in the right trapezius. He
    also identified the C6-7 cervical spondylosis and foraminal stenosis as degenerative
    1
    in nature and unrelated to Mr. Mitchell’s employment. Likewise, Dr. Bolt stated
    Mr. Mitchell’s carpal tunnel syndrome was not work-related.
    Dr. Hauge completed a C-32 form, in which he agreed with Dr. Bolt. Dr.
    Hauge placed Mr. Mitchell at maximum medical improvement on December 10,
    2019, and assessed a five-percent impairment rating. He also assigned restrictions
    in the medium work category based on a Functional Capacity Evaluation.
    Mr. Mitchell additionally received authorized treatment from Dr. Barry
    Vaughn for right-shoulder symptoms. Dr. Vaughn said his complaints were caused
    by chronic conditions that were neither caused by, aggravated or advanced by Mr.
    Mitchell’s employment.
    Mr. Mitchell’s compensation rate is $590.23, and he returned to work for
    Waupaca earning his pre-injury hourly rate of pay.1 Waupaca overpaid Mr. Mitchell
    $5,154.59 in temporary total disability benefits based on an incorrect average
    weekly wage, entitling it to a credit for the overpayment.
    Waupaca argued those facts showed that Mr. Mitchell is entitled to
    permanent partial disability benefits equal to the five-percent rating, or $8,125.59,
    after applying a credit of $5,154.59, and to open future medical benefits.
    Mr. Mitchell did not file a response in compliance with Rule 56.03 but
    instead filed an email response with unsworn supporting documentation.
    Law and Analysis
    Summary judgment is appropriate when “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 (2021).
    As the moving party, Waupaca must do one of two things to prevail on its
    motion: (1) submit affirmative evidence that negates an essential element of Mr.
    Mitchell’s claim, or (2) demonstrate that Mr. Mitchell’s evidence is insufficient to
    establish an essential element of his claim. 
    Tenn. Code Ann. § 20-16-101
     (2021);
    see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 
    477 S.W.3d 235
    , 264
    (Tenn. 2015). If Waupaca does either or both, Mr. Mitchell must respond by
    producing specific facts showing a genuine issue for trial. Id.; Tenn. R. Civ. P.
    56.06.
    1
    The initial benefit period expired on May 16, 2020 (450 weeks x 5% = 22.5 weeks). 
    Tenn. Code Ann. § 50-6-207
    (3)(B).
    2
    Here, the Court finds Waupaca met its burden by demonstrating that Mr.
    Mitchell’s evidence is insufficient to establish he is entitled to any award greater
    than permanent partial disability benefits of $8,125.59 after applying a credit for
    $5,154.59, under Tennessee Code Annotated section 50-6-207(3)(A) and (B).
    Mr. Mitchell did not point to any specific facts that would allow for a greater
    award. He may not rest on the mere allegations of an email but instead must “set
    forth specific facts showing that there is a genuine issue for trial.” Tenn. R. Civ. P.
    56.06. Therefore, the Court holds Waupaca is entitled to summary judgment.
    The Court is aware that Tennessee Code Annotated section 50-6-240 requires
    parties to present proposed settlements to the judge for consideration of whether an
    employee is receiving substantially the benefits he is entitled to under the law.
    However, Rule 56.01 permits a party to seek summary judgment “at any time” if it
    occurs more than thirty days after the filing of the action. Here, summary judgment
    is appropriate, since Waupaca filed a Statement of Undisputed Facts compliant with
    Rule 56.03. Further, the Court does find that in this case Mr. Mitchell is receiving
    substantially the benefits to which he is entitled.
    IT IS, THEREFORE, ORDERED AS FOLLOWS:
    1. Waupaca shall pay Mr. Mitchell permanent partial disability benefits equal
    to a five-percent permanent partial disability, or $13,280.18. After a credit
    of $5,154.59 for overpayment of temporary total disability, this amount
    equals $8,125.59.
    2. Mr. Mitchell shall receive lifetime future medical benefits under Tennessee
    Code Annotated section 50-6-204(a)(1)(A).
    3. Unless appealed, this order shall become final in thirty days.
    4. The Court assesses the $150.00 filing fee against Waupaca under Tennessee
    Compilation Rules and Regulations 0800-02-21-.06, for which execution
    may issue as necessary.
    5. Waupaca must pay the filing fee to the Clerk within five business days of the
    order becoming final.
    6. Waupaca shall file form SD-2 with the Clerk within ten business days of this
    order becoming final.
    3
    It is ORDERED.
    ENTERED March 4, 2022.
    ______________________________________
    Audrey A. Headrick
    Workers’ Compensation Judge
    CERTIFICATE OF SERVICE
    I certify that a copy of the Order was sent as indicated on March 4, 2022.
    Name              U.S. Mail       Email   Service sent to:
    Mitchell Lawrence,           X            X      Mitchell.lawrence3497@yahoo.com
    Employee                                         308 North GA Avenue
    Etowah, TN 37331
    Catheryne Grant,                          X      catherynelgrant@feeneymurray.com
    Taylor Pruitt,                                   trp@feeneymurray.com
    Employer’s Attorneys                             jessica@feeneymurray.com
    /s/Penny Shrum      w/permission JD
    _________________________________
    Penny Shrum, Court Clerk
    WC.CourtClerk@tn.gov
    4
    

Document Info

Docket Number: 2018-01-0859

Citation Numbers: 2022 TN WC 23

Judges: Audrey A. Headrick

Filed Date: 3/4/2022

Precedential Status: Precedential

Modified Date: 3/7/2022