King, Margaret v. Vanderbilt University Medical Center , 2019 TN WC 113 ( 2019 )

FILED
Jul 23, 2019
03:17 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS' COMPENSATION
IN THE COURT OF WORKERS' COMPENSATION CLAIMS
AT MURFREESBORO
MARGARET KING, )
Employee, ) Docket No. 2 01 S-~ fi__J0005
)
v. ) State File No. 7'65-2116
)
VANDERBILT UNIVERSITY ) Judge Robert Durham
MEDICAL CENTER, )
Self-insured Employer. )
COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT
This matter came before the Court on July 11, 2019, upon Vanderbilt University
Medical Center's (VUMC's) Motion for Summary Judgment. VUMC asserts as
undisputed fact that Ms. King did not file a petition for benefit determination (PBD) until
more than one year following its last voluntary payment for her claimed work injury.
Thus, VUMC argues that the statute of limitations expired, which entitles it to summary
judgment as a matter oflaw. For the reasons below, the Court finds VUMC is entitled to
summary judgment.
Procedural History
In support of its motion, VUMC filed a Statement of Undisputed Material Facts
regarding the statute of limitations. Ms. King did not respond. Therefore, the following
facts contained within the Statement are deemed undisputed under Tennessee Rule of
Civil Procedure 56.03: On January 17, 2018, Ms. King filed a PBD asserting that she
suffered a work-related injury to her back on January 26, 2016. VUMC initially accepted
the claim but made its last payment of benefits on November 18, 2016.
At the hearing, Ms. King asserted that the mental stress caused by her financial
losses due to the injury and her inability to find an attorney led to her delay in filing a
PBD ..
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Legal Analysis
Tennessee Code Annotated section 50-6-203(b )(2) provides that when benefits are
initially paid, a claim shall be forever barred unless a PBD is filed within one year of the
date of the last payment for compensation or treatment. VUMC is entitled to summary
judgment on the issue of statute of limitations if the record before the Court establishes
there are no genuine issues as to material facts, and VUMC is entitled to judgment as a
matter of law.
Here, the undisputed facts establish that Ms. King waited more than one year after
VUMC's last payment for treatment before filing her PBD. While the Court is
sympathetic to Ms. King's circumstances, they are insufficient to defend against
VUMC' s motion. Having carefully reviewed and considered the evidence in the light
most favorable to Ms. King, the Court finds VUMC has demonstrated that Ms. King's
evidence is insufficient to establish a genuine issue of material fact as to the expiration of
the limitations period.
IT IS, THEREFORE, ORDERED that:
1. VUMC's Motion for Summary Judgment is granted, and Ms. King's claim is
dismissed with prejudice to its refiling.
2. The filing fee of $150.00 is taxed to VUMC under Tennessee Compilation Rules
and Regulations 0800-02-21-.07, for which execution may issue as necessary.
3. VUMC shall file the SD-2 with the Court Clerk within ten days of the date of
judgment.
4. Absent an appeal, this order becomes final in thirty days.
ENTERED JULY 23,2019.
· o ert V. Durham, Judge
Court of Workers' Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of the Order Granting Summary Judgment was sent as
indicated on July 24, 2019.
Name Certified Via Via Email Email Address
Mail Fax
Margaret King X X 10 Broadway Ave. Apt-C-1 04
Cookeville, TN 38501
Kingmargaret82@gmail.com
Nathaniel X ncherry@howardtatelaw .com
Cherry
_&
S~
~~ '
Penny Clerk of Court
Court of Workers' Compensation Claims
WC.CourtCJerk@tn.gov
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II
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Compensation Hearing Order Right to Appeal:
If you disagree with this Compensation Hearing Order, you may appeal to the Workers'
Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers'
Compensation Appeals Board, you must:
1. Complete the enclosed form entitled: "Compensation Hearing Notice of Appeal," and file
the form with the Clerk of the Court of Workers' Compensation Claims within thirty
calendar days of the date the compensation hearing order was filed. When filing the
Notice of Appeal, you must serve a copy upon 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 of 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 ofthe 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 lndigency will
result in dismissal of your appeal.
3~ You bear the responsibility of ensuring a complete record on appeal. You may request
from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court
reporter must prepare a transcript and file it with the court clerk within fifteen calendar
days of the filing the Notice of Appeal. Alternatively, you may file a statement of the
evidence prepared jointly by both parties within fifteen calendar days of the filing of the
Notice of Appeal. The statement of the evidence must convey a complete and accurate
account of the hearing. The Workers' Compensation Judge must approve the statement
of the evidence before -the record is submitted to the Appeals Board. If the Appeals
Board is called upon to review testimony or other proof concerning factual matters, the
absence of a transcript or statement of the evidence can be a significant obstacle to
meaningful appellate review.
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. The appealing
party has fifteen calendar days after the date of that notice to submit a brief to the
Appeals Board. See the Practices and Procedures of the Workers' Compensation
Appeals Board.
To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing
Order must be final and you must comply with the Tennessee Rules of Appellate
Procedure. If neither party timely files an appeal with the Appeals Board, the trial court's
Order will become final by operation of law thirty calendar days after entry. See Tenn.
Code Ann.§ 50-6-239(c)(7).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
II I.
' I
Tennessee Bureau of Workers' Compensation
220 French Landing Drive, 1-B
Nashville, TN 37243-1002
800-332-2667
AFFIDAVIT OF INDIGENCY
I, , having been duly sworn according to law, make oath that
because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be
waived. The following facts support my poverty.
1. Full Name:_ _ _ _ __ _ _ _ _ __ 2. Address: - - - - - - - -- - - --
3. Telephone Number: - - - - - - - - - 4. Date of Birth: - - - - -- - - -- -
5. Names and Ages of All Dependents:
- - - - - - - - - - - - - - -- - Relationship: - - - - - - -- - - -- -
- - - - - - - - - - - - - -- -- Relationship: - - - - - -- - - -- - -
- - - - - - - - - - -- - -- - - Relationship: - - - -- - -- - - - - -
- - - - - - - - - - - - - - -- - Relationship: - - - - - - -- - - -- -
6. I am employed by: - - - - - - - - - - -- - - -- - - - - - -- - - -- - -
My employer's address is: - - - - -- - - - -- - - - - - -- - -- - - - -
My employer's phone number is: - - - -- - - - -- - - - - - -- - - -- - -
7. My present monthly household income, after federal income and social security taxes are deducted, is:
$ _ _ _ _ _ __
8. I receive or expect to receive money from the following sources:
AFDC $ per month beginning
SSI $ per month beginning
Retirement $ per month beginning
Disability $ per month beginning
Unemployment $ per month beginning
Worker's Camp.$ per month beginning
Other $ per month beginning
LB-1108 (REV 11/15) RDA 11082
9. My expenses are: ! ~ li
I
'
Rent/House Payment $ per month Med icai/Dental $ _ _ ___ per month
Groceries $ per month Telephone $ _ __ _ _ per month
Electricity $ per month School Supplies $ _ _ _ _ _ per month
Water $ per month Clothing $ _ _ _ _ _ per month
Gas $ per month Child Care $ _ _ _ _ _ per month
Transportation $ per month Child Support $ _ _ _ _ _ per month
Car $ per month
Other $ per month (describe:
10. Assets:
Automobile $ _ _ _ __
(FMV) - - - - - - - - - -
Checking/Savings Acct. $ _ _ _ __
House $ _ _ __
(FMV) - - - - - - - - - -
Other $ _ _ _ __ Describe:_ _ _ _ __ _ __ __
11. My debts are:
Amount Owed To Whom
I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete
and that I am financially unable to pay the costs of this appeal.
APPELLANT
Sworn and subscribed before me, a notary public, this
____ dayof _____________________ , 20_ __
NOTARY PUBLIC
My Commission Expires:_ _ _ _ _ _ __
LB-1108 (REV 11/15) RDA 11082