Hancock, Jacqueline v. Vanderbilt University Medical Center , 2021 TN WC 223 ( 2021 )

FILED
Sep 03, 2021
12:04 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Jacqueline Hancock, ) Docket No. 2020-06-1527
Employee, )
v. )
) State File No. 45480-2018
)
Vanderbilt University Medical Center, )
Self-Insured Employer. ) Judge Joshua Davis Baker
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
The Court heard Vanderbilt’s Motion for Summary Judgment on August 31, 2021,
on whether Ms. Hancock’s claim is barred by the statute of limitations. For the reasons
below, the Court holds it is, and Vanderbilt is entitled to summary judgment.
Claim History
Ms. Hancock alleged in her petition for benefit determination that she injured her
shoulder while preventing a patient’s fall. She reported the injury, and Vanderbilt
authorized treatment at its occupational health clinic. The last payment for benefits
occurred on August 1, 2018, per Vanderbilt’s worker’s compensation manager. Ms.
Hancock filed a petition for benefit determination on October 12, 2020.
Law and Analysis
Summary judgment is 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 (2020).
As the moving party, Vanderbilt must do one of two things to prevail on its motion:
(1) submit affirmative evidence that negates an essential element of Ms. Hancock’s claim,
or (2) demonstrate that Ms. Hancock’s evidence is insufficient to establish an essential
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element of her claim. Tenn. Code Ann. § 20-16-101 (2020); see also Rye v. Women’s Care
Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). If Vanderbilt does either or
both of these things, Ms. Hancock must respond by producing specific facts showing a
genuine issue for trial. Id.; Tenn. R. Civ. P. 56.06.
Vanderbilt argues the Court should grant summary judgment because it
affirmatively negated an essential element of Ms. Hancock’s claim—that she timely filed
her petition. Tennessee Code Annotated section 50-6-203(b)(2) governs the time within
which a petition must be filed when an employer has voluntarily provided benefits, as in
this case. Specifically, within one year after the work accident, the right to compensation
is forever barred unless a petition for benefit determination is filed within one year from
the time the employer “ceased to make payments of compensation to or on behalf of the
employee.”
Here, the undisputed facts show that Vanderbilt last made a payment of benefits on
August 1, 2018. Ms. Hancock filed her petition on October 20, 2020, well past one year
after the date of the last payment of benefits. Vanderbilt negated an essential element of
her claim, and it also demonstrated that her evidence is insufficient to establish an essential
element of her claim. Therefore, Ms. Hancock must “demonstrate the existence of specific
facts in the record which could lead a rational trier of fact to find in her favor[.]” Rye, at
265.
While Ms. Hancock filed a response that characterized several facts as disputed,
none of these alleged disputed facts concerns the salient point of Vanderbilt’s motion: Ms.
Hancock did not file her claim within the statute of limitations. So, the disputed facts are
immaterial to this Court’s decision.
Here, the undisputed facts show that Ms. Hancock waited more than one year after
Vanderbilt’s last payment for treatment before filing her petition. The Court sympathizes
with Ms. Hancock’s circumstances, but it must abide by the time constraints within the
Worker’s Compensation Law. Therefore, the Court finds that Vanderbilt negated an
essential element of Ms. Hancock’s claim and proved her evidence is insufficient to
establish she timely filed her claim. Vanderbilt’s Motion for Summary Judgment is
granted, and Ms. Hancock’s claim is dismissed with prejudice.
Costs are taxed to Vanderbilt under Tennessee Compilation Rules and Regulations
0800-02-21-.07, to be paid within five days of this order becoming final. Vanderbilt shall
prepare and submit the SD-2 within ten days of the date of this order. Unless appealed,
this order shall become final in thirty days.
ENTERED September 3, 2021.
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________________________________________
JUDGE JOSHUA DAVIS BAKER
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on September 3, 2021.
Name Certified Email Sent to
Mail
Jacqueline Hancock X X 239-B Cleveland Ave.
Lebanon, TN 37087
jacquelinehancock@ymail.com
Nate Cherry X ncherry@howardtatelaw.com
_______________________________________
Penny Shrum
Clerk, Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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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