Morgan, Deborah v. Beall Manufacturing, Inc. , 2021 TN WC 203 ( 2021 )

FILED
Jul 16, 2021
03:48 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT JACKSON
DEBORAH MORGAN, ) Docket No. 2020-07-0266
Employee, )
v. )
BEALL MANUFACTURING, INC., ) State File No. 29562 2020
Employer, )
And )
TRAVELERS INS. CO., ) Judge Amber E. Luttrell
Carrier. )
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
The Court heard Beall Manufacturing’s Second Motion for Summary Judgment on
July 13, 2021, on the issue of medical causation. For the reasons below, the Court holds
Beall is entitled to summary judgment.
Procedural History
Ms. Morgan worked as a press operator for Beall. She alleged she suffered an acute
injury to her left hand and wrist while working with small parts on May 5, 2020. Beall
offered Ms. Morgan a panel of physicians, and she selected a provider. At her initial visit,
Ms. Morgan failed to provide an adequate sample for a post-accident drug screen. Thus,
Beall denied any further treatment.
After the denial, Ms. Morgan requested an expedited hearing seeking medical
benefits. In addition to its post-accident drug screen defense, Beall further contended that
Ms. Morgan did not offer any evidence proving medical causation for her injury. The Court
entered an Expedited Hearing Order rejecting the drug screen defense. However, the Court
denied benefits because Ms. Morgan did not introduce any medical evidence showing she
was likely to succeed at trial in proving causation.
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Beall then filed its first Motion for Summary Judgment, which the Court denied
because it failed to meet its burden under Rule 56 to show that Ms. Morgan’s proof was
insufficient to create an issue of fact as to causation.
After the denial, Beall authorized treatment with Dr. Michael Calfee, whom Ms.
Morgan selected from a panel. Dr. Calfee provided an affidavit containing his causation
opinion, and Beall filed this motion.
Beall’s Motion
In its statement of undisputed facts, Beall stated that Ms. Morgan alleged a specific
injury to her left hand/wrist from dragging parts on May 5, 2020. Beall cited Ms. Morgan’s
interrogatory responses where she elaborated by stating “[s]omething snapped in my left
hand[.]”
Beall’s statement also referred to Dr. Calfee’s affidavit. Ms. Morgan saw Dr. Calfee,
her panel selected orthopedist, for her left-wrist complaints. She gave Dr. Calfee a history
of “having to manipulate lawnmower blades all day long.” Dr. Calfee diagnosed carpal
tunnel syndrome and degenerative arthritis of the metacarpophalangeal joint of the left
thumb. Regarding the nature of Ms. Morgan’s injury, Dr. Calfee stated that after reviewing
Ms. Morgan’s medical records, a causation letter from Travelers, and the Expedited
Hearing Order, it was his “understanding on May 5, 2020, while working for Beall
Manufacturing, Ms. Morgan was moving parts and felt a pop in her left wrist.”
Regarding causation, Dr. Calfee stated in his affidavit, “It is my opinion, within a
reasonable degree of medical certainty, that Ms. Morgan’s current symptoms are
attributable to her carpal tunnel syndrome and her carpal tunnel syndrome was not
primarily or greater than 50% caused by the pop that occurred on May 5, 2020.” Further,
he concluded, “I do not feel Ms. Morgan’s current symptoms are primarily or greater than
50% related to her pop in her wrist that occurred on May 5, 2020.”
In her response to the motion, Ms. Morgan attached a medical note from P.A.
Michael Brown, co-signed by Dr. James Williams, which recorded her history that “on
May 6, 2020 while racking steel parts into a bin she felt a snap in her hand.” P.A. Brown
diagnosed hand pain and noted her work injury contributed greater than fifty percent to her
health problem with her hand. She also attached a letter from Dr. Calfee in response to her
causation question where he said, “I do think it is possible her carpal tunnel syndrome was
caused by repetitive work in her employment at CSI, however it was not caused by her
injury on May 5, 2020.” As for Dr. Calfee’s causation opinion, Ms. Morgan acknowledged
that she’s alleged in this case a “pop” or “snap” in her left hand on May 5, 2020; however,
she argued she had experienced hand/wrist pain for a while.
Beall argued that, based on the undisputed facts, namely the affidavit of Dr. Calfee,
it submitted affirmative evidence that negates the essential element of medical causation
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and showed that Ms. Morgan’s proof is insufficient to prove causation. As for P.A.
Brown’s record, Beall contended that the record is not admissible as it is not in a form
sufficient under Rule 56 to overcome a motion for summary judgment, citing Lemons v.
Elwood Staffing Services, Inc., 2021 TN. Wrk. Comp. App. Bd. LEXIS 12, at *13 (May 4,
2021).
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, Beall must do one of two things to prevail on its motion: (1)
submit affirmative evidence that negates an essential element of Ms. Morgan’s claim, or
(2) demonstrate that Ms. Morgan’s evidence is insufficient to establish an essential 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 Beall does either or both of these
things, Ms. Morgan must respond by producing specific facts showing a genuine issue for
trial. Id.; Tenn. R. Civ. P. 56.06.
The Court finds Beall successfully negated the essential element of medical
causation and established Ms. Morgan’s proof is insufficient to create a genuine issue of
material fact as to causation. Dr. Calfee concluded in his affidavit that Ms. Morgan’s carpal
tunnel syndrome and “current symptoms” are not primarily related to her May 5, 2020
“pop” injury. As the panel-selected treating physician, Dr. Calfee’s causation opinion is
presumed correct. See Tenn. Code Ann. §50-6-102(14)(E).
Because Beall met its burden, Ms. Morgan 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. Here, Ms. Morgan produced no admissible material facts to lead the Court to
find in her favor. Instead, Ms. Morgan submitted a medical record from P.A. Brown and
Dr. Williams and letter from Dr. Calfee to support her claim. The Appeals Board recently
addressed the use of medical records in support of or opposition to summary judgment.
The Board held,
At the summary judgment stage, parties must comply with the requirements
of Rule 56 of the Tennessee Rules of Civil Procedure, which sets out what a
court may consider in ruling on such a motion. Specifically, Rule 56.04
allows a court to consider “pleadings, depositions, answers to interrogatories,
and admissions on file, together with the affidavits, if any.” Medical records,
standing alone, are not included in that list.
Sadeekah v. Zaher Abdelaziz d/b/a Home Furniture and More, 2021 TN. Wrk. Comp. App.
3
Bd. LEXIS 19, at *12-13 (June 22, 2021) (quoting Rule 56). Under this authority, the
submitted record and letter were not presented to this Court in an admissible form to
overcome summary judgment.
While the Court is aware of Ms. Morgan’s sincerely held belief that her carpal tunnel
syndrome and current symptoms arose out of her work at Beall, she did not present a
medical opinion, in an admissible form, to show an issue of fact for trial, and her lay
opinion alone is legally insufficient to refute Dr. Calfee’s conclusions. Accordingly,
Beall’s Motion for Summary Judgment is granted, and Ms. Morgan’s claim is dismissed
with prejudice.
The costs of this cause are taxed to Beall under Tennessee Compilation Rules and
Regulations Rule 0800-02-21-.07, to be paid within five days of this order becoming final.
Beall shall prepare and submit the SD-2 within ten days of the date of this order. Unless
appealed, this order shall become final thirty days after entry.
IT IS ORDERED.
ENTERED July 16, 2021.
JUDGE AMBER E. LUTTRELL
Court of Workers’ Compensation Claims
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Technical Record:
1. Employer’s Motion for Summary Judgment (filed May 17, 2021)
2. Employer’s Statement of Undisputed Facts
3. Affidavit of Dr. Michael Calfee
4. Employer’s Memorandum in Support
5. Employer’s emailed notice of compliance
6. Order and Docketing Notice setting hearing
7. Employee’s Response to Undisputed Facts
8. Employee’s Argument in Response
9. Employee’s submission of medical records
10. Employer’s Response to Employee’s Response
11. Employee’s Motion for Reduction of Time for Production of Documents
12. Employer’s Response to Employee’s Motion
13. Order Denying Motion for Reduction of Time
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on July 16, 2021.
Name USPS Email Service sent to:
Deborah Morgan, X Djackmorgan13@gmail.com
Employee 6579 Highway 436,
McKenzie, TN 38201
Paul T. Nicks, X pnicks@travelers.com
Employer’s Attorney jschmid6@travelers.com
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
5
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: “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 of the filing fee. You must file the fullycompleted
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 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.
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 filestamped 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