Meeks, Bryant v. Nyrstar Clarksville, Inc. ( 2023 )

FILED
Sep 20, 2023
11:47 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Bryant Meeks, ) Docket No. 2022-06-0936
Employee, )
v. )
Nyrstar Clarksville, Inc., ) State File No. 65517-2021
Employer, )
And )
Great American Spirit Insurance Co., ) Judge Kenneth M. Switzer
Carrier. )
COMPENSATION ORDER GRANTING SUMMARY JUDGMENT
Nyrstar Clarksville, Inc. filed a Motion for Summary Judgment. It argues that
Bryant Meeks’s evidence is insufficient to establish medical causation, which is an
essential element of his claim. Mr. Meeks participated in the hearing but did not file a
written response. The Court grants summary judgment to Nyrstar and dismisses this claim
with prejudice.
Claim History
Mr. Meeks seeks workers’ compensation benefits, alleging that he contracted an
autoimmune condition and skin lesions from drinking unsafe water while working at
Nyrstar. Nyrstar denied the claim, asserting that his injuries did not arise primarily from
work, so Mr. Meeks filed his petition.
After an expedited hearing on the record, the Court found that Mr. Meeks did not
offer a medical opinion connecting his condition to his employment. Therefore, he was
unlikely to prevail at trial in proving that his condition arose primarily from work. Mr.
Meeks did not appeal but asked for additional time to seek a favorable medical opinion.
The Court gave him an August 31 deadline to do so.
Nyrstar filed this motion for summary judgment supported by a statement of
undisputed facts. They are:
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◼ Mr. Meeks seeks benefits due to his consumption of water while working for
Nyrstar.
◼ Mr. Meeks has submitted no admissible medical proof establishing that his
consumption of water while working for Nyrstar contributed more than 50% in
causing any of his alleged illnesses and conditions.
◼ Mr. Meeks has submitted no admissible medical proof establishing that his
consumption of water while working for Nyrstar contributed more than 50% in
causing a need for medical treatment.
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 (2023).
Nyrstar must do one of two things to prevail: (1) submit affirmative evidence that
negates an essential element of Mr. Meeks’s claim, or (2) demonstrate that his evidence is
insufficient to establish an essential element of his claim. Tenn. Code Ann. § 20-16-101(2022); see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264
(Tenn. 2015).
Here, Nystar demonstrated that Mr. Meeks’s evidence is insufficient to show
medical causation, which is an essential element of his claim. Proving medical causation
requires an expert’s testimony to a “reasonable degree of medical certainty” that the
employment “contributed more than fifty percent (50%) in causing the . . . need for medical
treatment, considering all causes.” Tenn. Code Ann. § 50-6-102(12)(C).
Mr. Meeks admitted at the hearing he had no expert opinion or evidence causally
linking his consumption of water at work to his condition or need for treatment. The Court
gave him ample time to obtain that opinion and respond to the motion, but he did not. With
that admission, Nyrstar demonstrated his evidence is insufficient to prove medical
causation, which is an essential element of his claim.
Since Nyrstar met its burden, Mr. Meeks “may not rest upon the mere allegations or
denials of [his] pleading.” Rye, at 265. Rather, he must produce affidavits, pleadings,
depositions, responses to interrogatories, or admissions that set forth specific facts showing
that there is a genuine issue for trial. Tenn. R. Civ. P. 56.06. If not, “summary judgment,
if appropriate, shall be entered” against him. Id.The Court finds summary judgment is appropriate because Mr. Meeks has not
opposed Nyrstar’s motion with specific facts showing a genuine issue exists for trial.
Rather, he has rested solely on allegations and medical records, which are insufficient to
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survive summary judgment. Thus, Nyrstar is entitled to summary judgment as a matter of
law.
IT IS ORDERED as follows:
1. Mr. Meeks’s claim for workers’ compensation benefits is dismissed with prejudice
to its refiling.
2. Unless appealed, this order shall become final thirty days after issuance.
3. The filing fee of $150.00 is taxed to Nyrstar under Tennessee Compilation Rules
and Regulations 0800-02-21-.07, to be paid to the Court Clerk within five business
days and for which execution might issue as necessary.
4. Nyrstar shall prepare and file the SD-2 with the Court Clerk within ten days of this
order becoming final.
ENTERED September 20, 2023.
________________________________________
JUDGE KENNETH M. SWITZER
Court of Workers’ Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of this Compensation Order was sent as indicated on September
20, 2023.
Name Regular Email Sent to:
mail
Bryant Meeks, self- X X Leomeeks1978@gmail.com
represented 5801 Buckner Rd.
employee Cumberland Furnace, TN 37051
Lee Anne Murray, X leeamurray@feeneymurray.com
Taylor Pruitt, trp@feeneymurray.com
employer’s attorneys madeline@feeneymurray.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