Hopson, Cecilia v. Travelers Property Cas. Corp.

FILED
Aug 31, 2021
07:00 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
CECILIA HOPSON, ) Docket No. 2021-08-0074
Employee, )
v. )
TRAVELERS PROPERTY CAS. ) State File No. 76850-2014
CORP., )
Employer, )
And )
NEW HAMPSHIRE INS. CO., ) Judge Deana Seymour
Carrier. )
EXPEDITED HEARING ORDER
The Court held an Expedited Hearing on August 18, 2021, to determine Cecilia
Hopson’s entitlement to medical benefits. 1 Travelers contended her claim was barred by
the statute of limitations and that it paid all benefits to which she is entitled. The Court
finds that Ms. Hopson is unlikely to prove at a hearing on the merits that she timely filed
her claim and denies her request for medical benefits.
History of Claim
Ms. Hopson claimed injuries after an automobile accident at work on September
24, 2014. After reporting the accident, she received authorized treatment for headaches
and neck and back pain from multiple physicians.
These physicians treated Ms. Hopson conservatively and placed her at maximum
medical improvement from an orthopedic, neurologic, and neurosurgical standpoint. Dr.
Glenn Crosby, Ms. Hopson’s neurosurgeon, determined that she was not a surgical
candidate. Dr. Bola Adamolekun, one of Ms. Hopson’s neurologists, noted that he could
not relate her symptoms to her work accident.
1
The issue of temporary disability benefits was added to the Dispute Certification Notice. However, Ms.
Hopson testified that she was not seeking disability benefits, as she continued to work while treating for
her work injuries.
1
After her release from Dr. Adamolekun on December 6, 2018, Ms. Hopson
requested additional medical treatment from Travelers. However, based on Dr.
Adamolekun’s causation opinion, Travelers denied the request. Ms. Hopson filed a
Petition for Benefit Determination on January 20, 2021, seeking medical benefits.
At the hearing, Ms. Hopson argued that Travelers wrongfully denied treatment.
Since that time, she has continued to treat on her own and seeks reimbursement for that
treatment as well as ongoing medical care. However, she did not introduce medical bills
into evidence, and she only submitted a couple of medical records related to this
treatment.
During cross examination, Ms. Hopson confirmed that she filed her Petition for
Benefit Determination on January 20, 2021. Ms. Hopson testified that representatives of
the Tennessee Bureau of Workers’ Compensation told her that she “still had time because
. . . Travelers had just . . . paid a last bill or something and that [she] had time to file the
petition if [she] wanted to do so.” According to Ms. Hopson, she “was following what
[she] believed to be true and correct information from the state in terms of being able to
file the petition that [she] had time.”
Travelers argued that Ms. Hopson’s claim was barred by the statute of limitations.
Claim representative Allison Rountree testified that the last payment on the claim was
made on December 21, 2018. Since Ms. Hopson filed her petition more than one year
after that date, Travelers argued her claim was barred. On cross examination, Ms.
Rountree admitted that Travelers filed a form with the Bureau on January 2, 2020, but
she testified she was not familiar with the form.
Findings of Fact and Conclusions of Law
Ms. Hopson must provide sufficient evidence from which the Court can determine
she is likely to prevail at a hearing on the merits. McCord v. Advantage Human
Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
Under the Workers’ Compensation Law, in cases where the employer voluntarily
pays benefits, an employee’s right to recover compensation is forever barred unless the
employee files a Petition for Benefit Determination within one year of either the date of
the last authorized treatment or the time the employer ceased to make payments. See
Tenn. Code Ann. § 50-6-203(b)(2) (2020). Here, Ms. Hopson filed her Petition for
Benefit Determination on January 20, 2021, which was more than one year after the last
benefit payment on December 21, 2018. Thus, she did not file within the one-year statute
of limitations.
Ms. Hopson claimed a representative with the Bureau told her she had a year from
Travelers’ January 2020 electronic filing to file her petition. Through Ms. Rountree’s
testimony on cross examination, Ms. Hobson established that Travelers made an
2
electronic filing on January 2, 2020. However, it is not clear what form was filed or how
it would excuse her failure to timely file her Petition for Benefit Determination.
Moreover, she ultimately filed her petition more than a year after January 2, 2020.
Ms. Hopson represented herself, as is her right. However, the Court cannot excuse
noncompliance with the substantive and procedural rules that represented parties must
observe. Walton v. Averitt Express, Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 37, at *5
(June 2, 2017). Because she did not file within one year of the last payment, the Court
must hold that Ms. Hopson is not likely to prevail at a hearing on the merits.
IT IS, THEREFORE, ORDERED as follows:
1. The Court denies Ms. Hopson’s request for benefits at this time.
2. This case is set for a Scheduling Hearing on October 11, 2021 at 8:30 a.m.
Central Time. You must call 615-532-9550 or toll-free at 866-943-0014 to
participate in the Hearing. Failure to call might result in a determination of the
issues without your participation.
ENTERED August 31, 2021.
____________________________________
Judge Deana C. Seymour
Court of Workers’ Compensation Claims
Technical Record
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing, with Ms. Hopson’s Affidavit
4. Employer’s Pre-Expedited Hearing Brief
5. Employer’s Motion for Permission to Appear Remotely for Expedited Hearing
6. Order on Employer’s Motion for Permission to Appear Remotely for Expedited
Hearing
Exhibits
1. Documents filed with the mediator by Employee (TNComp Doc ID 55543)
2. Dr. Bola Adamolekun’s medical records
3. Dr. Stephen Gipson’s medical records
4. Dr. Glenn Crosby’s medical records
5. Dr. Alan Kraus’s medical records
6. Dr. Feiyu Chen’s medical records
7. Dr. Samuel Murrell’s medical records
8. Notice of Controversy
9. Petition for Benefit Determination
3
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on August 30, 2021.
Name Certified First Email Service sent to:
Mail Class
Mail
Cecilia Hopson, X X X 9432 Mary Tucker Cove
Employee Memphis, TN 38133
chopson21@comcast.net
Emily Faulkner, X emily.faulkner@mgclaw.com
Employer’s Attorney
_____________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
5
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