MORILLO, NEIKER v. DANIEL BARRON d/b/a ALL AROUND HVAC SERV., LLC

FILED
Aug 20, 2021
07:57 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
NEIKER MORILLO, ) Docket No. 2020-05-0824
Employee, ) 2020-05-0824A
v. ) 2020-05-0824B
DANIEL BARRON d/b/a ALL )
AROUND HVAC SERV., LLC )
Employer, ) State File No. 5479-2020
And )
THE HARTFORD INS. CO., )
LIBERTY MUTUAL INS. CO., )
TEXAS MUTUAL INS. CO. ) Judge Robert Durham
COMPENSATION ORDER GRANTING PARTIAL SUMMARY JUDGMENT
This case came before the Court on August 18, 2021, on the partial summary
judgment motions of Liberty Mutual and The Hartford. As grounds, Liberty Mutual and
The Hartford asserted they did not provide workers’ compensation insurance for Mr.
Barron for the Nissan project where Mr. Morillo was working at the time of his alleged
injury on July 8, 2020. Considering the evidence, the Court grants the partial summary
judgment motions and dismisses Mr. Morillo’s claim against Liberty Mutual and The
Hartford. 1
Facts
Mr. Morillo alleged he suffered an injury to his left hand on July 8, 2020, while
working for Mr. Barron at the Nissan plant in Smyrna, Tennessee. Liberty Mutual and
The Hartford each filed affidavits and Statements of Undisputed Facts asserting that,
1
Mr. Morillo also alleged that Mr. Barron had workers’ compensation insurance through Texas Mutual
Insurance Company. When Texas Mutual received notice of the Petition for Benefit Determination, it sent
correspondence to the mediator asserting that Texas Mutual only insures Texas claims, and Tennessee
does not have jurisdiction over Texas Mutual. However, Texas Mutual has not filed anything with the
Court seeking dismissal of Mr. Morillo’s claim against it.
1
while they provided workers’ compensation coverage to Mr. Barron for other projects in
Tennessee, they did not provide insurance for any work performed at the Nissan plant.
Neither Mr. Morillo nor Mr. Barron filed affidavits or responses to the Statements of
Undisputed Facts contesting the assertions of Liberty Mutual and The Hartford. 2
Analysis
Summary judgment is appropriate if there is no genuine issue as to any material
fact, and the moving party is entitled to judgment as a matter of law. To meet this
standard, Liberty Mutual and The Hartford must either: (1) submit affirmative evidence
that negates an essential element of Mr. Morillo’s claim, or (2) demonstrate that his
evidence is insufficient to establish an essential element of his claim. Tenn. Code Ann. §
20-16-101; see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235,
264 (Tenn. 2015). If Liberty Mutual and The Hartford satisfy this burden, Mr. Morillo
must then show that the record contains specific facts upon which a trier of fact could
base a decision in his favor. Rye, at 265.
Here, no one opposed the motions of Liberty Mutual and The Hartford. As
required by Rule 54.02 of the Tennessee Rules of Civil Procedure, the Court finds that
there is no just reason for delay in directing entry of final judgment as to Liberty
Mutual’s and The Hartford’s liability in this claim. Given the undisputed facts, the Court
holds that Liberty Mutual and The Hartford are entitled to summary judgment as a matter
of law and are not liable for providing workers’ compensation benefits to Mr. Morillo.
IT IS, THEREFORE, ORDERED that:
1. The Court grants the partial summary judgment motions of Liberty Mutual and
The Hartford and dismisses them with prejudice.
2. The Court directs entry of final judgment dismissing Mr. Morillo’s claims against
Liberty Mutual and The Hartford. Unless appealed, this Order shall become final
in thirty days.
3. The parties shall attend a status conference on September 20, 2021, at 9:00 a.m.
C.T. by calling 855-689-9049. Failure to attend may result in the resolution of
issues without the party’s participation.
IT IS ORDERED.
2
At the hearing, Mr. Barron’s counsel stated that Mr. Barron did not have workers’ compensation
insurance for Mr. Morillo’s injury, and he intends to make the general contractor to the Nissan project,
Ivey Mechanical, a party to the action.
2
ENTERED August 20, 2021
__________________________________
Judge Robert V. Durham
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on August 20, 2021.
Name Certified Email Service sent to:
Mail
Neiker Morillo, X Neikermorillo26@gmail.com
Employee
Drew Saulters, X dsaulters@ortalekelley.com
Employee’s Attorney
Blair Cannon, X L.Blair.Cannon@thehartford.com
The Hartford’s Attorney
Owen Lipscomb, X Owen.Lipscomb@libertymutual.com
Liberty’s Attorney
Vanecia Johnson, X vaneciajohnson@texasmutual.com
Texas Mutual’s
Attorney
_____________________________________
Penny Shrum, Court Clerk
WC.CourtClerk@tn.gov
3
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