# TENNESSEE DIVISION OF WORKERS’ COMPENSATION WORKERS’ COMPENSATION APPEALS BOARD



# Employee: Cynthia King ) Docket No. 2014-06-0062 ) Employer: Letica Corporation ) State File No. 9096 3-2014

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of th e Appeals Board’s decision in the referenced case was sent to the following recipient s by the following methods of service on this the 19th day of June, 2015.

Name Certified Mail First Class

Mail Via

Fax Fax Number Via

Email Email Address

Cynthia King X X 

# 2un4getable@gmail.com 529 Gale Drive Clarksville, TN 37040 Frederick Hodge X 

# Fhodge@howell-fisher.com Kenneth M. Switzer, Chief Judge X Via Electronic Mail Penny Shrum, Clerk, Court of Workers’ Compensation Claims X Penny.Patterson-Shrum@tn.gov



# Matthew Salyer Clerk, Workers’ Compensation Appeals Board 220 French Landing Dr., Ste. 1-B Nashville, TN 37243 Telephone: 615-253-1606 Electronic Mail: Matthew.Salyer@tn.govTENNESSEEDIVISIONOFWORKERS'COMPENSATIONWORKERS'COMPENSATIONAPPEALSBOARDEmployee:CynthiaKingEmployer:LeticaCorporationAppealfromtheCourtofWorkers'CompensationClaimsKennethM.Switzer,ChiefJudge)DocketNo.2014-06-0062))StateFileNo.90963-2014)))))DismissedandRemanded-FiledJune19,2015FILEDJune19,2015TEi\'NESSEEWORKERS'COMPENSATIONAPPEALSBOARDTime:8:30AMOPINIONDISMISSINGAPPEALOFINTERLOCUTORYORDEROFCOURTOFWORKERS'COMPENSATIONCLAIMSThisinterlocutoryappealinvolvesanemployeewhoallegeswork-relatedcumulativetraumatoherwristsandhands.Theemployerprovidedapanelofdoctorsfromwhichtheemployeeselectedanauthorizedtreatingphysician.Thephysicianconcludedthattheemployee'sconditionisnotwork-related,andtheemployerdeniedfurtherworkers'compensationbenefits.TheemployeefiledaRequestforExpeditedHearingtodeterminewhethertheemployerisobligatedtoprovidemedicalandtemporarydisabilitybenefits.Thetrialcourtconcludedthattheemployeefailedtorebutthestatutorypresumptionthattheauthorizedtreatingphysician'scausationopinioniscorrectanddeniedtheemployee'sclaimongroundsofcompensability.TheemployeefiledanExpeditedHearingNoticeofAppealsixteendaysfollowingtheissuanceofthetrialcourt'sexpeditedhearingorder.Wedismisstheappealasuntimelyandremandthecaseforanyfurthernecessaryproceedings.JudgeDavidF.HensleydeliveredtheopinionoftheAppealsBoard,inwhichJudgeTimothyW.Conner,joined;JudgeMarshallL.Davidson,III,notparticipating.1Cynthia King, Clarksville, Tennessee, employee-appellant,
prose Frederick Hodge, Nashville, Tennessee,

for the employer-appellee,
Letica Corporation Procedural Background On May

7, 2015, the Court of Workers' Compensation Claims conducted

an expedited hearing

to determine whether Letica Corporation ("Employer")

is obligated

to provide medical benefits and temporary disability

to Cynthia King ("Employee")

as
a result
of an alleged work-related cumulative trauma condition involving Employee's wrists and hands. Included

in the medical records admitted into evidence

at the hearing

is a two-page report
of Employee's December

29, 2014 visit with the authorized treating physician selected
by Employee from

a panel of physicians provided

by Employer.
The report includes
the physician's opinion that Employee "does not appear

to haveworkrelated carpal tunnel syndrome,"

and
it states that "[t]here does not appear

to be anything specific

to either hand [that] would
be work related from my standpoint." On May
12

, 2015, the trial court issued
an expedited hearing order finding that Employee failed

to rebut the statutory presumption

that the authorized treating physician's causation opinion

is correct. See Tenn. Code Ann.§ 50-6-102(13)(E) (2014). Concluding
that Employee failed
to demonstrate
that she would likely prevail

at a hearing on the merits

as contemplated

in Tennessee Code Annotated section 50-6-239(d)(1) (2014), the trial court's May 12, 2015 order denied Employee's request
for benefits

on the grounds

of compensability.

On May 28, 2015, Employee filed an Expedited Hearing Notice
of Appeal challenging

the denial of medical benefits
for her alleged injury. Analysis Tennessee Code Annotated section 50-6-217(a)(2) (2015) states that "[a]ny party aggrieved

by an order for temporary disability

or medical benefits

or an order either awarding permanent disability

or medical benefits

or denying

a claim for permanent disability

or medical benefits issued
by
a workers' compensation judge may appeal the order
to the workers' compensation appeals board by filing

a notice of appeal
on
a form prescribed

by the administrator." Subsection (a)(2)(A) addresses how review
of an interlocutory order

is to be accomplished: Within seven (7) business days after issuance

of an interlocutory order for temporary disability

or medical benefits

by

a workers' compensation judge, either party may appeal the interlocutory order by filing

a notice
of appeal with the clerk of the court
of workers' compensation claims. Tenn. Code Ann.

§ 50-6-217(a)(2)(A)
(2015)

. 2The trial court's expedited hearing order was issued
on May 12, 2015, thereby requiring Employee

to file

a notice of appeal
on or before May 21, 2015. The notice of appeal was filed on May 28, 2015, outside the time specified

in section **50~6-** 217(a)(2)(A).

The timely filing of a notice of appeal

is "mandatory

and jurisdictional

in civil cases," Albert

v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004), including workers' compensation cases. Trivett

v. Litchfield,
No. E2000-0l307

- WC-R3-CV, 2002 Tenn. LEXIS 200 (Tenn. Workers' Comp. Panel, May

1, 2002); Bates

v . Command Center, Inc., No. 2014-06-0053,

slip op. at 3 (Tenn. Workers' Comp. App. Bd. Apr.
2, 2015). Accordingly,

the appeal

is untimely. Conclusion Employee's appeal

is untimely and
is dismissed.
The case

is remanded

for any further proceedings
that may be necessary. 

# ~~

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