### TENNESSEE BUREAU OFWORKERS' COMPENSATION INTHE COURT OF WORKERS' COMPENSATION CLAIMS AT MURFREESBORO MARGARET KING, Employee, ) 

### ) DocketNo. 201**~**

### fi__J0005 

### v. VANDERBILT UNIVERSITY MEDICAL CENTER, Self-insured Employer. ) 

### ) State File No. 

### 7'65
-2116 ) 

### ) Judge RobertDurham ) ) 

### COMPENSATIONHEARING ORDERGRANTING SUMMARYJUDGMENT This matter came before the Court on July 11, 2019, upon Vanderbilt University Medical Center's (VUMC's) Motion for Summary Judgment. VUMC asserts as undisputed fact that Ms. King did not file a petition for benefit determination (PBD) until more than one year following its last voluntary payment for her claimed work injury. Thus, VUMC argues that the statute oflimitations expired, which entitles it to summary judgment as a matter oflaw. For the reasons below, the Court finds VUMC is entitled to summaryjudgment. Procedural History In support ofits motion, VUMC filed a Statement ofUndisputed Material Facts regarding the statute oflimitations. Ms. King did not respond. Therefore, the following facts contained within the Statement are deemed undisputed under Tennessee Rule of Civil Procedure 56.03: On January 17, 2018, Ms. King filed a PBD asserting that she suffered a work-related injury to her back on January 26, 2016. VUMC initially accepted the claim but made its last payment ofbenefits on November 18, 2016. At the hearing, Ms. King asserted that the mental stress caused by her financial losses due to the injury and her inability to find an attorney led to her delay in filing a PBD.. 1 

## FILED Jul 23, 2019 03:17 PM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMS

### Legal Analysis 

### Tennessee Code Annotated section 50-6-203(b)(2) provides that when benefits are initially paid, a claim shall be forever barred unless a PBD is filed within one year ofthe date ofthe last payment for compensation or treatment. VUMC is entitled to summary judgment on the issue ofstatute oflimitations ifthe record before the Court establishes there are no genuine issues as to material facts, and VUMC is entitled to judgment as a matter oflaw. Here, the undisputed facts establish that Ms. King waited more than one year after VUMC's last payment for treatment before filing her PBD. While the Court is sympathetic to Ms. King's circumstances, they are insufficient to defend against VUMC's motion. Having carefully reviewed and considered the evidence in the light most favorable to Ms. King, the Court finds VUMC has demonstrated that Ms. King's evidence is insufficient to establish a genuine issue ofmaterial fact as to the expiration of the limitations period. IT IS, THEREFORE, ORDERED that: 1. 

### VUMC's Motion for Summary Judgment is granted, and Ms. King's claim is dismissed with prejudice to its refiling. 2. The filing fee of$150.00 is taxed to VUMC under Tennessee Compilation Rules and Regulations 0800-02-21-.07, for which execution may issue as necessary. 3. VUMC shall file the SD-2 with the Court Clerk within ten days of the date of judgment. 4. Absent an appeal, this order becomes final in thirty days. ENTERED JULY 23,2019.

· o ert V. Durham, Judge Court ofWorkers' Compensation Claims

2

### CERTIFICATE OF SERVICE I certify that a copy of the Order Granting Summary Judgment was sent as indicated on July 24, 2019.



### Name Certified Via Mail Fax MargaretKing X 

### Nathaniel Cherry Via Email EmailAddress X 

### 10 Broadway Ave. Apt-C-104 Cookeville, TN 38501 Kingmargaret82@gmail.com X 

### ncherry@howardtatelaw.com



# _ &**~~ '**  Penny

# ~ClerkofCourt CourtofWorkers' Compensation Claims WC.CourtCJerk@tn.gov

3II I Compensation Hearing Order Right to Appeal: 'I

Ifyou 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: "Compensation Hearing Notice ofAppeal," 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 ofthe Notice ofAppeal. 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 ofthe 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 lndigency will result in dismissal ofyour appeal.**3~** You bear the responsibility ofensuring a complete record on appeal. You may request from the court clerkthe audio recording ofthe hearing for a $25.00 fee. A licensed court reporter must prepare a transcript and file it with the court clerk 

### withinfifteen calendar days ofthe filing the Notice ofAppeal. Alternatively, you may file a statement ofthe evidence preparedjointly by both parties 

### withinfifteen calendar days ofthe filing ofthe Notice ofAppeal. The statement ofthe evidence must convey a complete and accurate account ofthe 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 proofconcerning 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' CompensationJudge 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 ofthe 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. Ifneither 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. CodeAnn.§ 50-6-239(c)(7). 

### Forself-representedlitigants: Help from an Ombudsman is available at 800-332-2667.II '

Tennessee Bureau ofWorkers' Compensation 220 French Landing Drive, 1-B Nashville, TN 37243-1002 800-332-2667 AFFIDAVIT OF INDIGENCY I, , having been duly sworn according to law, make oath that because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be waived. The following facts support my poverty. 1 . Full Name:

______ _____ _ 2.Address: - ------- ----- 3. Telephone Number: - - ------- 4. Date of Birth: ----- ---- -- 5. Names and Ages ofAll Dependents:

--------------- -- Relationship: -------------

----------------- Relationship: -------------

-------------- --- Relationship: -------------

---------------- - Relationship :------------- 6. I am employed by: - - --------- ---- ------- ---- --- My employer's address is: -------------------- ----- My employer's phone number is: -------------------- --- 7. My present monthly household income, after federal income and social security taxes are deducted, is: $ ______ _ 8. I receive or expect to receive money from the following sources: AFDC $ per month beginning SSI $ per month beginning Retirement $ per month beginning Disability $ per month beginning Unemployment $ per month beginning Worker's Camp.$ per month beginning Other $ per month beginning
LB-1108 (REV 11/15) RDA 11082 I. I9. My expenses are: !**~** ' Rent/House Payment $ Groceries $ Electricity $ Water $ Gas $ Transportation $ Car $ per month per month per month per month per month per month per month Medicai/Dental $ Telephone $ School Supplies $ Clothing $ Child Care $ Child Support $ li I

_ ____ per month

_____ per month

_ _ ___ per month

_____ per month

_____ per month

_____ per month Other $ per month (describe: 10. Assets: Automobile $ ____ _ Checking/Savings Acct. $ ____ _ House Other 11. My debts are: Amount Owed $ ___ _ $
____ _

To Whom (FMV) ---------- (FMV) ---------- Describe:

__________ _

I hereby declare underthe penalty of perjury that the foregoing answers are true, correct, and complete and that I am financially unable to pay the costs ofthis appeal.
APPELLANT
Sworn and subscribed before me, a notary public, this

____ dayof_____________________, 20__ _ NOTARY PUBLIC My Commission Expires: _______ _ LB-1108 (REV 11/15) RDA 11082