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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT JACKSON

CHARLES MILLINDER,

 Employee,

)

)

Docket No. 2020-07-0174

v. )

MAPLEWOOD HEALTH CARE, ) State File No. 74357-2014

Employer,

And

OCCUSURE CLAIMS SERVICES,

 Carrier.

)

)

)

)

Judge Allen Phillips

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

The Court heard Maplewood’s Motion for Summary Judgment on October 28, 2021.

Maplewood asserted it was entitled to summary judgment because of a medical opinion

that Mr. Millinder’s injury did not arise primarily out of his employment. The Court agrees 

and grants the motion.

Facts

Maplewood filed a Statement of Undisputed Facts as required under Tennessee 

Rules of Civil Procedure 56.03, which the Court summarizes as follows:

• Mr. Millinder alleged a back injury on September 9, 2014, and Maplewood 

provided a panel of physicians.

• The first physician Mr. Millinder chose placed him at maximum medical 

improvement in 2016. That physician later retired. 

• Maplewood provided Mr. Millinder another panel of physicians, from which he 

chose Dr. Fereidoon Parsioon.

• Dr. Parsioon completed a Declaration under Tennessee Rules of Civil Procedure 

72 in which he agreed Mr. Millinder reached maximum medical improvement 

in 2016 with no permanent impairment related to the September 9, 2014 injury.

FILED

Nov 01, 2021

08:34 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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• Dr. Parsioon also stated that the injury did not cause any anatomical changes in 

Mr. Millinder’s back; instead, all findings were either chronic, degenerative, or 

congenital.

• Dr. Parsioon said none of Mr. Millinder’s conditions were primarily related to

the work injury but instead to the other conditions.

• Dr. Parsioon recommended no further treatment for the work injury. 

Mr. Millinder did not file a written response. 

Based on the undisputed facts, Maplewood argued it was entitled to summary 

judgment because Dr. Parsioon said that the injury did not arise primarily out of the 

employment. Mr. Millinder admitted he filed no response to the motion and could not 

dispute Maplewood’s facts.

Analysis

Tennessee Rules of Civil Procedure 56 provides specific filing requirements for 

both parties in summary judgment cases that “are not mere suggestions” but rather plain 

and unambiguous requirements. Thomas v. Zipp Express, 2017 TN Wrk. Comp. App. Bd. 

LEXIS 22, at *11 n.4 (Mar. 15, 2017). 

Specifically, as the moving party, Maplewood must file a statement of undisputed 

material facts with citations to the record. It did so. As the nonmoving party, Mr. Millinder 

must respond to Maplewood’s statement of undisputed facts, indicating his agreement with 

them or demonstrating how they are disputed. Tenn. R. Civ. P. 56.03. He did not do so. 

Thus, the Court considers Maplewood’s motion unopposed and considers whether 

summary judgment is appropriate. 

Summary judgment is appropriate “if 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. To prevail, Maplewood must do one of two 

things: (1) submit affirmative evidence that negates an essential element of Mr. Millinder’s 

claim, or (2) demonstrate that his evidence is insufficient to establish entitlement to 

benefits. Tenn. Code Ann. § 20-16-101 (2021). See also Rye v. Women’s Care Ctr. Of 

Memphis, MPLLC., 477 S.W.3d 235, 264 (Tenn. 2015). 

Under law, Mr. Millinder must show that his injury was caused by a specific incident 

arising primarily out of his employment. Tenn. Code Ann. § 50-6-102(14)(A) (Emphasis 

added). Based on the undisputed facts, Maplewood negated the essential element of the 

injury arising primarily out of the employment through Dr. Parsioon’s declaration. 

Specifically, Dr. Parsioon said Mr. Millinder’s conditions were primarily related to other 
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conditions, not the injury. In the absence of any countervailing facts, Maplewood is entitled 

to judgment as a matter of law. 

THEREFORE, IT IS ORDERED AS FOLLOWS:

 

1. The Court grants Maplewood’s Motion for Summary Judgment on grounds that 

Mr. Millinder’s injury did not primarily arise out of his employment, and his 

claim against Maplewood is dismissed with prejudice to its refiling.

2. Unless appealed, this order shall become final in thirty days.

3. The Court assesses the $150.00 filing fee against Maplewood, for which 

execution might issue as necessary. Maplewood shall pay the filing fee to the 

Clerk within five business days of the order becoming final.

4. Maplewood shall file Form SD-2, Statistical Data form, with the Clerk within 

five business days of this order becoming final.

ENTERED November 1, 2021.

_____________________________________

JUDGE ALLEN PHILLIPS

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on November 1, 2021.

Name Email Service sent to:

Spencer R. Barnes,

Employee’s Attorney

X spence@morrisonandbarnes.com 

kaylie@morrisonandbarnes.com

B. Duane Willis,

Employer’s Attorney

X dwillis@morganakins.com

______________________________________

 Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov
Compensation Hearing Order Right to Appeal: 

If you 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: “Notice of Appeal,” 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 of the Notice of Appeal. 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 of the 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 Indigency will result in dismissal of 

your appeal. 

3. You bear the responsibility of ensuring a complete record on appeal. You may request 

from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court 

reporter must prepare a transcript and file it with the court clerk within fifteen calendar 

days of the filing the Notice of Appeal. Alternatively, you may file a statement of the 

evidence prepared jointly by both parties within fifteen calendar days of the filing of the 

Notice of Appeal. The statement of the evidence must convey a complete and accurate 

account of the 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 proof concerning 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’ Compensation Judge 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 of the 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. 

If neither 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. Code Ann. § 

50-6-239(c)(7).

For self-represented litigants: Help from an Ombudsman is available at 800-332-2667. 
NOTICE OF APPEAL 

Tennessee Bureau of Workers’ Compensation www.tn.gov/workforce/injuries-atwork/ 

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 filestamped 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