TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

CARRIE ROBINSON

, ) Docket No. 2016

- 06

- 1563

Employee, )

v. ) State File No. 48284

- 2016

VANDERBILT UNIVERSITY

, )

Employer

. ) Judge Joshua Davis Baker

EXPEDITED HEARING ORDER DENYING REQUEST FOR MEDICAL BENEFITS

This claim came before the Court on March 2, 2017 , on the r equest for e xpedited

h earing filed by Carrie Robinson pursuant to Tennessee Code Annotated section 50

- 6

- 239 (201 6 ). The present focus of this case is whether Ms. Robinson is entitled to medical

benefits for alleged work

- related neck and back injuries

. 1 Vanderbilt denied the claim

and raised the statute of limitations as a defense. For the reasons set forth below, the

Court finds Ms. Robinson would be un likely prevail at a hearing on the merits because she failed to timely file a workers’ compensation la wsuit

.

History of Claim

This claim concerns a neck and back condition that allegedly resulted from repetitive lifting. Ms. Robinson worked in a small market and deli located on Vanderbilt University’s campus. Her duties at the market required her to move large boxes of fruit and other sundries from the stock room, unpack the items from their boxes

, and place

them on she lves and displays.

On August 1, 201 5

, after working for Vanderbilt for approximately forty years,

Ms. Robinson retired. After re tiring, she sought treatment for back and neck pain and

underwent an MRI that revealed degenerative changes of the lumbar spine, including several disc bulges and annular tears, as well as osteoarthritis, stenosis and foraminal narrowing.

1 The Dispute Certification Notice listed temporary disability benefits as a disputed issue. At the hearing, Ms.

Robinson stated she was not pursuing those benefits.2

On April 26, 2016, a fter receiving the MRI results, Ms. Robinson sent a letter to Vanderbilt informing them of the condition of her back and her continued pain. The letter stated that the tears and bulging discs in her back were, “due to lifting heavy items on the job .” It further stated she had spoken with a representative from the Department of Labor who advised her to write Vanderbilt about filing a workers’ compensation

claim.

Tracey Woodard, senior claims supervisor for Vanderbilt , testified she denied the

cl aim based on lack of proper notice and lack of a specific injury. She further testified Vanderbilt never paid any workers’ compensation benefits to Ms. Robinson

.

Ms. Robinson filed a Petition for Benefit Determination (PBD) with the Bureau of

Workers’ Compensation. In her PBD, Ms. Robinson listed her date of injury as June 1, 2015. Although she signed the PBD on August 1, 2016, Ms. Robinson did not file it until August 19, 2016, more than one year after she retired from Vanderbilt.

At the hearing , Ms. Robinson testified she began having problems with her back

before she retired from Vanderbilt. Her trouble began when a reduction in market staffing forced her to take a more active role in transporting and stocking items. She also

testified about problems she experienced in performing day

- to

- day activities after she began experiencing back pain. Annie Wright, Ms. Robinson’s sister, also described the difficulty Ms. Robinson experienced after developing back pain.

Findings of Fact and Conclusi ons of Law

The following legal principles govern the Court’s analysis of this claim. In order to ultimately prevail, Ms. Robinson has the burden of proving all essential elements of her claim by a preponderance of the evidence. Scott v. Integrity Staffing Solution s, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 ( Aug. 18, 2015 ). At an expedited hearing, however, her burden of proof i s lower and requires her only to come forward with sufficient evidence from which this Court can determine that she is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50

- 6

- 239(d)(1) (2016 ); McCord v. Advantage Human Resourcing , 2015 TN Wr k. Comp. App. Bd. LEXIS 6, at * 9 ( M ar. 27, 2015). The Court holds Ms. Robinson failed to carry this burden because she filed her PBD beyond the statute of limitations.

Vanderbilt raised several affirmative defenses to Ms. Robinson’s claim including

the assertion that her claim is time

- b arred because she failed to file a PBD with in the

statute of limitations. In cases where the employer paid no benefits, t he Workers’ Compensation Law provides that, the employee’s “right to compensation shall be forever barred” unless the employee files a PBD within one year after the work

- related accident.

Tenn. Code Ann

. § 50

- 6

- 203(b) (1) (2016). Ms. Woodard testified that Vanderbilt denied Ms. Robinson’s claim and never paid her workers’ compensation benefits. Because she3

never received benefits from V anderbilt, Ms. Robinson had to file a PBD within one year of her date of injury to maintain a viable claim for benefits.

Ms. Robinson listed her date of injury as June 1, 2015. Accordingly, using this date as the date of injury, she needed to file a PB D no later than July 1, 2016, to prevent the statute of limitations from barring her claim. However, because Ms. Robinson’s

claim indicates a gradual or repetiti ve

- stress type injury as opposed to an acute incident, her date of injury is the last day she worked for Vanderbilt under the “last day worked”

rule. See Building Materials Corp. v. Britt , 211 S.W.3d 706, 711

- 14 (Tenn. 2007). Even utilizing this date as her date of injury, her claim is still time

- barred. Ms. Robinson last

worked for Vanderbilt o n August 1, 2015, so her statute of limitations ran as of that date in 2016. While Ms. Robinson signed her PBD on August 1, 2016, she did not file it with the Bureau until August 18. Accordingly, the statute of limitations barred her claim. The Court, t herefore, holds Ms. Robinson is unlikely to prevail at a hearing on the merits in proving her entitlement to workers’ compensation benefits. Her claim for medical benefits is denied. The Court will entertain an appropriate motion from Vanderbilt for

dism issal of this claim.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Robinson’s claim for medical benefits is denied.

2. This matter is set for a scheduling hearing on April 3 , 2017, at 10:30 a.m. (C D T). The Court will convene the scheduling hearing tele phonically. The parties must dial (615) 741

- 2113 or (855) 874

- 0474 to participate. Failure to participate in the s cheduling hearing may result in a determination of issues

without further input.

ENTERED ON THIS THE 10 TH DAY OF MARCH , 2017

.

___________________________________ Joshua Davis Baker, Judge Court of Workers’ Compensation Claims4 APPENDIX

Exhibits:

1. Medical records

2. Affidavit of Carrie Robinson and attached documents

3. Affidavit of Tracey Woodard and attached documents

4. Wage Statement

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Vanderbilt’s Response in Opposition to Request for Expedited Hearing5 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of th is Expedited Hearing Order was sent to the following recipients by the following methods of service on this the

_____ day

of March , 2017

.

Name Certified

Mail Via

Fax Via

Email Service sent to:

Carrie Robinson X X 800 Paige Ct. Nashville, Tennessee 37207 robinsoncm61@gmail.com Nathaniel Cherry X ncherry@howardtatelaw.com

_____________________________________ Penny Shrum, Clerk of Court Court of Workers’ Compensation Claims WC.CourtClerk@tn.gov