                                                                                          FILED
                                                                                        Feb 04, 2020
                                                                                       10:09 AM(CT)
                                                                                    TENNESSEE COURT OF
                                                                                   WORKERS' COMPENSATION
                                                                                          CLAIMS




            TENNESSEE BUREAU OF WORKERS’ COMPENSATION
           IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
                          AT MURFREESBORO

JOHN STANLEY,                                   ) Docket No. 2019-05-0391
         Employee,                              )
v.                                              )
BATESVILLE CASKET,                              ) State File No. 22719-2019
         Employer,                              )
and                                             )
FARMINGTON CASUALTY CO.                         ) Judge Dale Tipps
         Carrier.                               )



      EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS


       This case came before the Court on January 30, 2020, for an Expedited Hearing.
The threshold issue is whether Mr. Stanley’s claim is barred by the statute of limitations.1
For the reasons below, the Court holds Mr. Stanley is unlikely to establish at a hearing on
the merits that he timely filed his claim. Therefore, the Court holds that he is not entitled
to benefits at this time.

                                       History of Claim

        Mr. Stanley is a long-time employee at Batesville. On November 22, 2017, his
right shoulder began hurting at work. Mr. Stanley did not realize he injured his shoulder
but thought it was just sore. He continued trying to work through his discomfort and pain
to the point that he could barely move his arm.

      A few weeks later, Mr. Stanley took his mother to her orthopedic surgeon
appointment. While there, the doctor examined Mr. Stanley’s shoulder and said he
probably had a torn rotator cuff.

1
  Other issues before the Court are notice and medical causation. Because of the Court’s statute of
limitations holding, it is unnecessary to address these issues at this time.
                                                1
      Mr. Stanley notified his supervisor of the injury around January 9, 2018.
Batesville provided medical treatment at its on-site clinic on January 10 and 18 but later
denied the claim.

       Mr. Stanley sought treatment on his own, including rotator cuff repair surgery.
His health insurance carrier denied payment on the grounds that his injury was work-
related. Mr. Stanley stated that he is back at work and only wants his medical bills paid.

      Among its other arguments, Batesville contended that the statute of limitations
bars Mr. Stanley’s claim. It asked the Court to deny his request.

                       Findings of Fact and Conclusions of Law

       Mr. Stanley must provide sufficient evidence from which this Court might
determine he is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-
239(d)(1) (2019); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App.
Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). Applying this standard to the facts of this case,
the Court cannot find that Mr. Stanley is likely to prevail at a hearing on the merits of his
claim.

        Tennessee’s workers’ compensation law provides the following statute of
limitations for initiating a claim:

       In instances when the employer has voluntarily paid workers’ compensation
       benefits, within one (1) year following the accident resulting in injury, the
       right to compensation is forever barred, unless a petition for benefit
       determination is filed with the bureau on a form prescribed by the
       administrator within one (1) year from the latter of the date of the last
       authorized treatment or the time the employer ceased to make payments of
       compensation to or on behalf of the employee.

Tenn. Code Ann. § 50-6-203(b)(2). Further:

       The employer has the burden of proof to establish facts which the employer
       claims as a bar to the workers’ compensation claim, such as the expiration of
       the statute of limitations. When, however, a defendant establishes an
       affirmative defense, the burden shifts to the plaintiff to demonstrate a
       recognized exception.

Cloyd v. Hartco Flooring Co., 274 S.W.3d 638, 647 (Tenn. 2008).

       Mr. Stanley testified that Batesville never paid temporary disability benefits and

                                             2
provided no medical treatment after January 18, 2018. He did not file his Petition for
Benefit Determination until March 20, 2019, fourteen months later. Because he failed to
file within one year of the last authorized treatment and failed to demonstrate a
recognized exception, the Court must hold that Mr. Stanley is not likely to prevail at a
hearing on the merits.

   IT IS, THEREFORE, ORDERED as follows:

   1. Mr. Stanley’s claim against Batesville Casket for the requested medical and
      temporary disability benefits are denied at this time.

   2. This case is set for a Scheduling Hearing on April 21, 2020, at 9:00 a.m. You
      must call toll-free at 855-874-0473 to participate. Failure to call might result in a
      determination of the issues without your further participation. All conferences are
      set using Central Time.

      ENTERED February 4, 2020.



                                  _____________________________________
                                  Judge Dale Tipps
                                  Court of Workers’ Compensation Claims


                                      APPENDIX

Exhibits:
   1. Affidavit of John Stanley
   2. Records from Tennessee Orthopedic Alliance
   3. Medical bills
   4. October 24, 2019 note from Dr. Edward Glenn
   5. Records from Linda Williams, APN, and Kelsey Purcell, PA
   6. Collective medical records

Technical record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. Request for Expedited Hearing
   4. Employer’s Prehearing Brief
   5. Employer’s Witness and Exhibit List



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                          CERTIFICATE OF SERVICE

      I certify that a copy of the Expedited Hearing Order was sent as indicated on
February 4, 2020.

 Name                     Certified   Email    Service Sent To
                           Mail
 John C. Stanley                        X      Calvinstanley909@gmail.com
 Sarah Best,                            X      shbest@mijs.com
 Employer’s Attorney



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




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