                                                                                FILED
                                                                              Dec 16, 2019
                                                                             04:00 PM(ET)
                                                                           TENNESSEE COURT OF
                                                                          WORKERS' COMPENSATION
                                                                                 CLAIMS




           TENNESSEE BUREAU OF WORKERS' COMPENSATION
          IN THE COURT OF WORKERS' COMPENSATION CLAIMS
                         AT CHATTANOOGA

Sandra Coker,                               )   Docket No.: 2018-01-0137
           Employee,                       )
v.                                         )
Storm Power Components,                     )   State File No.: 14421-2018
             Employer,                      )
and                                         )
Bridgefield Employers Ins. Co.,             )   Judge Thomas Wyatt
             Carrier.                       )


     COMPENSATION HEARING ORDER GRANTING SUMMARY JUDGMENT


       This claim came before the Court on December 13, 2019, for argument of Storm
Power Components' motion for summary judgment.            Attorney Rebecca Hicks
represented Sandra Coker, and Attorney Amy Brown represented Storm Power during the
hearing.

       Ms. Coker filed this claim almost two years ago alleging that her serious
respiratory condition arose primarily out of and in the course and scope of her
employment at Storm Power, which allegedly exposed her to certain environmental
hazards. Storm Power sought discovery from Ms. Coker, including identification of
experts she would rely on in support of her claim. Ms. Coker failed to identify experts.
Storm Power filed its summary judgment motion seeking dismissal because Ms. Coker
could not come forward with expert medical testimony that her condition was work-
related.

       After Storm Power filed its motion, Ms. Coker sought additional time to locate an
expert. The Court granted Ms. Coker an additional sixty days to locate an expert and
submit evidence in support of her claim. That time has passed.

      Ms. Hicks announced that Ms. Coker had decided not to pursue her claim. She
provided no expert opinion supporting the work-relatedness of her condition. Storm


                                           1
Power relied on its motion and asked the Court to dismiss the claim on summary
judgment.

        In King v. Kasei North America, Inc., 2019 TN Wrk. Comp. App. Bd. LEXIS 16,
at *6, 9-10 (Apr. 4, 2019), the Workers' Compensation Appeals Board held:

               [s]ummary 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. In circumstances where a motion for summary judgment is filed by
        a party who does not bear the burden of proof at trial, "the moving party
        may satisfy its burden of production either (1) by affirmatively negating
        an essential element of the nonmoving party's claim or (2) by
        demonstrating that the nonmoving party's evidence at the summary
        judgment stage is insufficient to establish the nonmoving party's claim or
        defense."

(Citations omitted.)

       In King, the court granted the employee two extensions to submit expert opinions
in response to summary judgment, but she did not do so. The Appeals Board held that
summary judgment of the entire claim was appropriate under the second prong of the
standard, even though the employer only negated the compensability of one of the
employee's alleged injuries.

       Here, Ms. Coker has the burden of proving all the essential elements of her claim,
which requires an expert medical opinion that her work "contributed more than fifty
percent (50%) in causing the death, disablement or need for medical treatment,
considering all causes." See Panzarella v. Amazon.com, Inc., No. 2015-01-0383, 2017
TN Wrk. Comp. App. Bd. LEXIS 30, at *9-11 (Tenn. Workers' Comp. App. Bd. May 15,
20 17). She has had almost two years to obtain expert evidence supporting her claim.
Even though the Court followed the scheduling format of Rule 56 and, in fact, extended
Ms. Coker's time to obtain evidence supporting her claim, she conceded that she had no
evidence to present.

       For the reasons set forth above, the Court grants summary judgment and dismisses
Ms. Coker's claim with prejudice to its refiling. The Court taxes the filing fee of$150.00
to Storm Power under Tennessee Compilation Rules and Regulations Rule 0800-02-21-
.06. Further, Storm Power shall prepare and submit a Statistical Data Form for this
matter within ten calendar days of the date of judgment.



                                            2
       IT IS SO ORDERED.

       ENTERED December 16, 2019.




                                   Judge Thomas Wyatt
                                   Court of Workers' Compensation Claims

                             CERTIFICATE OF SERVICE

 I certify that a copy of the Order was sent as indicated on December 16, 2019.

Name                        Certified    Email     Service sent to:
                            Mail
Rebecca Hicks                              X       hickslaw@volstate.net
Employee's Attorney                                aschaefer@volstate.net

Nick Peterson                              X       Nick.peterson@petersonwhite.com
Employer's Attorney                                Beverly .uphoff@petersonwhite.com



                                          ~£n~
                                             - _rA~
                                                  .. · · _V0~
                                          Penny Shru~~
                                                            W¥~
                                          WC.CourtClerk@tn.gov




                                               3
