Neal, Wendy v. Moore Construction Co. Inc.

FILED May 30, 2019 07:15 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT NASHVILLE WENDY NEAL, ) Employee, ) Docket No. 2017-06-1025 ) v. ) ) MOORE CONSTRUCTION CO., ) State File No. 36505-2017 INC., ) Employer, ) ) and ) Judge Joshua Davis Baker BRENTWOOD SERVICES, ) Carrier. )

COMPENSATION HEARING ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

This case came before the Court on Moore Construction’s motion for summary judgment in which it asserted material facts showing Ms. Neal’s condition arose primarily from degenerative conditions unrelated to the workplace accident. Thus, it argued the Court should grant summary judgment because she lacks proof of medical causation. Moore set the motion for a hearing. Thereafter, Ms. Neal filed a response where she agreed to all material facts and acceded not to oppose Moore’s motion. The Court therefore finds that no hearing is necessary; that there are no issues of material fact; and that Moore is entitled to summary judgment. See Tenn. R. Civ. P. 56.04.

IT IS, THEREFORE, ORDERED AS FOLLOWS: 1. The Court grants Moore’s motion for summary judgment and dismisses Ms. Neal’s claim with prejudice to its refiling.

2. Absent an appeal to the Appeals Board, this order shall become final in thirty days.

3. The Court assesses the $150.00 filing fee against Moore under Tennessee Compilation Rules and Regulations 0800-02-21-.07, for which execution may issue as necessary.

4. Moore shall pay the filing fee within five business days of the order becoming final.

5. Moore shall file form SD-2 with the clerk, via email at [email protected], within ten business days of this order becoming final.

ENTERED ON MAY 29, 2019.

_____________________________________ Joshua Davis Baker, Judge Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE I certify that a true and correct copy of this order was sent to the following May 30th recipients by the following methods of service on ____________, 2019.

Name Certified Via Via Service sent to: Mail Fax Email William Poland, X [email protected] Employee’s Attorney [email protected] Duane Willis, X [email protected]; Employer’s Attorney [email protected]

____________________________________ Penny Shrum, Clerk of Court Court of Workers’ Compensation Claims [email protected]

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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: "Compensation Hearing 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 ofthe filing fee. You must file the fully- completed 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 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.

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Tennessee Bureau of Workers' Compensation 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 of All 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 9. My expenses are: ! ~ li I ' Rent/House Payment $ per month Med icai/Dental $ _ _ ___ per month Groceries $ per month Telephone $ _ __ _ _ per month Electricity $ per month School Supplies $ _ _ _ _ _ per month Water $ per month Clothing $ _ _ _ _ _ per month Gas $ per month Child Care $ _ _ _ _ _ per month Transportation $ per month Child Support $ _ _ _ _ _ per month Car $ per month Other $ per month (describe:

10. Assets: Automobile $ _ _ _ __ (FMV) - - - - - - - - - - Checking/Savings Acct. $ _ _ _ __ House $ _ _ __ (FMV) - - - - - - - - - - Other $ _ _ _ __ Describe:_ _ _ _ __ _ __ __

11. My debts are: Amount Owed To Whom

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete and that I am financially unable to pay the costs of this 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