By Courtney S. Paterson

Don Johnson v. Stanley Convergent Security Systems, et al.

Docket No. 2016-08-0656
State File No. 6727-2016
Filed August 3, 2017

Posture

This is a case before the Appeals Board on interlocutory appeal filed by the employer, and the dispute was whether the employer should be required to provide medical and temporary disability benefits.

Employee alleged suffering an injury to his left shoulder on March 25, 2015 when he was installing a door at a manufacturing plant. He felt a “pop” in his left shoulder, followed immediately by pain in his shoulder. Employee emailed his supervisor the following day but was not provided a panel of physicians. On June 19, 2015 Employee fell on his left shoulder while working, causing an increase in pain. Employee told his supervisor, but continued working. In December 2015 Employee provided his employer a written description of both the March and June incidents. Employer filed a first report of injury in January 2016, but listed only the June incident. Employer then denied Employee’s claims on April 26, 2016 stating that the medical evidence did not support a work related injury. Employee filed a petition for benefit determination on June 9, 2016 where he described the March 2015 incident, but made no mention of the June fall. Employer filed a motion for summary judgment arguing the petition was untimely filed. The trial court denied the employer’s motion concluding that there were disputed issues of material fact as to when it was “discoverable and apparent” that Employee had sustained a compensable injury.

The appeals board reversed the decision of the trial court finding Employer was entitled to summary judgment.

An associate with Spicer Rudstrom since 2009, Courtney focuses her practice on automobile liability, insurance coverage litigation, insurance defense litigation, insurance subrogation, premises liability, products liability and workers’ compensation. She is admitted to practice in all trial and appellate state courts in Tennessee, as well as the U.S. District Court for the Middle District of Tennessee.