Decision Regarding Statute of Limitations

Aug 18, 2017 | Featured, News

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


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

The 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. The 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. The employee told his supervisor but continued working.

In December 2015 Employee provided his employer with a written description of both the March and June incidents. The employer filed a first report of injury in January 2016 but listed only the June incident. The employer then denied Employee’s claims on April 26, 2016, stating that the medical evidence did not support a work-related injury. The 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.

The 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 the 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.