DEBORAH MORGAN v. BEALL MANUFACTURING, INC., ET AL. - Articles

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DEBORAH MORGAN v. BEALL MANUFACTURING, INC., ET AL.

Posted by: Tanja Trezise on Oct 25, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Deborah Morgan, McKenzie, Tennessee, employee-appellant, pro se

Attorneys 2: Paul T. Nicks, Nashville, Tennessee, for the employer-appellee, Beall Manufacturing, Inc.

Judge(s): GODKIN

The employee reported injuring her left hand and wrist while in the course and scope of her employment, and the employer initially provided a panel of physicians. After the employee failed to complete a post-accident drug screen, the employer denied the claim, asserting it was entitled to certain presumptions pursuant to the rules governing Tennessee’s Drug Free Workplace Program. Following an expedited hearing, the trial court concluded the employer was not entitled to any presumptions but also found the employee failed to show she is likely to prevail at trial in proving medical causation and denied her request for medical benefits. Thereafter, the employer filed a motion for summary judgment, which the trial court denied. The employer subsequently provided a panel of orthopedic physicians to the employee, and, after obtaining a causation opinion from the authorized physician, the employer filed a second motion for summary judgment. In response to the motion, the employee submitted a medical record and letter from the authorized physician addressing causation. The trial court determined that the employee’s causation opinions were inadmissible at the summary judgment stage. The court granted the employer’s motion for summary judgment and dismissed the employee’s claim, concluding the employer successfully negated an essential element of the employee’s claim and established the employee’s proof was insufficient to create a genuine issue of material fact as to causation. The employee has appealed. Upon careful review of the record, we affirm the trial court’s order and certify it as final.

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