Trosper v. Town of Oneida

776 S.W.2d 72, 1989 Tenn. LEXIS 397
CourtTennessee Supreme Court
DecidedAugust 7, 1989
StatusPublished

This text of 776 S.W.2d 72 (Trosper v. Town of Oneida) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trosper v. Town of Oneida, 776 S.W.2d 72, 1989 Tenn. LEXIS 397 (Tenn. 1989).

Opinion

OPINION

FONES, Justice.

In this Workers’ Compensation case the plaintiff-employee appeals the denial of benefits based upon two separate claims. The trial court found that plaintiff failed to satisfy the statutory requirement of notice to the employer of the 7 March 1987 injury pursuant to T.C.A. § 50-6-201. The trial court determined that plaintiff failed to prove a causal connection between her emotional and mental injuries sustained and her allegations of sexual harassment while employed for the town of Oneida. We agree.

At time of trial plaintiff-appellant, Melissa Gaye Trosper, was a twenty-two-year-old female with a high school education. Plaintiff’s past work experiences consisted of employment as a dental assistant, a cashier at a fast food restaurant, and a lifeguard. In 1985 plaintiff started working part-time as a dispatcher for the Police Department for the town of Oneida, in which her uncle was the mayor. Plaintiff continued to be employed as a dispatcher until the fall of 1987.

Plaintiff avers that on 7 March 1987 during the course and scope of her employment she injured her back while moving a desk. The determinative issue surrounding the March incident was whether the notice requirement of T.C.A. § 50-6-201 was satisfied. T.C.A. § 50-6-201 provides:

Every injured employee or his representative shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and practicable, give or cause to be given to the employer who has not actual notice, written notice of the injury, ... and no compensation shall [73]*73be payable under the provisions of this chapter unless such written notice is given the employer within thirty (30) days after the occurrence of the accident, unless reasonable excuse for failure to give such notice is made to the satisfaction of the tribunal to which the claim for compensation may be presented.

Plaintiff testified on direct examination that on 7 March, while in the course and scope of employment:

The mayor came in and was going to buff the back floor in the dispatcher’s room, and he asked me to move the dispatcher’s desk.
Q. What did you do?
A. I had to scoot it. I couldn’t pick it up. I had to scoot it over out of the way. Q. What happened?
A. I pulled my back. I felt a burning in my back, and I told the mayor.
Q. What did you tell the mayor?
A. That I hurt my back. And he said that I was big enough, I could move it. And then he wanted me to move it back when he got finished. And I wouldn’t move it, so he made J.C. Lawson move it back.

Plaintiff testified that within a week from said injury she visited Dr. Huff regarding her back and related to him the manner in which her back injury occurred. However, Dr. Huff was not called to testify at trial or by deposition, nor was J.C. Lawson.

In contrast, the Mayor of Oneida testified that he did not recall requesting plaintiff to move the dispatcher’s desk. Further, he denied the plaintiff had ever reported to him that she had sustained a back injury as a result of moving the desk. The first notice that he ever received of an alleged on-the-job back injury was in a letter dated 21 December 1987, which he received from the plaintiff’s attorney.

Plaintiff’s immediate supervisor, Chief of Police MacArthur Burchfield testified by deposition that, “I don’t remember where I heard it [plaintiff’s back injury]. One had mentioned it. I heard after, just shortly after, they [mayor and city recorder] had [been] told that there was a claim or something for back injury.” He stated the first time that he remembered Melissa complaining of her back was after a car accident in April of 1987:

Q. But as far as the details of her back being hurt or her making any statements to you about how she hurt her back; you just don’t know?
A. No sir.

The city recorder for the Town of Oneida, Betty P. Matthews, testified as to the routine procedure for handling work related injuries; the supervisor in the department fills out a first report of injury and brings it to her and she forwards it to their insurance carrier. Further, she testified that plaintiff had not told her anything about a back injury sustained in March of 1987. On direct examination she testified:

Q. Did she [plaintiff] ever come to you at anytime and report that she had injured her back on the job?
A. No.
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Q. When was the first notice that the Town of Oneida had regarding a claim for an on-the-job back injury?
A. When we were served [with the workers’ compensation lawsuit].
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Q. What did you do after you were , served with the lawsuit?
A. I filled out a first report of injury.

The first report of injury was dated 30 December 1987. The trial judge found as a fact that:

The Mayor has testified directly that she did not report any injury to him, that he did not see an injury, and his testimony is supported by two reports filed subsequent to that that were marked “not work related.”

The plaintiff testified that it was her signature on the form which had to be filled out through the admissions office of the emergency room for physical therapy. This form was dated 3/20/87 and the answer “no” was checked in response to whether injury was employment related. Upon cross examination plaintiff testified [74]*74that even though she signed the form she had not read it. In addition, plaintiff testified that it was her signature on the form that the city recorder and she filled out to submit to the insurance carrier for payment of physical therapy treatment. The box “no” was marked in reference to whether condition was related to patient’s employment.

This Court is of the opinion that the evidence does not preponderate against the trial judge’s ruling. The only testimony of actual notice to the employer was that of plaintiff who testified that she told the mayor that she had hurt her back. The mayor’s testimony directly contradicted her and his testimony was corroborated by the forms signed by plaintiff. The trial judge obviously accepted the mayor’s testimony and rejected plaintiff’s.

The plaintiff argues that she was not required to give the employer notice of her back injury until such time that she was aware that she had sustained a com-pensable work injury. Plaintiff contends that once she had received medical advice from her attending physician, Dr. Bruce Coffey, that she had sustained a compensa-ble injury, she immediately gave written notice to the employer. Dr. Coffey testified by deposition that he initially saw plaintiff on 17 November 1987 with regard to her emotional disturbances. The first time Dr.

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Related

§ 50-6-201
Tennessee § 50-6-201

Cite This Page — Counsel Stack

Bluebook (online)
776 S.W.2d 72, 1989 Tenn. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trosper-v-town-of-oneida-tenn-1989.