Carter v. Morristown-Hamblen

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee, Jean E. Carter, has appealed from the action of the trial court in dismissing her claim by sustaining a motion for summary judgment filed by the employer, Morristown-Hamblen Hospital Association. The circuit judge ruled the claim was barred because of the expiration of the one year statute of limitations. The record indicates plaintiff was injured at work on June 24, 1992. The complaint for workers' compensation benefits was filed on September 16, 1997, which was over five years after the accident. It is apparent the accident was treated as a compensable claim as the insurance company had paid medical bills totaling $69,495.23 prior to the period of time in question and had also paid a total of $7,182. in temporary total disability benefits for the periods June 25, 1992 through July 2, 1992 and December 7, 1993 through May 1, 1994. Also a total of $16,791.13 in "temporary partial disability payments" had been paid to plaintiff for the period May 2, 1994 through February 18, 1996. Defendant's motion for summary judgment is supported by the affidavit of Deborah Howard, an insurance claims adjuster. It establishes the last payment of benefits was during March 1996 and the last payment of a medical expense was on July 8, 1996 in the sum of $7.96 for medication purchased during December 1993. Plaintiff responded to the motion by filing an affidavit, attaching letters which she had received from the insurance company and filing defendant's answers to interrogatories. Her affidavit stated she was 72 years of age and had been employed as a registered nurse at the hospital; that she had sustained injuries to both knees and she was not aware there was a time limit requiring her to take any action concerning her claim; that she never thought about it being necessary to file a lawsuit; that the insurance company had paid her medical bills and had been paying her for her injuries; that the only time a suggestion was made concerning a period of time to take action was when she received the August 27, 1997 letter advising the time 2