Kenneth Brian Coates,
v.
Tyson Foods, Inc.
No. W2019-00904-SC-R3-WC
United States District Court, W.D. Tennessee
Supreme Court of Tennessee, Special Workers’ Compensation Appeals Panel, Jackson
July 28, 2020
Session April 20, 2020
Mailed
June 10, 2020
Appeal
from the Obion County Chancery Court No. 32,758 William M.
Maloan, Chancellor
Kenneth
Brian Coates (“Employee”) worked as a feed mill
supervisor for Tyson Foods, Inc. (“Employer”). On
June 6, 2013, Employee was using a sledge hammer to help
unload soybean meal from a railcar when he started to feel
pain in his elbows. Employee sought treatment with his family
physician, who diagnosed him with tennis elbow in both arms,
and informed him that his symptoms may resolve. On December
23, 2014, Employee met with an orthopedic surgeon who
recommended surgery. The surgery was performed on
Employee’s right elbow in January 2015 and on his left
elbow in March 2015. Employee did not miss any work related
to his injury until the date of his first surgery. Employee
did not return to work for Employer following his surgeries.
Employee filed a Request for a Benefit Review Conference with
the Tennessee Department of Labor, which resulted in an
impasse. Employee brought suit, and the trial court awarded
him back temporary total disability benefits and permanent
partial disability benefits. Relevant to the issues on
appeal, the trial court determined that Employee’s
claim was timely filed and that he did not have a meaningful
return to work. Employer has appealed. The appeal has been
referred to the Special Workers’ Compensation Appeals
Panel for a hearing and a report of findings of fact and
conclusions of law pursuant to Tennessee Supreme Court Rule
51. We affirm the judgment.
Tenn.
Code Ann. § 50-6-225(e) (2014) (applicable to
injuries occurring prior to July 1, 2014)
Appeal as of Right; Judgment of the Chancery
Court Affirmed
Heather H. Douglas, Nashville, Tennessee for the appellant
Tyson
Foods, Inc. Ricky L. Boren, Jackson, Tennessee for the
appellee Kenneth Brian Coates.
Roger
A. Page, J., delivered the opinion of the court, in which
Arnold B. Goldin, J. and Kyle C. Atkins, J., joined.
OPINION
ROGER
A. PAGE, JUSTICE
I.
Factual and Procedural Background
On June
23, 2015, Employee filed a Request for a Benefit Review
Conference with the Tennessee Department of Labor, which
resulted in an impasse. Employee filed this workers’
compensation action in the Chancery Court of Obion County.
The case proceeded to trial on February 20, 2019.
Testimony
of Employee
Employee
worked for Tyson Foods, Inc. as a supervisor at a feed mill.
He supervised five to six employees, and also performed
physical work himself. On June 6, 2013, Employee was helping
unload soybean meal from a railcar. The meal “sets up
like concrete,” and Employee was using a sledge hammer
to beat on the sides of the rail car. He testified that while
he was swinging the sledge hammer, he “just started
feeling pain in [his] elbows. And it was constant. It would
not go away.” Employee told his supervisor, Tim
Laster,1 about the pain “in
conversation.” Employee testified that the pain did not
get any better, and he went to see his family doctor, Dr.
Bruce Smith, in August 2013. Dr. Smith gave him cortisone
shots in each of his elbows. Employee told Dr. Smith that the
pain was from using a sledge hammer at work. He further
testified that he was told by Dr. Smith that the pain in his
elbows might resolve itself. Employee saw Dr. Smith four
times over the next year-and-a-half, but he did not improve.
On
November 6, 2014, Employee filled out a “Team Member
Statement of Injury or Illness” form with Employer.
Employee stated on the form that he has tennis elbow in both
arms from repeatedly swinging a sledge hammer and that the
date of injury was June 2013. The form states “[i]f the
injury was not reported on the date that it occurred, why did
you wait?” Employee responded on the form that he
“[w]as told it may go away on its own, but
hasn’t.” Employer initially provided Employee
with a form to select an authorized treating physician, but
Employee’s claim was subsequently denied.
Employee
saw Dr. Smith for the last time related to his elbows on
December 14, 2014. At that appointment, Dr. Smith referred
Employee to Dr. Phillip Hunt, an orthopedic surgeon. Employee
met with Dr. Hunt on December 23, 2014, and Dr. Hunt
performed surgery on Employee’s right elbow in January
2015, and on his left elbow in March 2015. Prior to his
surgeries, Employee had not missed any work related to his
elbows and had continued working until the day of his first
surgery.
Following
his surgeries, Employee received letters from Employer
related to his leave under the Family Medical Leave Act
(“FMLA”) and also spoke with Employer’s
human resources manager, LaShonda Cook. Ms. Cook informed
Employee that his job was being posted in June 2015, after
his FMLA benefits had expired. At that point in time,
Employee still had...
