Luther T. Beckett v. Gaylord Entertainment Company

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 issue is whether the defendant should be estopped to plead the bar of the Statute of Limitations. The trial judge ruled that waiver and estoppel were not implicated and dismissed the suit. The plaintiff alleged that he was injured while working for the Opryland Hotel on May 28, 1994. The defense of the Statute of Limitations was raised by motion for summary judgment, the hearing of which was bifurcated. The trial court determined that the plaintiff was aware of a job-related injury no later than June 8, 1994,1 but conducted a separate hearing on the issue of waiver and estoppel, following which he ruled that the delay in filing suit was the fault of the plaintiff. Plaintiff was employed at the Opryland Hotel in Nashville on May 28, 1994, as a doorman. On the early afternoon of May 28, 1994, he felt a pain in his lower right abdomen, and thought he had pulled a muscle and reported this to the door captain. He then told the bell services manager that he thought he had pulled a muscle and requested permission to go home, which was granted. He returned to work on his next scheduled work day, and continued to work without complaint until he was terminated for an unrelated reason on August 13, 1994. Plaintiff went to see his personal physician, Dr. Jacokes, about this injury on June 8, 1994. After examining the plaintiff, Dr. Jacokes advised him that he had a hernia. Plaintiff knew that his injury had occurred at work, but he made no mention to Opryland of his hernia before leaving his employment. Plaintiff testified that the pain in his lower abdomen worsened in April, 1995, and he sought additional medical treatment. His physician told him that he would need surgery and, as a result, he contacted defendant to file a workers' compensation claim. He was referred to Willis Corroon, the third party administrator of Opryland's workers' compensation claims, and spoke with Ms. Ann Parker, claims adjuster, at Willis Corroon. 1The Complaint was filed July 26, 1995. 2