Johnson, Stephanie v. Integrity Staffing Solutions, Inc. , 2016 TN WC 172 ( 2016 )


Menu:
  •                                                                                                            J uly 27,201.6
    1N COURT OF
    WORKERS' COl\JPINSATION
    CLAi l\IS
    TENNESSEE BUREAU OF WORKERS' COMPENSATION
    IN THE COURT OF WORKERS' COMPENSATION CLAIMS
    AT CHATTANOOGA
    Stephanie Johnson                                            )    Docket Nos.: 2016-01-0108
    )                 2016-01-0109
    Employee,                                )
    )    State File Nos.: 10778-2015
    v.                                                           )                     687-2016
    )
    Integrity Staffing Solutions, Inc.                           )    Judge Audrey A. Headrick
    Employer.                                       )
    EXPEDITED HEARING ORDER DENYING
    REQUESTED BENEFITS
    These matters came before the Court on June 16, 2016, on Requests for Expedited
    Hearing filed by the employee, Stephanie Johnson, pursuant to Tennessee Code
    Annotated section 50-6-239 (20 15). The central legal issue is whether Ms. Johnson is
    likely to prevail at a hearing on the merits in proving entitlement to medical benefits and
    temporary partial disability benefits regarding an alleged aggravation of her pre-existing
    cervical and back conditions. For the reasons set forth below, the Court finds Ms.
    Johnson did not come forward with sufficient evidence to prove she is likely to prevail at
    a hearing on the merits at trial; thus, she is not entitled to medical or temporary partial
    disability benefits. 1
    History of Claim
    Ms. Johnson filed Petitions for Benefit Determination on February 17, 2016,
    seeking medical benefits and temporary partial disability benefits. The parties did not
    resolve the disputed issues through mediation, and the mediator filed Dispute
    Cet1ification Notices on April 6, 2016. Ms. Johnson filed Requests for Expedited
    1
    A complete listing ofthe technical record and exhibits is attached to this Order as an appendix.
    Hearing, and this Court heard these matters on June 16, 2016. 2
    Ms. Johnson is a forty-three-year-old resident of Walker County, Georgia.
    Integrity, a temporary staffing agency, hired her on November 13, 2015. Ms. Johnson
    alleged a neck and back injury on December 18, 2015, while working at Amazon when a
    co-worker pushing a cart struck her left hip. Approximately nine days later, Ms. Johnson
    alleged additional injuries to her neck, back and right thigh on December 27, 2015, when
    she tripped over an empty tote cart in the walkway at Amazon. Integrity stipulated Ms.
    Johnson provided notice for both dates of injury. It further stipulated to the
    compensability of Ms. Johnson's right-thigh injury sustained on December 27, 2015.
    Ms. Johnson's testimony and documentary evidence submitted at the expedited
    hearing revealed the history concerning her two claims. Immediately after the cart
    incident on December 18,2015, Ms. Johnson went to AmCare, Amazon's on-site medical
    clinic. (Ex. 27.) She completed an AmCare Associate First Report of Injury form
    indicating the cart struck her left "lower back but [sic] cheek." !d. Ms. Johnson wrote,
    "the cart bounced off my lower back but [sic] cheek wen [sic] [the co-worker] hit me
    with rebin cart." !d. When asked if outside medical treatment was offered, Ms. Johnson
    wrote "panel." !d. Under "Declined Outside Medical Treatment," she checked "yes."
    !d.
    Although Ms. Johnson declined a panel at that time, the AmCare provider gave
    Ms. Johnson the business card of Joe Holland, safety Manager for Integrity, and told her
    to contact him before she went to a doctor. !d. The record reflects Ms. Johnson replied,
    "well, I want to make sure I go see a doctor that's going to say the right thing ... I'll
    probably go to the one by Erlanger." !d. Ms. Johnson also admitted she had "a history of
    lower back problems as a result of an injury that occurred while working for another
    company (Standifer Place)." !d. During the hearing, Ms. Johnson acknowledged she
    previously had a similar claim against Standifer Place for her neck and back.
    Ms. Johnson subsequently requested and received a panel from Mr. Holland on
    December 22, 2015. (Ex. 33.) Since Ms. Johnson complained of significant low back
    pain, Integrity provided a panel containing back specialists from which she selected Dr.
    Timothy Strait. Prior to seeing Dr. Strait, Ms. Johnson sustained a second work injury on
    December 27, 2015. While walking to her workstation, Ms. Johnson fell over an empty
    tote cart. She testified she fell on her right side, landed on her back, and may have hit her
    head. Again, Ms. Johnson presented to AmCare.
    Ms. Johnson testified she disputes the accuracy of the information documented by
    AmCare at her December 27, 2015 visit. During Ms. Johnson's visit to AmCare, she
    2
    The CoUJ1 heard both of Ms. Johnson's claims during one expedited hearing, which lasted approximately five
    hours.
    2
    provided a statement to Integrity that she signed electronically. (Ex. 7.) A witness,
    Sierra Johnson, Ms. Johnson's daughter, was with her at AmCare when she completed
    the report. Sierra testified the AmCare provider asked her mother questions about what
    happened and typed in her responses. When defense counsel read the report aloud, Sierra
    stated it did not include that her mother hurt her back on December 27,2015.
    Ms. Johnson testified she had the opportunity to review and correct the statement
    provided to Integrity. However, she stated that she was tired. Ms. Johnson also stated
    she did not remember electronically signing the report. Mr. Holland testified that the e-
    signature verification only occurs after an employee correctly answers personal identity
    questions. On the same day, Ms. Johnson signed a Case Closure Request requesting that
    her "case with AMCARE be closed." (Ex. 22.) However, the form stated she was "free
    to return to AMCARE for treatment at any point in time."
    Later that day, Ms. Johnson testified she went to an emergency room after she
    returned home because she "began feeling immediate pain all over." Ms. Johnson
    acknowledged having Mr. Holland's business card with his contact information. She also
    acknowledged that Am Care personnel told her to call Mr. Holland if she needed medical
    treatment. However, Ms. Johnson stated she thought she had lost his card.
    Ms. Johnson returned to work the following day on December 28, 2015. She
    testified she tried to work but had to tell her manager, "Baboo," that she "could not take it
    anymore." Ms. Johnson proceeded to wait in the breakroom for her daughter, Sierra, to
    get off work. However, before leaving work, Ms. Johnson also spoke with Mr. Holland
    and Eric Townsend, a safety specialist. She testified that Mr. Holland was furious
    because she went to the emergency room. Ms. Johnson alleged that Mr. Townsend
    suspended her because she went to the emergency room, and Mr. Townsend and Mr.
    Holland were unwilling to look at her medical papers.
    Mr. Holland testified he did not see any medical papers when Ms. Johnson spoke
    with him and Mr. Townsend. Since Ms. Johnson went to the emergency room without
    his knowledge and provided no work restrictions, he stated Integrity's policy is to have
    the employee evaluated by a workers' compensation doctor. Mr. Holland's staff
    provided Ms. Johnson with a panel of physicians, and she chose Workforce Corporate
    Health. (Ex. 24.) He stated he did not provide a back panel to Ms. Johnson because she
    had reported a right thigh injury on December 27, 2015, and he had no knowledge her
    back was involved. Mr. Holland also explained that Ms. Johnson was in "suspended
    status" to keep her from getting points while waiting for her evaluation with Workforce.
    Ms. Johnson did not return to work after December 28,2015.
    Ms. Johnson saw Dr. Jayant Eldurkar at Workforce on January 5, 2016. (Ex. 23.)
    She listed the body parts injured on December 27, 2015, as "neck, mid back, low back,
    right hand, low back. hip pain." !d. Ms. Johnson gave a history of tripping over a cart
    3
    and falling on her right side at work on December 27, 2015. Ms. Johnson told Dr.
    Eldurkar she sought emergency treatment at Parkridge, and all x-rays taken of her
    cervical, thoracic, lumbar spine and right femur were normal. !d. She also told Dr.
    Eldurkar about the cart hitting her low back at work on December 18, 2015. !d. The
    record reflected Ms. Johnson "was uncooperative throughout the examination." !d.
    Although Dr. Eldurkar diagnosed Ms. Johnson with a lumbar and cervical
    sprain/strain, an addendum stated:
    During checkout this patient was observed to bend forward while standing
    at the front desk without any difficulty. She is also observed walking to her
    car with a normal gait. She was able to get into the passenger side of the
    car without any difficulty or assistance.
    !d. Dr. Eldurkar prescribed medication, ordered a cervical and lumbar spine MRI, and
    released her to return to work with restrictions. !d.
    On the Health Care Provider Request for Medical Information (RMI) form signed
    by Dr. Eldurkar on January 5, 2016, he listed his diagnoses as cervical and lumbar
    sprain/strain and right thigh contusion. 3 !d. In response to fonn questions regarding
    whether the injury was work-related, he checked "undetermined." !d. Although he
    provided work restrictions, Dr. Eldurkar also wrote, "[ n]o restrictions related to R thigh
    contusion." 4 !d. Following Ms. Johnson's visit with Dr. Eldurkar, Mr. Holland testified
    he attempted to reach her January 6, 2016, through January 8, 2016, about returning to
    work. He also stated he sent an e-mail to Ms. Johnson.
    On January 19, 2016, Ms. Johnson saw Dr. Timothy Strait. 5 (Ex. 8.) As
    previously noted, Ms. Johnson selected Dr. Strait from a panel for her December 18,
    2015 injury. However, the history given to Dr. Strait indicated the following:
    [Ms. Johnson] is seen in neurosurgical consultation for continued neck and
    lower back pain that she relates to a work-related injury, which occurred on
    December 27, 2015. However, she did report a previous injury occurring
    on December 18, 2015, but she continued to work. She reports that the
    second injury clearly worsened her neck and lower back pain. She has been
    unable to work since the injury. She reports having some previous neck
    and lower back problems. 6
    ' Ms. Johnson testified that she still has a bruise on her right thigh.
    4
    Ms. Johnson perceived Dr. Eldurkar's attitude as uncaring and biased. She described his staff as rude and
    disrespectful.
    5
    At the expedited hearing, Integrity stipulated it would pay an outstanding medical bill for UT Erlanger.
    6
    At the expedited hearing, Ms. Johnson alleged that her degenerative disc disease "reactivated" when she fell.
    4
    !d. After performing a physical examination of Ms. Johnson and reviewing cervical,
    thoracic and lumbar spine x-rays, Dr. Strait opined her condition did not indicate an
    ongoing nerve root compression syndrome. !d. For that reason, he declined Ms.
    Johnson's request for cervical and lumbar MRis. Dr. Strait recommended three weeks of
    physical therapy, placed her on restricted duty, and released her to return to normal work
    duties after completing therapy. 7 !d.         On the RMI form, Dr. Strait marked
    "undetermined" regarding causation of Ms. Johnson's diagnoses. !d. When later asked
    by Integrity's workers' compensation carrier to opine whether the cart incident on
    December 18, 2015, caused her diagnoses, Dr. Strait responded on February 1, 2016, and
    wrote "<50%." !d.
    Ms. Johnson disagreed with Dr. Strait's medical opinion and went on her own to
    Southeastern Spine Specialist for a second opinion from Physician's Assistant Jessica
    Scott. Although she stated she saw Ms. Scott through February 16, 2016, Ms. Johnson
    did not admit any supporting medical records into evidence. However, she did admit a
    letter dated April21, 2016, signed by Ms. Scott and Dr. Jay Jolley. (Ex. 16B.) The one-
    sentence letter states, "[t]he work injury could have aggravated the pre-existing cervical
    DDD." !d.
    During the expedited hearing, the parties testified regarding the circumstances
    surrounding Integrity's offers of sedentary work to accommodate Ms. Johnson's
    restrictions. Mr. Holland met with Ms. Johnson on January 26, 2016, to discuss returning
    to work. He offered her a sedentary position, and she signed a Transitional Work Offer
    Letter accepting the position. (Ex. 15.) However, the following morning, Ms. Johnson
    left Mr. Holland a voice message stating she could not return to work due to her pain
    level. Mr. Holland sent a letter to Ms. Johnson the next day verifYing the transitional
    work assignment was still available. (Ex. 2.) When Ms. Johnson replied by e-mail, she
    reiterated that she had called Mr. Holland on January 27, 2016, advising she had severe
    low back pain. (Ex. 9.) She also expressed her belief that Mr. Holland was supposed to
    schedule her for re-evaluation by Dr. Strait due to her continued pain. !d. Ms. Johnson
    did not return to work after December 28, 2015, and she asserted she is still not ready to
    return to work.
    Ms. Johnson argued the evidence showed she is entitled to medical benefits and
    temporary disability benefits for her December 18, 2015 and December 27, 2015 claims
    regarding her pre-existing cervical and back conditions. 8 Ms. Johnson argued that Dr.
    Jolley's causation opinion stated her condition is work-related, which contradicts Dr.
    Strait's opinion.
    Regarding Ms. Johnson's request for medical benefits, Integrity argued that the
    7
    Ms. Johnson attended physical therapy at Benchmark from February 3, 2016, through February 18, 2016.
    8
    She contended everyone treated her unfairly and asserted it was unsafe for her to return to work in her condition.
    5
    medical evidence does not satisfy the statutory definition for "injury" set forth in
    Tennessee Code Annotated section 50-6-102(14) (2015). Dr. Eldurkar, the panel
    physician for Ms. Johnson's December 27, 2015 claim, was unable to determine if her
    work injury caused her diagnoses. Dr. Strait, the panel physician for Ms. Johnson's
    December 18, 2015 claim, was aware of both work incidents and opined that her
    employment did not contribute more than fifty percent in causing her cervical and back
    conditions.
    Integrity contended the panel physicians' opmwns on causation are presumed
    correct under Tennessee Code Annotated section 50-6-102(14)(E) (2015). It also
    contended Dr. Jolley's opinion does not satisfy the statutory definition of "injury" and
    fails to overcome the presumption of correctness given to the panel physicians.
    Additionally, Integrity argued Ms. Johnson is not entitled to reimbursement of her
    emergency room visit to Parkridge Medical Center because she sought treatment on her
    own without first contacting Mr. Holland or requesting a panel ofphysicians. 9
    Regarding Ms. Johnson's request for temporary partial disability benefits,
    Integrity argued she is not entitled to any such benefits. Integrity contended Ms. Johnson
    failed to accept the light duty work it offered to her that was within her restrictions. It
    further contended Ms. Johnson chose not to return to work despite her restrictions
    remaining unchanged.
    Findings of Fact and Conclusions of Law
    Ms. Johnson has the burden of proof on all essential elements of her workers'
    compensation claim. Tindallv. Waring ParkAss'n, 725 S.W.2d 935,937 (Tenn. 1987); 10
    Scott v. Integrity Staffing Solutions, No. 2015-01-0055, 2015 TN Wrk. Comp. App. Bd.
    LEXIS 24, at *6 (Tenn. Workers' Comp. App. Bd. Aug. 18, 2015). She is not required to
    prove every element of her claim by a preponderance of the evidence in order to obtain
    relief at an expedited hearing. McCord v. Advantage Human Resourcing, No. 2014-06-
    0063, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Tenn. Workers' Comp. App.
    Bd. Mar. 27, 2015). At an expedited hearing, Ms. Johnson has the burden to come
    forward with sufficient evidence from which the trial court can determine that she is
    likely to prevail at a hearing on the merits. !d.
    The Court finds Ms. Johnson failed to demonstrate a likelihood of success on the
    9
    The Court will not address the specific issue of Ms. Johnson's emergency room visit to Parkridge Medical Center
    since no medical bill or medical record regarding the visit was admitted into evidence during the expedited hearing.
    10
    The Tennessee Workers' Compensation Appeals Board allows reliance on precedent from the Tennessee Supreme
    Court "unless it is evident that the Supreme Court's decision or rationale relied on a remedial interpretation of pre-
    July I, 2014 statutes, that it relied on specific statutory language no longer contained in the Workers' Compensation
    Law, and/or that it relied on an analysis that has since been addressed by the general assembly through statutory
    amendments." McCord v. Advantage Human Resourcing, No. 2014-06-0063, 2015 TN Wrk. Comp. App. Bd.
    LEXIS 6, at *13 n.4 (Tenn. Workers' Comp. App. Bd. Mar. 27, 2015).
    6
    merits at trial regarding an aggravation of her pre-existing cervical and back conditions in
    relation to her December 18, 2015 and December 27, 2015 claims. As explained by the
    Tennessee Workers' Compensation Appeals Board, Ms. Johnson "can satisfy the burden
    of proving a compensable aggravation if: ( 1) there is expert medical proof that the work
    accident 'contributed more than fifty percent (50%)' in causing the aggravation, and (2)
    the work accident was the cause of the aggravation 'more likely than not considering all
    causes."' Miller v. Lowe's Home Centers, Inc., No. 2015-05-0158,2015 TN Wrk. Comp.
    App. Bd. LEXIS 40, at *13 (Tenn. Workers' Comp. App. Bd. Oct. 21, 2015). However,
    Dr. Strait, the panel physician for Ms. Johnson's December 18, 20 15 claim, opined the
    work accident contributed less than fifty percent in causing any aggravation. (Ex. 8.) Dr.
    Eldurkar, the panel physician for her December 27, 2015 claim, checked "undetermined"
    regarding his diagnoses. (Ex. 23.)
    Under the Workers' Compensation Law, the panel physician's opinion regarding
    causation "shall be presumed correct but this presumption shall be rebuttable by a
    preponderance of the evidence." Tenn. Code Ann. § 50-6-102(14)(E) (2015). Ms.
    Johnson must rebut the presumption of correctness regarding the medical opinions of Dr.
    Strait and Dr. Eldurkar in order to prevail. However, the only medical proof relied upon
    by Ms. Johnson is the opinion of Dr. Jolley, who opined, "[t]he work injury could have
    aggravated the pre-existing cervical DDD." (Emphasis added.) (Ex. 16B.) Language
    such as "could have" was previously acceptable in addressing causation for pre-Reform
    cases. However, under the Workers' Compensation Reform Act of 2013, reliance upon
    medical opinions based on "speculation or possibility" are no longer permissible. See
    Tenn. Code Ann. § 50-6-102(14)(D). Therefore, Ms. Johnson's medical proof failed to
    rebut the presumption of correctness regarding the panel physicians' causation opinion.''
    With this finding in mind, the Court considered whether Ms. Johnson is likely to
    prevail at a hearing on the merits regarding an aggravation of her pre-existing cervical
    and back conditions. Ms. Johnson is only entitled to medical treatment "made reasonably
    necessary by [the] accident." Tenn. Code Ann.§ 50-6-204(a)(l)(A) (2015). Based upon
    the opinions of Drs. Strait and Eldurkar, the medical treatment requested by Ms. Johnson
    for her pre-existing cervical and back conditions is not "made reasonably necessary by
    [the] accident[s]." ld. Accordingly, Ms. Johnson has not demonstrated that she is likely
    to prevail at a hearing on the merits regarding the issue of medical benefits, and the issue
    regarding temporary disability benefits is rendered moot.
    IT IS, THEREFORE, ORDERED as follows:
    1. Ms. Johnson's request for medical benefits is denied.
    11
    As previously indicated, Integrity stipulated to the compensability of Ms. Johnson's right thigh injury sustained
    on December 27, 20 15.
    7
    2. Ms. Johnson's request for temporary partial disability benefits is denied.
    3. This matter is set for a status conference on August 18, 2016, at 2:00p.m., ET.
    ENTERED this the 27th day of July, 2016.
    Status Hearing:
    A Status Hearing has been set on August 18, 2016, at 2:00 p.m. Eastern Time,
    with Judge Audrey A. Headrick, Court of Workers' Compensation Claims. You
    must call 423-634-0164 or toll free at 855-383-0001 to participate in the hearing.
    Please Note: You must call in on the scheduled date/time to participate.
    Failure to call in may result in a determination of the issues without your further
    participation.
    Ri ght to Appeal:
    Tennessee Law allows any party who disagrees with this Expedited Hearing Order
    to appeal the decision to the Workers' Compensation Appeals Board. To file a Notice of
    Appeal, you must:
    1. Complete the enclosed form entitled: "Expedited Hearing Notice of Appeal."
    2. File the completed form with the Court Clerk within seven business days of the
    date the Workers' Compensation Judge entered the Expedited Hearing Order.
    3. Serve a copy ofthe Expedited Hearing Notice of Appeal upon the opposing party.
    4. The appealing party is responsible for payment of a filing fee in the amount of
    $75.00. Within ten calendar days after the filing of a notice of appeal, payment
    must be received by check, money order, or credit card payment. Payments can be
    made in person at any Bureau office or by United States mail, hand-delivery, or
    other delivery service. In the alternative, the appealing party may file an Affidavit
    of Indigency, on a form prescribed by the Bureau, seeking a waiver of the filing
    fee. The Affidavit of Indigency may be filed contemporaneously with the Notice
    of Appeal or must be filed within ten calendar days thereafter. The Appeals Board
    8
    will consider the Affidavit of Indigency and issue an Order granting or denying
    the request for a waiver of the filing fee as soon thereafter as is practicable.
    Failure to timely pay the filing fee or file the Affidavit of lndigencv m
    accordance with this section shall result in dismissal of the appeal.
    5. The parties, having the responsibility of ensuring a complete record on appeal,
    may request, from the Court Clerk, the audio recording of the hearing for the
    purpose of having a transcript prepared by a licensed court reporter and filing it
    with the Court Clerk within ten calendar days of the filing of the Expedited
    Hearing Notice of Appeal. Alternatively, the parties may file a joint statement of
    the evidence within ten calendar days of the filing of the Expedited Hearing
    Notice of Appeal. The statement of the evidence must convey a complete and
    accurate account of what transpired in the Court of Workers' Compensation
    Claims and must be approved by the workers' compensation judge before the
    record is submitted to the Clerk of the Appeals Board.
    6. If the appellant elects to file a position statement in support of the interlocutory
    appeal, the appellant shall file such position statement with the Court Clerk within
    five business days of the expiration of the time to file a transcript or statement of
    the evidence, specifying the issues presented for review and including any
    argument in support thereof. A party opposing the appeal shall file a response, if
    any, with the Court Clerk within five business days of the filing ofthe appellant's
    pos1t10n statement. All position statements pertaining to an appeal of an
    interlocutory order should include: ( 1) a statement summarizing the facts of the
    case from the evidence admitted during the expedited hearing; (2) a statement
    summarizing the disposition of the case as a result of the expedited hearing; (3) a
    statement of the issue( s) presented for review; and (4) an argument, citing
    appropriate statutes, case law, or other authority.
    9
    APPENDIX
    Exhibits:
    1.     Affidavit of Stephanie Johnson (December 18, 2015 DOl)
    2.     Letter from Joe Holland to Ms. Johnson dated January 27, 2016
    3.     E-Mail from Joe Holland to Ms. Johnson dated February 5, 2016
    4.     Wage Statement (December 18, 2015 DOl)
    5.     Wage Statement (December 27,2015 DOl)
    6.     No Exhibit 12
    7.     Ms. Johnson's statement given to Integrity on December 27,2015
    8.     Medical records ofUT Erlanger Neurosurgery Group
    9.    E-Mail from Ms. Johnson to Mr. Holland dated January 30, 2016
    10.    Cervical MRI performed April10, 2015, M arked fo r 1dentifi cati n nly
    11.    Cervical MRI performed February 23, 2016, Marked for Identification Only
    12.    Cervical x-rays performed December 27, 2015
    13.   Amazon job description, M arked for Identifi cati on Onl y
    14.   Benchmark physical therapy records
    15.   Transitional Work Offer Letter dated January 26, 2016
    16A. Cover letter from Ms. Johnson to Clerk with attachments, June 13, 2016, Marked
    for Identi fi cation Onl y
    16B. Correspondence from Jay Jolley's office dated April21, 2016
    17.   Form C-23 Notice of Denial of Claim for Compensation regarding cervical/lumbar
    strain (December 18, 2015 DOl), Marked for Identification Onl y
    18.   Form C-23 Notice of Denial of Claim for Compensation regarding work
    restrictions (December 18,2015 DOl), Marked fo r Identi ficati on Only
    19.   Integrity Workforce employee profile of Ms. Johnson
    20.   No Exhibit
    21.   Integrity Staffing Medical Treatment Acknowledgment
    22.   Case Closure Request
    23.   Medical records of Workforce Corporation Health
    24.   Form C-42 Agreement Between Employer/Employee Choice of Physician
    (December 27,2015 DOl)
    25 .  Pharmacy receipts for Walmart, Marked for Identi fication Onl v
    26.   Amazon records, Marked for Identification Only
    27 .  Am Care Associate First Report of Injury (December 18, 2015 DOl)
    28 .  Am Care medical records (December 18, 2015 DOl)
    29 .  Form C-23 Notice of Denial of Claim for Compensation (December 27, 2015
    DOl)
    30 .  Form C-20 Employer's First Report of Work Injury or Illness (December 27, 2015
    DOl)
    12
    For those entries labeled as "No Exhibit" in the Appendix, the Cowi consolidated ceriain documents with other
    exhibits at the request of the parties.
    10
    31.     Prescription, Marked for ldentitication Onlv
    32.     Form C-20 Employer's First Report of Work Injury or Illness (December 18, 2015
    DOl)
    33.     Form C-42 Agreement Between Employer/Employee Choice of Physician
    (December 18, 2015 DOl)
    Technical record: 13
    1. Petitions for Benefit Determination, February 17, 20 16
    2. Dispute Certification Notices, April6, 2016
    3. Requests for Expedited Hearing, April 6, 2016
    4. Notice ofExpedited Hearing, May 25, 2016
    13
    The Comi did not consider attachments to Technical Record filings unless admitted into evidence during the
    Expedited Hearing. The Comi considered factual statements in these filings or any attachments to them as
    allegations unless established by the evidence.
    11
    CERTIFICATE OF SERVICE
    I hereby certify that a true and correct copy of the Expedited Hearing Order
    Denying Requested Benefits was sent to the following recipients by the following
    methods of service on this the 27th day of July, 2016.
    Name            Certified   First   Via   Fax    Via      Email Address
    Mail        Class   Fax   Number Email
    Mail
    Stephanie          X                                X     diversity22l@yahoo.com
    Johnson
    Charlie Poss                                        X     charlie.poss@leitnerfirm.com
    P~br n,~~
    Court of W rkers' Compensation Claims
    WC.Cour Clerk@tn.gov
    12
    

Document Info

Docket Number: 2016-01-0108 - 2016-01-0109

Citation Numbers: 2016 TN WC 172

Judges: Audrey A. Headrick

Filed Date: 7/27/2016

Precedential Status: Precedential

Modified Date: 1/10/2021