Dorsey, LaToya v. Amazon.com, Inc.

2015 TN WC 36
CourtTennessee Court of Workers' Compensation Claims
DecidedApril 17, 2015
Docket2015-01-0017
StatusPublished

This text of 2015 TN WC 36 (Dorsey, LaToya v. Amazon.com, Inc.) is published on Counsel Stack Legal Research, covering Tennessee Court of Workers' Compensation Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorsey, LaToya v. Amazon.com, Inc., 2015 TN WC 36 (Tenn. Super. Ct. 2015).

Opinion

FILED April 17,2015 T:\' COURT OF WORKERS' C0 ~1PE~ SA TIO:'I\ CLAL\1S

COURT OF WORKERS' COMPENSATION CLAIMS Time: 3:37 P~l

DIVISION OF WORKERS' COMPENSATION

EMPLOYEE: LaToya Dorsey DOCKET#: 2015-01-0017

EMPLOYER: Amazon.com, Inc. STATE FILE#: 7541-2015

CARRIER: Sedgwick CMS, Inc. DATE OF INJURY: December 21,2014

EXPEDITED HEARING ORDER FOR MEDICAL BENEFITS

THIS CAUSE came before the undersigned Workers' Compensation Judge upon the Request for Expedited Hearing filed by LaToya Dorsey, the employee. The Court conducted an in-person Expedited Hearing on April 6, 2015. Ms. Dorsey appeared without an attorney. Attorney Kristen Stevenson represented Amazon.com, Inc. (Amazon), the employer.

Considering the positions of the parties, the applicable law, and all testimony and documentary evidence admitted at the Expedited Hearing, the Court finds that Ms. Dorsey is entitled to medical benefits, but, at this time, is not entitled to temporary disability benefits.

ANALYSIS

Issues

1. Whether Ms. Dorsey established that she sustained an injury that arose primarily out of and in the course and scope of employment;

2. Whether Amazon complied with its obligation to provide medical benefits pursuant to the Tennessee Workers' Compensation Law; and

3. Whether the Tennessee Court of Workers' Compensation Claims has jurisdiction over Ms. Dorsey's claim.

Evidence Submitted

Only Ms. Dorsey testified at the Expedited Hearing. Excluding Exhibit 7, which the Court admitted for identification purposes only, the Court admitted the following exhibits into evidence at the Expedited Hearing:

1 • Exhibit 1-Records of McCallie Physician Office; • Exhibit 2-First Report of Injury; • Exhibit 3-Panel form; • Exhibit 4--Amazon's Request for Medical Information form; • Exhibit 5-Wage Statement; • Exhibit 6-Notice ofDenial of Claim; • Exhibit 7-Records of Center for Sports Medicine and Orthopaedics (for identification only-the Court sustained Amazon's hearsay objection because the records were neither signed by the provider nor certified by the provider or the custodian of the records); • Exhibit 8-Records of Workforce Corporate Health.

The Court did not consider Exhibit 7 in making its decision in this claim.

The Court designated the following as the technical record in this claim:

• Petition for Benefit Determination filed February 2, 2015; • Dispute Certification Notice filed March 9, 2015; • Request for Expedited Hearing filed March 9, 2015; • Response to Motion for Expedited Hearing filed March 12, 2015; • Notice of Filing filed March 20, 2015; • Pre-Compensation Hearing Statement filed March 20, 2015; and • Pre-Hearing Brief filed March 20,2015.

The Court did not consider attachments to the above filings unless admitted into evidence at the Expedited Hearing.

History of Claim

The First Report of Injury prepared by Amazon documents that, on February 5, 2015, Ms. Dorsey reported bilateral hand and wrist pain due to "strain or injury by repetitive motion" (Ex. 2). The First Report of Injury lists the date of injury as December 21, 2014 (Ex. 2). Upon receiving her report of injury, Amazon offered Ms. Dorsey a treatment panel from which she selected Workforce Corporate Health (Workforce) (Ex. 3).

Ms. Dorsey's only visit to Workforce occurred on February 11, 2015. Although the Workforce records indicate that a physician "also examined" Ms. Dorsey at this visit, Nurse Practitioner Stacye Watson hand-wrote and signed the records in question (Ex. 8, p. 2). Ms. Watson also completed and signed Amazon forms by which she returned Ms. Dorsey to work with restrictions (Ex. 8, pp. 5, 6) and stated her opinion that Ms. Dorsey's injury is not work- related (Ex. 2).

Amazon denied Ms. Dorsey's claim five (5) days after the Workforce visit (Ex. 6). On the Notice of Denial form it prepared and filed with the Tennessee Division of Workers' Compensation (the Division), Amazon made the following notation in explanation of its denial 2 decision: "No medical evidence of work-related inj~ per panel physician" (Ex. 6). Nurse Practitioner Watson's causation opinion is the only such opinion documented in the Workforce records (Ex~ 4; Ex. 8).

On February 2, 2015, Ms. Dorsey filed a Petition for Benefit Determination seeking medical and temporary disability benefits. A Dispute Certification Notice, filed March 9, 2015, transmitted the claim to the Court. Ms. Dorsey's Request for Expedited Hearing accompanied the filing of the Dispute Certification Notice.

Ms. Dorsey's Contentions

Ms. Dorsey made neither an opening statement nor a closing argument. She testified at the hearing that she injured her right hand and wrist while performing repetitive work at Amazon. In her Petition for Benefit Determination, Ms. Dorsey claimed entitlement to medical and temporary disability benefits.

Amazon's Contentions

Amazon argues that, because Ms. Dorsey did not introduce an expert medical opinion that her alleged injury is work-related, she did not establish the compensability of her claim. It also asserts that Ms. Dorsey's alleged injury occurred in 2013, thus the Court of Workers' Compensation Claims does not have jurisdiction.

Findings of Fact and Conclusions of Law

Standards Applied

"The Workers' Compensation Law shall not be remedially or liberally construed in favor of either party but shall be construed fairly, impartially, and in accordance with basic principles of statutory construction ... favoring neither the employee nor employer." Tenn. Code Ann. § 50- 6-116 (2014). Tennessee Code Annotated section 50-6-239(c)(6) provides that "[u]nless the statute provides for a different standard of proof, at a hearing, the employee shall bear the burden of proving each and every element of the claim by a preponderance of the evidence." A different standard of proof governs the issuance of interlocutory orders at expedited hearings. McCord v. Advantage Human Resourcing, No. 2014-06-0063 (Tenn. Work. Comp. App. Bd., March 27, 2015). A workers' compensation judge may enter an interlocutory order for medical or temporary benefits upon a determination that the injured employee would likely prevail at a hearing on the merits. Tenn. Code Ann. 50-6-239(d)(1) (2014); McCall v. Nat '! Health Care Corp., 100 S.W.3d 209, 214 (Tenn. 2003).

Factual Findings

Upon consideration of the testimony of Ms. Dorsey in open court, the exhibits introduced by the parties, the argument of counsel for Amazon, and the record in this claim, the Court makes the following factual fmdings in the Expedited Hearing conducted April6, 2015:

3 • On February 5, 2015, Ms. Dorsey reported to Amazon's management personnel that the repetitive work she performed at Amazon caused pain in her right hand and wrist; • The medical records admitted into evidence at the Expedited Hearing do not establish that Ms. Dorsey's right hand and wrist pain arose primarily out of and in the course and scope of her employment; • The medical benefits that Amazon provided Ms. Dorsey did not comply with the requirements of Tennessee Code Annotated section 50-6-204 in that the facility that Ms. Dorsey selected from Amazon's treatment panel provided treatment primarily through a nurse practitioner; and • Ms. Dorsey's injury occurred after July 1, 2014.

Application of Law to Facts

Ms.

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Related

McCall v. National Health Corp.
100 S.W.3d 209 (Tennessee Supreme Court, 2003)
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328 S.W.3d 497 (Tennessee Supreme Court, 2010)
Tindall v. Waring Park Ass'n
725 S.W.2d 935 (Tennessee Supreme Court, 1987)
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2015 TN WC 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-latoya-v-amazoncom-inc-tennworkcompcl-2015.