Farmer, v. Vernetta v. ARLINGTON COMM. SCHOOLS

2020 TN WC 107
CourtTennessee Court of Workers' Compensation Claims
DecidedOctober 8, 2020
Docket2019-08-0798
StatusPublished

This text of 2020 TN WC 107 (Farmer, v. Vernetta v. ARLINGTON COMM. SCHOOLS) 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
Farmer, v. Vernetta v. ARLINGTON COMM. SCHOOLS, 2020 TN WC 107 (Tenn. Super. Ct. 2020).

Opinion

FILED Oct 08, 2020 03:02 PM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT MEMPHIS

VERNETTA FARMER, ) Docket No.: 2019-08-0798 Employee, ) v. ) ARLINGTON COMM. SCHOOLS, ) State File No.: 16979-2017 Employer, ) And ) KEY RISK INS. CO., ) Judge Deana Seymour Carrier. )

COMPENSATION ORDER

This case came before the Court for a Compensation Hearing on September 9, 2020. Vernetta Farmer sustained compensable injuries on March 8, 2017, while working for Arlington Community Schools. At issue is Ms. Farmer's entitlement to additional temporary and permanent disability benefits. 1 For the following reasons, the Court holds she is entitled to additional temporary benefits but not permanent disability benefits.

History of Claim

On March 8, 2017, Ms. Farmer hit her head on the floor when a child pulled a chair out from under her. She went to the emergency room with head, face, neck, and back pain with dizziness. After receiving a diagnosis of acute head injury and neck pain, she was discharged but continued to have symptoms. The next week, Ms. Farmer saw her primary care physician, who referred her to a neurologist.

ACS authorized treatment with neurosurgeon Dr. Fereidoon Parsioon. Ms. Farmer presented with bitemporal headaches, postural cervical and interscapular pain, occasional

1 The parties agreed that ACS paid all medical and temporary disability benefits except for the disputed temporary disability benefits from October 31, 2017, to May 23, 2018, and from August 9, to September 17, 2018. See Appendix for all stipulations.

1 forgetfulness, pressure in her ears, dizziness, and blurred vision. She had not worked since the accident. Dr. Parsioon reviewed Ms. Farmer's medical records and scans. Concerned by her ongoing visual and dizziness complaints, Dr. Parsioon referred her to an ophthalmologist and an otolaryngologist. He completed work status forms on March 27 and April 6 restricting Ms. Farmer from working.

Ophthalmologist Dr. Philip Furr examined and tested Ms. Farmer's eyes. He found "no evidence of eye injury or sequelae from her closed head injury[. ]" 2

A month later, Ms. Farmer underwent VNG testing with an audiologist that showed ''unilateral weakness in the right ear suggestive of a right peripheral vestibular deficit. Cannot rule out insult to the right labyrinth as a result of head injury with concentrated force on the right side of the head." 3

After receiving abnormal VNG results, Ms. Farmer began treating with otolaryngologist Dr. Mark Milburn. He referred her to vestibular rehab. Two months later, she returned to Dr. Milburn, who assessed "right sided vestibular loss - functional improvement with rehabilitation." He ordered repeat testing that showed worsened caloric results, so she returned to Dr. Milburn.

Ms. Farmer told Dr. Milburn that she frequently felt dizzy and was unable to work. He recorded a normal objective physical examination and that she had "minimal risk of fall." Dr Milburn told Ms. Farmer to continue home exercises and "sedimentary activities." He recommended repeat caloric testing in ninety days and follow-up afterward.

When Ms. Farmer returned to Dr. Milburn, he concluded "resolving vestibular concussion. Repeat caloric testing reveals normal limits. Will release patient to regular activity." Based on Dr. Milburn's note, ACS terminated temporary disability benefits.

Ms. Farmer ultimately came under the care of neuropsychologist Dr. Brandon Baughman "to determine safety to return to work and current cognitive functioning." Dr. Baughman noted Ms. Farmer's symptoms had improved, but she was not sure if she was prepared to return to work. Ms. Farmer reported dizziness, physical and mental fatigue, as well as poor short-term memory and peripheral vision. After evaluation and testing, Dr Baughman determined "there were no neuropsychological contraindications to return to work. As such, Ms. Farmer may benefit from a graduated return to the workplace" through a "transition period." He further stated, "Collaboration between Ms. Farmer and supervisors in reintroduction of job responsibilities may prove mutually beneficial during 2 Dr. Furr diagnosed uveitis in her right eye unrelated to her work injury.

3The May 11, 2017 test results were not provided by the parties, but the audiologist referred to the outcome of the test in her August 4, 2017 office note.

2 transition period." He also recommended a neurology assessment.

Ms. Farmer returned to Dr. Parsioon on May 24 with continuing symptoms. He completed another work status form noting Ms. Farmer "stays off work" and referred her to neurologist Dr. Subir Prasad for a second opinion. Dr. Prasad diagnosed post-traumatic chronic headaches and prescribed medication.

Ms. Farmer's headaches improved with medication, but Dr. Prasad suspected she had developed rebound headaches. He told her to increase her medication as tolerated and taper off if the headaches resolved. Dr. Prasad released Ms. Farmer from his care with no impairment or restrictions.

Ms. Farmer returned to Dr Parsioon, who placed her at maximum medical improvement with no permanent impairment. He completed a work status form that Ms. Farmer "has now recovered sufficiently to return to work as of 9-17-18 with regular duties with no restrictions."

The parties agreed to a weekly compensation rate of $306.98. However, they disagreed on the amount of temporary disability benefits and the extent of her permanent disability.

At the hearing, Ms. Farmer testified Dr. Parsioon was her authorized treating physician and coordinated care and referrals to other specialists. She pointed to Dr. Parsioon's work status notes that consistently kept her off work from March 27, 2017, until maximum medical improvement on September 17, 2018. She asked for unpaid temporary disability benefits from October 31, 2017, to May 23, 2018, and from August 9, to September 17, 2018.

Ms. Farmer did not present any medical proof of a permanent medical impairment rating. Instead, she testified that she had continued headaches, dizziness, and instability, which prevented her from working.

ACS contended that it paid all benefits to which Ms. Farmer was entitled. It argued that it stopped temporary disability benefits on October 30, 2017, after Dr. Milburn released her to regular activity. ACS also relied on Dr. Parsioon's response to a letter from its counsel asking: "Based upon your medical records and the notes provided to you, would you agree to a reasonable degree of medical certainly (sic) and considering all causes that, Ms. Farmer had no permanent work restrictions in place as of October 30, 2017?" Dr. Parsioon answered, "Yes - None from my standpoint. Parsioon, MD 6-20- 20." ACS further denied Ms. Farmer's entitlement to temporary disability benefits from August 9, 2018, to September 17, because Ms. Farmer was not restricted from work during that time.

3 ACS also disagreed that Ms. Farmer was entitled to permanent disability benefits because no treating physician found that she retained a permanent disability.

Findings of Fact and Conclusions of Law

Ms. Farmer must prove all elements of her claim by a preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2019).

The Court initially considers Ms. Farmer's entitlement to temporary disability benefits for two periods: first, from October 31, 2017, through May 23, 2018, the period between Dr. Milburn's release to regular activity until Dr.

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2020 TN WC 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-vernetta-v-arlington-comm-schools-tennworkcompcl-2020.