Haley, Lawanda v. FedEx Express

2018 TN WC 41
CourtTennessee Court of Workers' Compensation Claims
DecidedApril 2, 2018
Docket2017-08-0676
StatusPublished

This text of 2018 TN WC 41 (Haley, Lawanda v. FedEx Express) 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
Haley, Lawanda v. FedEx Express, 2018 TN WC 41 (Tenn. Super. Ct. 2018).

Opinion

FILED

April 2, 7018

TENNESSEE BUREAU OF WORKERS’ COMPENSATION a oecene. IN THE COURT OF WORKERS’ COMPENSATION CLAIMS = coypensation

AT MEMPHIS CLAIMS LAWANDA HALEY, ) Docket No. 2017-08-0676 eee AME Employee, ) v. ) FEDEX EXPRESS, ) State File No. 98075-2016 Employer, ) And ) SEDGWICK CMS, ) Judge Amber E. Luttrell Carrier. )

EXPEDITED HEARING ORDER FOR MEDICAL AND TEMPORARY DISABILITY BENEFITS

This matter came before the Court on March 8, 2018, on Ms. Haley’s request for medical and temporary disability benefits. The legal issue is whether Ms. Haley is likely to prevail at a hearing on the merits in establishing entitlement to these benefits. For the reasons set forth below, the Court holds she is entitled to some, but not all, of the requested benefits.

History of Claim

Ms. Haley worked for FedEx Express as a handler in Memphis.' On November 10, 2016, she injured her left eye when boxes fell, hitting her face. Ms. Haley experienced immediate pain and irritation in her left eye but finished her shift. She returned home and went to bed. When she awoke, she could not see out of her left eye, and her face was red and swollen. She called her team leader, reported the injury, and advised her that she was seeking medical treatment.

FedEx did not initially provide a panel or authorize medical care. Thus, Ms. Haley sought initial treatment from Dr. John Sharpe at the Eye Center at Southern College of Optometry and Dr. Andrew Crothers, an ophthalmologist at VRF Eye Specialty Group. When FedEx eventually accepted her claim in 2017, it authorized treatment with Dr.

' Ms. Haley testified she currently works for FedEx in Oklahoma City as a customer service agent.

1 Crothers.’ It also authorized visits for Ms. Haley with Dr. Kenneth Weinberg, whom she selected from a panel, and Dr. James Freeman. The parties took the deposition of Dr. Crothers and introduced it and the following medical proof.

Medical Treatment

Ms. Haley saw Dr. Sharpe on two occasions. He diagnosed “traumatic uveitis with apparent hyper-acute conjunctivitis” and possible corneal graft ulceration. He referred her to Eye Specialty Group for immediate evaluation.

Ms. Haley next saw Dr. Crothers. She gave a consistent history of her work injury and her pre-existing corneal transplants in 2013 and 2014. Dr. Crothers diagnosed a central corneal ulcer in the left eye and prescribed various eye drops. At follow-up visits, he diagnosed an epithelial defect and prescribed antibiotic eye drops.’ * Ms. Haley testified she personally paid $442.30 for the eye drops between November 14 and December 27. As of December 28, 2016, Dr. Crothers believed Ms. Haley’s epithelial defect was healed, and he advised her that she would eventually require a new corneal transplant in her left eye.

Dr. Crothers treated Ms. Haley through March 15, 2017, when he declined to continue seeing her due a dispute regarding a work-status letter discussed below.

Shortly before Dr. Crothers’ final visit with Ms. Haley, FedEx provided her a panel of physicians.” It said it offered the panel because Dr. Crothers declined to provide a causation opinion. Ms. Haley selected Dr. Weinberg from the panel and saw him on February 27, 2017. Dr. Weinberg concluded Ms. Haley required a corneal transplant and referred her back to Dr. Crothers. Ms. Haley introduced an email from Sedgwick mentioning Dr. Weinberg released her to light-duty status; however, Dr. Weinberg’s record did not mention work status, and the parties did not introduce a work-status note from Dr. Weinberg.°

* The record is unclear as to the date that FedEx accepted Ms. Haley’s claim; however, the parties agreed that FedEx has now paid Ms. Haley’s medical bills.

* During his treatment from November through December 28, 2016, Dr. Crothers either took Ms. Haley off work or provided light-duty restrictions. The parties agreed that eventually, upon accepting compensability of the claim in spring 2017, FedEx paid Ms. Haley temporary disability benefits through December 29, 2016.

* Dr. Crothers testified an epithelial defect is a type of infection in the eye.

> Ms. Haley testified Sedgwick first provided her a panel over the telephone in late November 2016, and she selected OccuMed. However, she stated the OccuMed physician “could not handle” her condition and referred her back to Dr. Crothers. The parties did not introduce any records into evidence concerning this initial panel or the OccuMed visit.

° Sedgwick also sought a medical opinion regarding causation from Dr. Daniel Fuller, Ms. Haley’s optometrist. Dr. Fuller unequivocally gave causation. He saw her three days before her injury and stated her corneal grafts were “healthy.” He noted, “The grafts were healthy until the work-related injury to the

2 Because Dr. Crothers declined to continue treating Ms. Haley after March 15, FedEx authorized treatment with Dr. James Freeman, with whom it scheduled an appointment for June 2, 2017. When Ms. Haley asked by email on May 22, 2017, about returning to work, Sedgwick responded that FedEx requested she wait until they learned of her work status from her June 2 visit.

On June 2, Dr. Freeman scheduled a left corneal transplant surgery for June 19. In a work-status letter dated June 12, Dr. Freeman stated,

Until [her surgery], her vision in the left eye is limited which will affect her depth perception, but she has no physical restrictions. She is not restricted from lifting, bending, or otherwise exerting herself . . . She has no restrictions with respect to lifting boxes, operating a computer, or other clerical activities.

Ms. Haley emailed a manager, John Trouy, on June 12 requesting FedEx return her to work until her surgery date. On June 15, Mr. Trouy instructed Ms. Haley via email to stay off work until after her surgery.

Ms. Haley underwent surgery on June 19. The parties agreed FedEx paid her temporary total disability benefits from June 19 to August 15, 2017. Ms. Haley testified Dr. Freeman released her with restrictions on August 15; however, the parties did not introduce Dr. Freeman’s office notes into evidence. She returned to work on August 25.

Ms. Haley testified Dr. Freeman recommended another surgery for her left eye, but she requires a new treating physician in Oklahoma City. FedEx asserted it is working on her request.

Work status dispute between December 30, 2016, and June 18, 2017

The contested issue is whether Ms. Haley is entitled to temporary disability benefits from December 30, 2016, to June 18, 2017.

Dr. Crothers’ records contained two conflicting documents regarding his work- status instructions on December 28. His office note stated, “Patient has permission to go back to work.” (Ex. 2 at 110.) An undated work-status note was consistent with his note and indicated, “Per Dr. Crothers, Lawanda Haley was taken off all work restrictions as of 12/28/16 and was able to return to work.” (Ex. 5.)

However, a work-status letter electronically signed by Dr. Crothers and dated December 28 indicated Dr. Crothers would return Ms. Haley to work on December 30

left eye.” (Ex. 2 at 33.) with the following restrictions:

No driving, depth perception is limited, does not need to be around areas where there is a lot of floating debris, no vision out of the left eye, and trouble reading fine print. Ms. Haley must use 4 different eye drops 4 times a day, one of which is just as needed throughout the day. Please allow her to store 2 of the 4 drops in the refrigerator due to the drops requiring a cool place for storage when not being used.

(Ex.4.) a. Ms. Haley’s position

Ms. Haley testified that, after each visit with Dr. Crothers, she returned to the receptionist’s desk to obtain a work-status note. On cross-examination, Ms.

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Related

§ 50-6-239
Tennessee § 50-6-239(d)(1)

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2018 TN WC 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haley-lawanda-v-fedex-express-tennworkcompcl-2018.