Hopson, Michael v. Driven Brands Holdings

2022 TN WC 80
CourtTennessee Court of Workers' Compensation Claims
DecidedNovember 18, 2022
Docket2022-06-0393
StatusPublished

This text of 2022 TN WC 80 (Hopson, Michael v. Driven Brands Holdings) 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
Hopson, Michael v. Driven Brands Holdings, 2022 TN WC 80 (Tenn. Super. Ct. 2022).

Opinion

FILED Nov 18, 2022 08:39 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT NASHVILLE

Michael Hopson, ) Docket No. 2022-06-0393 Employee, ) v. ) Driven Brands Holdings, ) State File No. 69720-2021 Employer, ) And ) Hartford Accident and Indemnity Co., ) Judge Kenneth M. Switzer Carrier. )

EXPEDITED HEARING ORDER

Michael Hopson injured multiple body parts in a car accident while working for Driven Brands Holdings on August 18, 2021. Driven Brands accepted the claim, authorized treatment with various physicians, and paid temporary total disability benefits during periods when authorized doctors took him off work.

The parties now disagree regarding Mr. Hopson’s request for additional medical benefits. Although Driven Brands agreed to pay for all authorized treatment, it disputes Mr. Hopson’s entitlement to additional treatment and temporary disability benefits.

After an expedited hearing on November 2, 2022, the Court holds Mr. Hopson is likely to prevail at a hearing on the merits on his entitlement to additional treatment with a dentist and neurologist, and to past temporary total disability benefits from July 1 to 19, 2022.

Claim History

Treatment

The work accident caused injuries to Mr. Hopson’s head, neck, left shoulder, teeth and eyesight. He testified that he went to the emergency room afterward but offered no

1 records from that treatment. Mr. Hopson has received treatment from many authorized physicians since then.

The authorized treatment began in September 2021, when Mr. Hopson chose Dr. Malcolm Steele from a panel of physicians. He saw Dr. Steele’s physician assistant throughout his initial treatment. At the first visit, she diagnosed a left-shoulder contusion, neck strain, headache, broken tooth and visual floaters, and she ordered physical therapy. She referred Mr. Hopson to Promise Dental for his teeth, and an ophthalmologist, Dr. Stuart Shofner, for his vision. On October 19, the physician assistant released Mr. Hopson to full- duty work.

In the meantime, Mr. Hopson saw Dr. Shofner in October. He noted , “[p]t has cataracts, non-work-related,” and returned him to full-duty work. According to Mr. Hopson, Dr. Shofner also prescribed polarized sunglasses, but he did not provide any evidence relating the need for glasses to a work-related condition.

As to his teeth, Mr. Hopson was seen at Promise Dental on November 1. The dentist recommended an extraction and bone graft. Promise Dental sent Mr. Hopson to another dental practice to begin the treatment; according to Mr. Hopson, the dentist at Promise Dental does not perform the required dentistry. An implant remains necessary. Mr. Hopson testified that the dental work is incomplete because the provider (Promise Dental or possibly the other dental practice) requested payment upfront.

Driven Brands argued that Mr. Hopson declined to sign a form agreeing to be liable if the carrier did not pay the bill, but counsel did not introduce this form. According to Driven Brands’s attorney, it asked to pre-pay, but Promise Dental did not agree. Driven Brands also looked for other dental practices to complete treatment, but they likewise require Mr. Hopson’s signature on “standard” co-liability paperwork. Counsel offered no proof on these contentions. Driven Brands additionally asserted that some of the recommended dental treatment is not work-related, but it offered no medical proof on that point, and Mr. Hopson denied that any dentist told him that.

Mr. Hopson’s shoulder, neck, and head symptoms persisted about three months after the accident, so he returned to Dr. Steele. The physician assistant referred him to a neurologist. On December 3, she referred him to an orthopedic specialist for his neck and shoulder and took him off work, noting he should not drive until seen by a specialist.

Mr. Hopson saw a panel-selected neurologist, Dr. Subir Prasad, on January 13, 2022. Dr. Prasad diagnosed a post-traumatic headache and a blind spot in his vision, and he recommended an MRI.

In February 2022, Mr. Hopson saw orthopedist Dr. Ryan Snowden for his neck and shoulder. Dr. Snowden concluded that the shoulder is “the source of his discomfort.” So,

2 he referred him to a shoulder specialist, Dr. Matthew Willis. Driven Brands honored the referral.

Mr. Hopson saw Dr. Willis once, on March 3. Dr. Willis diagnosed adhesive capsulitis, recommended additional physical therapy, and administered an injection. Dr. Willis also noted that he believed modified duty was appropriate, but he declined to see Mr. Hopson again due to their disagreement over whether he should be off work entirely. Other than more physical therapy, treatment for the shoulder did not resume for several months.

Returning to the neurological treatment, Mr. Hopson had an MRI in late March. At the next visit on June 1, Dr. Prasad prescribed headache medication, took Mr. Hopson off work, and restricted him from driving. Dr. Prasad recommended a return visit in the next month.

Mr. Hopson testified that when he tried to follow up with Dr. Prasad in late June and early July, he arrived at appointments but was turned away because he did not pass the clinic’s Covid-19 protocols. He likewise testified that he attended physical therapy, but had to stop in July due to illness.

Then in a July 19 letter, Dr. Prasad released Mr. Hopson to full-duty work. The next day, Dr. Prasad wrote another letter discharging him from his care but also wrote that Mr. Hopson should see another physician. Neither party introduced notes from any visit with Dr. Prasad in July; it is unknown whether he saw Dr. Prasad at that time. Mr. Hopson’s declaration states that he is still experiencing headaches and other symptoms.1

Returning to the shoulder, Mr. Hopson testified on cross-examination that he selected specialist Dr. Chad Price from a panel. Dr. Price saw him on September 22 and found chronic shoulder pain. He explained:

His exam is consistent with a possible cervical spine pathology or rotator cuff tear. However, his mechanism of injury is not consistent with these pathologies. He describes being hit from the side at approximately 15 mph. That is not a mechanism consistent with a rotator cuff tear or cervical pathology.

Dr. Price additionally recommended an MRI but wrote “we will decline the option to pursue his treatment at this time.”

1 Mr. Hopson went to the emergency room on July 20, complaining of side effects from medications Dr. Prasad prescribed and of Covid-19 symptoms. Records from that visit do not relate his condition to work or to medications for the work injury; rather, they focus almost entirely on Covid-19. 3 Medical Bills

Mr. Hopson introduced medical bills and explanation of benefit forms. Driven Brands’s counsel reviewed them and stated that he believed bills for treatment with authorized physicians had all been paid, or would be paid shortly. Counsel reviewed the bills and agreed that Driven Brands has paid or will pay the following:

Physician Date of Service Amount Dr. Prasad January 13, 2022 $315.00 June 1, 2022 $255.00 Promise Dental October 4, 2021 $365.00 November 1, 2021 $942.00 Periodontal and Implant November 22, 2021 $266.00 Association of Middle Tennessee

Driven Brands also agreed to pay for emergency treatment in 2021 for the work accident but needs to investigate those sums further.

Temporary Disability Benefits

Mr. Hopson started receiving temporary benefits on August 27, 2021. Around that same time, he received a separation letter, which he did not introduce. Mr. Hopson testified that he was fired for filing a workers’ compensation claim but offered no proof of that.

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Related

§ 50-6
Tennessee § 50-6
§ 50-6-102
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Tennessee § 50-6-207
§ 50-6-239
Tennessee § 50-6-239(d)(1)

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2022 TN WC 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopson-michael-v-driven-brands-holdings-tennworkcompcl-2022.