Hosford, Jane v. Red Rover Preschool

2014 TN WC 2
CourtTennessee Court of Workers' Compensation Claims
DecidedSeptember 17, 2014
Docket2014-05-0002
StatusPublished

This text of 2014 TN WC 2 (Hosford, Jane v. Red Rover Preschool) 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
Hosford, Jane v. Red Rover Preschool, 2014 TN WC 2 (Tenn. Super. Ct. 2014).

Opinion

FILED

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EMPLOYEE: Jane Hosford DOCKET#: 2014-05-002 STATE FILE#: 61799/2014 EMPLOYER: Red Rover Preschool DATE OF INJURY: July 7, 2014

INSURANCE CARRIER: N/A

EXPEDITED HEARING ORDER

THIS CAUSE came before the undersigned Workers' Compensation Judge upon the Request for Expedited Hearing filed by Jane Hosford (Employee) and Red Rover Preschool (Employer).

On August 29, 2014, a Request for Expedited Hearing was filed with the Tennessee Court of Workers' Compensation Claims, Division of Workers' Compensation, by Employee pursuant to Tennessee Code Annotated section 50-6-239 to determine if the provision of medical benefits is appropriate. Employee did not request an evidentiary hearing. On September 4, 20 14, a Request for Expedited Hearing was filed with the Tennessee Court of Workers' Compensation Claims, Division of Workers' Compensation, on behalf ofEmployer pursuant to Tennessee Code Annotated section 50-6-239 to determine if the provision of medical benefits is appropriate. The Employer requested a hearing.

The Court conducted a telephonic hearing on September 10, 2014. Considering the positions of the parties, the applicable law and all of the evidence submitted, the Court hereby finds that Employee is entitled to past medical expenses and medical benefits.

ANALYSIS

Issues

1. Whether Employer or the previous owner of the business is the proper party to this case.

2. Whether Employee gave timely notice of her injury.

3. Whether Employee sustained an injury that arose primarily out of and in the course and scope of employment with Employer. 4. Whether Employer is obligated to provide medical benefits, to include the provision ofa panel, reimbursement/or past medical expenses, and additional medical care as recommended by a physician.

Evidence Submitted

Both parties have filed affidavits and other evidence in support of their Requests for Expedited Hearing. The Court has received and considered the following evidence:

Exhibit No./Evidence 1. Medical records, Dr. Howard Rupard, M.D., July 7- August 18, 2014, and an Imaging Report from Dr. Jim Grippo, M.D., August 2, 2014 2. Affidavit of Glenda Daniel, August 28, 2014 3. Affidavit of Carla Ralston, August 21, 2014 4. Affidavit of Sandra Taylor, August 27,2014 5. Affidavit of Melinda Williams, August 20, 20 14 6. Employee's handwritten notice of injury, August 5, 2014 7. Dispute Certification Notice, August 20, 2014 8. Petition for Benefit Determination, August 13, 2014 9. Copies of text messages between the Employee and Employer, August 4, 2014 I 0. Copies of text messages between the Employee and Employer, August 5, 2014 ll. Sales Agreement, July 3, 2014 12. New Employee Orientation form, June 1 l, 2014.

History of Claim

Employee works as a lead teacher for Employer (Ex. 8). She testified that, while at work at approximately 11:30 A.M. on July 7, 2014, she slipped while removing cots from a storage area and twisted her right knee before falling to the floor.

Per Employee's medical records and her testimony, she sought treatment on July 7, 2014, from certified physician assistant Byron James Bloom, under the direction of Dr. Howard Rupard, M.D. The records indicate she complained of"right knee pain" and that "her knee is weak and that this suddenly happened two weeks ago." In his assessment, Bloom diagnosed knee pain and a strain of the hamstring tendon. Employee's final visit with Bloom occurred on August 18, 2014. He diagnosed knee pain and a tear of the meniscus of the knee. He wrote that Employee was having her case reviewed under workers' compensation, and, "Due to this, we are not able to refer her on to an ortho for arthroscopic repair." (See Ex. 1 generally) Employee testified that she would like to see a specialist, has health insurance but cannot use it due to the injury falling under workers' compensation, and, "l just really want to get my leg fixed."

With regard to Employer's notice of the claim, Employee testified that the fall occurred in the presence of a co-worker, Glenda Daniel. According to her testimony and Ms. Daniel's affidavit (Ex. 2), Ms. Daniel helped Employee get up, and afterward Ms. Daniel told Employer and another employee that Employee had fallen. Employee testified that she did not tell her doctor initially that the accident was work-related and that she "probably should have" done so. Employee further testified that she told Employer twice that she had fallen at work, sometime during the weeks of July 15 and 21, 2014. She testified that a third conversation took place at some point during the week of July 28, at which time she and Employer discussed whether Employer or the previous owner would be responsible for the claim.

Employer gave a conflicting version of the chain of events in her testimony. She testified that she did not observe Employee's alleged fall. She testified that she did not recall Ms. Daniel informing her about it, in accordance with the affidavit of Melinda Williams (Ex. 5), nor did she recall Employee mentioning the fall during the weeks of July 15 or 21, 2014. Rather, Employer testified that she first became aware of Employee's claim from a text message from Employee dated August 4, 2014 (Ex. 9). She further testified that the conversation about Employer's responsibility for the claim versus the previous owner's did take place, but not during the last week of July. Employer testified that Employee indicated her claim was work-related in a text dated August 5, 2014 (Ex. 10), and in response Employer asked her to convey the details of the accident in writing. Employee did so in a handwritten note dated August 5, 2014. (Ex. 6)

Employer additionally testified regarding the details of her taking ownership of the business. The transaction is memorialized in a Sales Agreement dated July 3, 2014 (Ex. 11), which states in paragraph 6 that the transfer took place on July 3. That same document states in paragraph 14 that the buyer would be responsible for "claims of any kind incurred after the date of transfer identified in paragraph 6 including but not limited to payroll, supplies, utilities and all taxes and claims of any kind related to operations under Buyer's ownership after that date."

Employee's Contentions

Employee contends that she sustained an injury that arose primarily out of and in the course and scope of employment with Employer when she fell at work on July 7, 2014. Employee further stated in argument that she never told her physician at the first doctor visit relative to this matter that the accident took place two weeks ago. She argued that perhaps that notation was a typographical error, and that she does not know why the record was written as it was. Employee contends that Employer should provide a panel of physicians, and should pay for all past and future care relative to the injury. Employee is not seeking temporary disability benefits at this time.

Employer's Contentions

Employer does not dispute the existence of the injury itself. Rather, Employer challenges whether Employee actually fell at work on July 7, 2014, contending that the medical records substantiate that a tal I occurred two weeks prior to that date. Employer additionally asserts that there is no indication within the medical records that Employee informed her physician that the accident took place at work. Therefore, according to Employer, the injury is not compensable as arising primarily out of and in the course and scope of employment with Employer.

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2014 TN WC 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hosford-jane-v-red-rover-preschool-tennworkcompcl-2014.