McMillan, Kathrine v. Kentucky Electronics, Inc. dba Precision Industries, Inc.

2015 TN WC 184
CourtTennessee Court of Workers' Compensation Claims
DecidedDecember 14, 2015
Docket2015-06-0523
StatusPublished

This text of 2015 TN WC 184 (McMillan, Kathrine v. Kentucky Electronics, Inc. dba Precision Industries, 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
McMillan, Kathrine v. Kentucky Electronics, Inc. dba Precision Industries, Inc., 2015 TN WC 184 (Tenn. Super. Ct. 2015).

Opinion

FILED December 14, 2015 TICOURTOF WORKERS' CO:\IPE~SATIO~ CLAD1S

Time: 11:02 At"\1

IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT COOKEVILLE BY INTERCHANGE

Katherine McMillan, ) Docket No.: 2015-06-0523 Employee, ) v. ) State File No.: 50101-2015 ) Kentucky Electronics, Inc., d/b/a ) Precision Industries, Inc. ) Employer, ) And ) Judge Robert Durham ) The Hartford, ) Insurance Carrier/TPA. )

EXPEDITED HEARING ORDER FOR MEDICAL BENEFITS

THIS CAUSE came before the undersigned Workers' Compensation Judge upon the Request for Expedited Hearing (REH) filed by Katherine McMillan, the employee, on October 26, 2015, pursuant to Tennessee Code Annotated section 50-6-239 (2014) to determine if the employer, Kentucky Electronics, Inc. (KEI), is obligated to provide additional medical benefits.

The dispositive issue is whether Ms. McMillan sustained an injury that primarily arose out of and in the course and scope of her work-related accident on June 19, 2015. 1 The Court finds the evidence submitted by Ms. McMillan is sufficient to establish she is likely to prevail at a hearing on the merits with regard to her entitlement to additional medical benefits. 2

History of Claim

Ms. McMillan is a fifty-five-year-old resident of Sumner County, Tennessee, who . worked as a sorter for KEI. (T.R. 1 at 1.) She testified that on Friday, June 19, 2015, she attempted to scoot a pallet with a large, empty box on it by pushing the box. As she 1 The parties stipulated temporary disability benefits were not an issue at this time. 2 Additional information regarding the technical record and exhibits is attached to this Order as an Appendix.

1 pushed the box, it slid across the pallet. She tripped over the pallet and fell to her knees, while her momentum continued to push the box forward with her hands still on top of the box, causing her to arch her back. Ms. McMillan then released the box and fell all the way to her stomach with her arms outstretched. She testified she immediately felt pain in her knees and her right side, but the pain went away after a few seconds.

Pam High, Ms. McMillan's co-worker, testified she witnessed the fall and helped Ms. McMillan to her feet. She asked Ms. McMillan if she were hurt, and she replied she was not. Ms. High testified Ms. McMillan raised her shirt to look at her stomach, and she observed that it did not appear bruised or scratched. Despite Ms. McMillan's assertion that she was uninjured, Ms. High urged her to file an accident report as required by company policy.

Ms. McMillan testified she then went to her supervisor and completed an accident report. In the description of her injury, she noted, "My knees went to the floor. It was red and my stomach hurt a little. I was still holding the box when I fell and also hurt my lower back." (Ex. 7 at 2.) However, she did not seek medical attention and finished out her shift.

Ms. McMillan did not work over the weekend. When she returned the following week, Ms. High asked her how she was feeling. According to Ms. High's testimony, Ms. McMillan told her she was feeling well except that she had tripped over a mop bucket her friend had left on the floor at home. Brenda Kepley, a supervisor for KEI, testified Ms. McMillan also told her on June 22 or June 23 that she tripped over a mop bucket at home, resulting in pain.

Ms. McMillan testified she did not trip over a mop bucket over the weekend in question; however, she did bump into a kitty litter box, causing her to bruise her ankle. Her friend, Fred Hamilton, testified no one mopped the floor that weekend and he did not see or hear Ms. McMillan fall; however, she did show him her bruised ankle from tripping over the kitty litter box.

Ms. McMillan testified she worked the entire week of June 22 through June 26, but began experiencing pain in her right abdomen that continued to worsen. While shopping on Saturday, June 27, the pain became so intense Ms. McMillan decided to seek treatment at Sumner Regional Medical Center to determine if her pain related to her appendix.

According to the ED Physician Documentation form, Ms. McMillan presented with right-sided abdominal pain that "began/occurred gradually three days ago, and became worse this morning." (Ex. 1 at 1.) The record initially reported Ms. McMillan stated she "had a dull ache that she attributed to having a cold and coughing," but which had worsened. !d. However, the next sentence states, "[p]atient states that the pain

2 started after a fall at work. She denies any injury to her abdomen." !d. Furthermore, the Physician Documentation form concludes with a "correction" indicating the sentence, "[p]atient states that she has a dull ache that she attributed to having a cold and coughing, but then it became worse today," was deleted from the chart. (Ex. 1 at 3.)

While at the emergency room, Ms. McMillan underwent a CT scan of her abdomen, which revealed an "approximately 4 x10 em lower RlGHT rectus sheath hematoma." As a result, the hospital admitted her overnight for observation. According to the admission report, Ms. McMillan "was at work on Monday and twisted her body. She was fine after that, but as the week progressed, she noted RLQ pain that was getting progressively worse." (Ex. 1 at 6.) The file also contains a "Report of Consultation" that states Ms. McMillan had an "awkward twisting fall yesterday and began having lower abdominal pain." (Ex. 1 at 11.)

Ms. Kepley testified Ms. McMillan called her while she was at the hospital and told her she had fallen at work the week before. (Ex. 1 at 6.) Ms. Kepley told her this was the first she heard of her falling at work, but she would report it to KEI' s insurance carrier. ld. The hospital discharged Ms. McMillan the following day, stating she suffered from a rectus sheathe hematoma that "should spontaneously resolve in 1-2 weeks." (Ex. 1 at 15. i Following her hospital stay, KEI provided a panel of physicians to Ms. McMillan, and she chose Gallatin Urgent Care (GUC). (Ex. 4.) On July 2, Ms. McMillan saw Andrea Reed, N.P., with GUC. (Ex. 2 at 1.) The record noted Ms. McMillan complained of pain following a fall at work on June 19. (Ex. 2 at 1.) Her abdominal pain had improved. ld. N.P. Reed marked the box indicating her condition was work-related. (Ex. 2 at 2.) She placed Ms. McMillan on light duty, stating she could return to work on July 2. ld.

On July 7, KEI denied Ms. McMillan's claim on the basis that she fell at home subsequent to her work accident, and she failed to establish her injury arose out of and in the course of her employment with KEI. (Ex. 5.) Despite the denial, Ms. McMillan returned to GUC on July 8. (Ex. 2 at 3.) She complained of worsening pain in her right abdomen. ld. N.P. Reed again diagnosed her with a hematoma, but recommended she see a surgeon since her pain should have been improving. ld. She restricted her from any lifting, pushing or pulling. (Ex. 2 at 4.) Finally, she again noted Ms. McMillan's condition was work-related. (Ex. 2 at 4.)

Ms. McMillan testified she returned to work for KEI until she quit in October 2015, to obtain another job. She further testified her abdominal pain has resolved.

3 The parties did not provide a bill for the hospital visit.

3 Ms. McMillan filed a Petition for Benefit Determination seeking medical benefits. The parties did not resolve the disputed issues through mediation, and the Mediating Specialist filed a Dispute Certification Notice. Ms. McMillan filed a Request for Expedited Hearing, and the Court heard the matter on December 4, 2015. At the Expedited Hearing, Ms. McMillan asserted she sustained a job-related injury, and the Court should deem her claim compensable. KEI countered that Ms.

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Bluebook (online)
2015 TN WC 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-kathrine-v-kentucky-electronics-inc-dba-precision-industries-tennworkcompcl-2015.