TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY JERRY MORRIS, ) Docket Number: 2019-02-0530 Employee, ) V. ) MIDWEST LP and INNOVATIVE ) State File Number: 109051-2019 PANE, ) Employer, ) and ) TRANSPORTATION INS. ) Judge Brian K. Addington COMPANY, ) Carrier. )
EXPEDITED HEARING ORDER
The Court convened an Expedited Hearing on June 16 and August 5, 2020, on the issue of whether Jerry Morris is entitled to medical and temporary disability benefits. The Court holds he is not entitled to the requested benefits because no physician has linked his injuries to his work.
History of Claim
Mr. Morris worked for Midwest building walls. It was heavy, hard work, and he often complained to his line leader that his back hurt. The line leader never completed a First Report of Work Injury (FROI). As time progressed, Mr. Morris thought he had a better way of lifting the walls, which would make it easier for his back, but Midwest did not adopt his suggestion. Mr. Morris continued to suffer back pain.
On August 29, 2019, as Mr. Morris left his home, he opened the door and immediately heard and felt a pop in his back, forcing him to his knees. He went to the emergency room and told the providers that he missed a step at home, fell and hurt his back, and he notified Midwest about his absence. Following diagnostic testing, providers told Mr. Morris that he had bulging discs and recommended he follow-up with a primary care provider or orthopedist. Mr. Morris returned to work, but Midwest thought he was unfit to perform his job. He missed three days of work while the parties determined his work status. Midwest did not file a First Report of Injury or provide a panel of physicians because Mr. Morris reported an injury at home.
Mr. Morris continued conservative treatment on his own with various providers. However, no physician has concluded that he suffered a work injury.
Mr. Morris requested payment of his medical bills and ongoing treatment for his injury. He acknowledged he only missed three days of work. Midwest asked that the Court deny his claim because the injury happened at home, and no physician has primarily related it to his employment.
Findings of Fact and Conclusions of Law
Mr. Morris must show he would likely prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1) (2019); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). This includes proof that he suffered an injury that arose primarily out of and in the course and scope of his employment. Tenn. Code Ann. § 50-6-102(14)(a).
Mr. Morris must establish his injury arose primarily out of his employment by expert medical proof. See Albright v. Hercules HVAC Pads, Inc., 2018 TN Wrk. Comp. App. Bd. LEXIS 66, at *13-14 (Dec. 20, 2018). He did not provide that proof. To the contrary, the only evidence is that he suffered an injury at home when he fell or twisted on the stairs. Therefore, the Court cannot hold that he is likely to prevail at a hearing on the merits on his request for medical or temporary disability benefits.
IT IS, THEREFORE, ORDERED as follows: 1. Mr. Morris’s request for benefits is denied at this time.
2. This case is set for a Status Hearing on October 6, 2020, at 10:00 a.m. Eastern Time. You must call toll-free 855-543-5044 to participate. Failure to call might result in a determination of the issues without your participation.
ENTERED August 6, 2020.
PB vie. 7 Mebaft BRIAN K. ADDINGTON, JUDGE Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1.
SANNAMAEYWN
9.
Mr. Morris’s Affidavit
Wage Statement
Ballad Health Medical Bills and Medical Records
Medical record of Dr. John McElligott
Medical record of Dr. Benjamin Knox
Medical records of Promise Medical
Medical records of East Tennessee Spine and Orthopaedics Medical records of Jefferson Memorial Hospital
Request for Transportation Expenses
10. Mobile phone text messages
11. Email (Identification Only)
12. Job Description
13. Letter from Midwest (Identification Only)
14. Letter from Tennessee Occupational Safety and Health Administration
(Identification Only)
Technical Record:
SNAYNE WN ES
Petition for Benefit Determination Dispute Certification Notice Notice of Appearance
Show Cause Notice
Request for Expedited Hearing Order Setting Expedited Hearing Motion to Strike
Objection to Motion to Strike Order Denying Motion to Strike
10. Motion to Continue
11. Notice of Filing of Affidavit-Russell Bearden
12. Employee’s Expedited Hearing Brief
13. Notice of Filing medical records of Ballad Health 14. Employer’s Expedited Hearing Brief CERTIFICATE OF SERVICE
I certify a copy of this Order was sent on August 6, 2020.
Name Certified | Fax | Email | Service sent to: Mail Jerry Morris, x X = | 271 Clinch Valley Road Employee Eidson, TN 37731 johnqwang2@gmail.com Brent Moore and X | bmoore@ortalekelley.com Hayley Vos, hvos@ortalekelley.com
Employer’s Attorneys
>. # if ” AM ALA
ye MA
PENNY SHRUM, COURT CLERK Wce.CourtClerk@tn.gov
Expedited Hearing Order Right to Appeal:
If you disagree with this Expedited Hearing Order, you may appeal to the Workers’ Compensation Appeals Board. To appeal an expedited hearing order, you must:
1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the Clerk of the Court of Workers’ Compensation Claims within seven business days of the date the expedited hearing order was filed. When filing the Notice of Appeal, you must serve a copy upon all parties.
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar days after filing of the Notice of Appeal. Payments can be made in-person at any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an Affidavit of Indigency (form available on the Bureau’s website or any Bureau office) seeking a waiver of the fee. You must file the fully- completed Affidavit of Indigency within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will result in dismissal of the appeal.
3. You bear the responsibility of ensuring a complete record on appeal. You may request from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of the proceedings is to be filed, a licensed court reporter must prepare the transcript and file it with the court clerk within ten business days of the filing the Notice of Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both parties within ten business days of the filing of the Notice of Appeal. The statement of the evidence must convey a complete and accurate account of the hearing. The Workers’ Compensation Judge must approve the statement before the record is submitted to the Appeals Board. If the Appeals Board is called upon to review testimony or other proof conceming factual matters, the absence of a transcript or statement of the evidence can be a significant obstacle to meaningful appellate review.
4.
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TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY JERRY MORRIS, ) Docket Number: 2019-02-0530 Employee, ) V. ) MIDWEST LP and INNOVATIVE ) State File Number: 109051-2019 PANE, ) Employer, ) and ) TRANSPORTATION INS. ) Judge Brian K. Addington COMPANY, ) Carrier. )
EXPEDITED HEARING ORDER
The Court convened an Expedited Hearing on June 16 and August 5, 2020, on the issue of whether Jerry Morris is entitled to medical and temporary disability benefits. The Court holds he is not entitled to the requested benefits because no physician has linked his injuries to his work.
History of Claim
Mr. Morris worked for Midwest building walls. It was heavy, hard work, and he often complained to his line leader that his back hurt. The line leader never completed a First Report of Work Injury (FROI). As time progressed, Mr. Morris thought he had a better way of lifting the walls, which would make it easier for his back, but Midwest did not adopt his suggestion. Mr. Morris continued to suffer back pain.
On August 29, 2019, as Mr. Morris left his home, he opened the door and immediately heard and felt a pop in his back, forcing him to his knees. He went to the emergency room and told the providers that he missed a step at home, fell and hurt his back, and he notified Midwest about his absence. Following diagnostic testing, providers told Mr. Morris that he had bulging discs and recommended he follow-up with a primary care provider or orthopedist. Mr. Morris returned to work, but Midwest thought he was unfit to perform his job. He missed three days of work while the parties determined his work status. Midwest did not file a First Report of Injury or provide a panel of physicians because Mr. Morris reported an injury at home.
Mr. Morris continued conservative treatment on his own with various providers. However, no physician has concluded that he suffered a work injury.
Mr. Morris requested payment of his medical bills and ongoing treatment for his injury. He acknowledged he only missed three days of work. Midwest asked that the Court deny his claim because the injury happened at home, and no physician has primarily related it to his employment.
Findings of Fact and Conclusions of Law
Mr. Morris must show he would likely prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1) (2019); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). This includes proof that he suffered an injury that arose primarily out of and in the course and scope of his employment. Tenn. Code Ann. § 50-6-102(14)(a).
Mr. Morris must establish his injury arose primarily out of his employment by expert medical proof. See Albright v. Hercules HVAC Pads, Inc., 2018 TN Wrk. Comp. App. Bd. LEXIS 66, at *13-14 (Dec. 20, 2018). He did not provide that proof. To the contrary, the only evidence is that he suffered an injury at home when he fell or twisted on the stairs. Therefore, the Court cannot hold that he is likely to prevail at a hearing on the merits on his request for medical or temporary disability benefits.
IT IS, THEREFORE, ORDERED as follows: 1. Mr. Morris’s request for benefits is denied at this time.
2. This case is set for a Status Hearing on October 6, 2020, at 10:00 a.m. Eastern Time. You must call toll-free 855-543-5044 to participate. Failure to call might result in a determination of the issues without your participation.
ENTERED August 6, 2020.
PB vie. 7 Mebaft BRIAN K. ADDINGTON, JUDGE Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1.
SANNAMAEYWN
9.
Mr. Morris’s Affidavit
Wage Statement
Ballad Health Medical Bills and Medical Records
Medical record of Dr. John McElligott
Medical record of Dr. Benjamin Knox
Medical records of Promise Medical
Medical records of East Tennessee Spine and Orthopaedics Medical records of Jefferson Memorial Hospital
Request for Transportation Expenses
10. Mobile phone text messages
11. Email (Identification Only)
12. Job Description
13. Letter from Midwest (Identification Only)
14. Letter from Tennessee Occupational Safety and Health Administration
(Identification Only)
Technical Record:
SNAYNE WN ES
Petition for Benefit Determination Dispute Certification Notice Notice of Appearance
Show Cause Notice
Request for Expedited Hearing Order Setting Expedited Hearing Motion to Strike
Objection to Motion to Strike Order Denying Motion to Strike
10. Motion to Continue
11. Notice of Filing of Affidavit-Russell Bearden
12. Employee’s Expedited Hearing Brief
13. Notice of Filing medical records of Ballad Health 14. Employer’s Expedited Hearing Brief CERTIFICATE OF SERVICE
I certify a copy of this Order was sent on August 6, 2020.
Name Certified | Fax | Email | Service sent to: Mail Jerry Morris, x X = | 271 Clinch Valley Road Employee Eidson, TN 37731 johnqwang2@gmail.com Brent Moore and X | bmoore@ortalekelley.com Hayley Vos, hvos@ortalekelley.com
Employer’s Attorneys
>. # if ” AM ALA
ye MA
PENNY SHRUM, COURT CLERK Wce.CourtClerk@tn.gov
Expedited Hearing Order Right to Appeal:
If you disagree with this Expedited Hearing Order, you may appeal to the Workers’ Compensation Appeals Board. To appeal an expedited hearing order, you must:
1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the Clerk of the Court of Workers’ Compensation Claims within seven business days of the date the expedited hearing order was filed. When filing the Notice of Appeal, you must serve a copy upon all parties.
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar days after filing of the Notice of Appeal. Payments can be made in-person at any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an Affidavit of Indigency (form available on the Bureau’s website or any Bureau office) seeking a waiver of the fee. You must file the fully- completed Affidavit of Indigency within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will result in dismissal of the appeal.
3. You bear the responsibility of ensuring a complete record on appeal. You may request from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of the proceedings is to be filed, a licensed court reporter must prepare the transcript and file it with the court clerk within ten business days of the filing the Notice of Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both parties within ten business days of the filing of the Notice of Appeal. The statement of the evidence must convey a complete and accurate account of the hearing. The Workers’ Compensation Judge must approve the statement before the record is submitted to the Appeals Board. If the Appeals Board is called upon to review testimony or other proof conceming factual matters, the absence of a transcript or statement of the evidence can be a significant obstacle to meaningful appellate review.
4. If you wish to file a position statement, you must file it with the court clerk within ten business days after the deadline to file a transcript or statement of the evidence. The party opposing the appeal may file a response with the court clerk within ten business days after you file your position statement. All position statements should include: (1) a statement summarizing the facts of the case from the evidence admitted during the expedited hearing; (2) a statement summarizing the disposition of the case as a result of the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an argument, citing appropriate statutes, case law, or other authority.
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
we,courtclerk@tn.gov | 1-800-332-2667 Docket No.: State File No.:
Date of injury:
Employee
Employer
Notice is given that
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file- stamped on the first page of the order(s) being appealed):
D Expedited Hearing Order filed on 0 Motion Order filed on
0 Compensation Order filed on O Other Order filed on
issued by Judge
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
Parties Appellant(s) (Requesting Party): [' Employer!” Employee Address: Phone:
Email: Attorney’s Name: BPR#: Attorney’s Email: Phone: Attorney’s Address:
* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page lof 2 RDA 11082 Employee Name: Docket No.: Date of Inj.:
Appellee(s) (Opposing Party): [| Employer |” Employee Appellee’s Address: Phone:
Email:
Attorney’s Name: BPR#:
Attorney’s Email: Phone:
Attorney’s Address:
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, , certify that | have forwarded a true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this case on this the day of , 20
[Signature of appellant or attorney for appellant]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082