Ogden, Shawn v. McMinnville Tool & Die, Inc.

2017 TN WC 210
CourtTennessee Court of Workers' Compensation Claims
DecidedNovember 21, 2017
Docket2016-05-1093
StatusPublished

This text of 2017 TN WC 210 (Ogden, Shawn v. McMinnville Tool & Die, 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
Ogden, Shawn v. McMinnville Tool & Die, Inc., 2017 TN WC 210 (Tenn. Super. Ct. 2017).

Opinion

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

SHAWN OGDEN, ) Docket No. 2016-05-1093 Employee, ) v. ) ) McMINNVILLE TOOL & DIE, INC., ) State File No. 11323-2015 Employer, ) And ) ) FEDERATED MUT. INS. CO., ) Judge Dale Tipps Carrier. )

COMPENSATION HEARING ORDER

This matter came before the undersigned Workers’ Compensation Judge on November 2, 2017, for a Compensation Hearing. The central legal issue is whether Mr. Ogden’s October 1, 2016 fall was a direct and natural result of his compensable injury or whether it was the result of an independent, intervening cause. For the reasons set forth below, the Court holds that Mr. Ogden established by a preponderance of the evidence that his October 1 fall is compensable. Accordingly, the Court concludes Mr. Ogden is entitled to medical benefits and permanent total disability benefits for the injuries arising out of that fall.

History of Claim

Stipulations

The parties stipulated to the following: Mr. Ogden suffered a compensable injury to his right arm at McMinnville Tool & Die, Inc. (MTD) in February 2015. He subsequently developed complex regional pain syndrome (CRPS) in the injured arm. MTD accepted that condition as compensable and provided benefits. Dr. Jeffrey Hazlewood assigned Mr. Ogden a 15% permanent impairment rating to the body as a result of the February accident. MTD is responsible for providing future treatment for the CRPS pursuant to Tennessee Code Annotated section 50-6-204.

1 Although MTD disputed the compensability of Mr. Ogden’s subsequent fall on October 1, it has provided medical care from February 1, 2017, through the present, including Mr. Ogden’s continuing inpatient treatment at the Shepard Center in Atlanta. The parties agree there is a gap in medical benefits from October 1 through February 1, but MTD stipulated that in the event the accident is determined to be compensable, it would be responsible for paying for all related medical care under the Tennessee Workers’ Compensation Medical Fee Schedule.

MTD has paid all temporary disability benefits to which Mr. Odgen is entitled and continues to pay weekly benefits at the stipulated compensation rate of $290.80.

Finally, the parties agreed that, if the Court finds the October 1 accident compensable, Mr. Ogden is permanently and totally disabled.

Shawn Ogden

Mr. Ogden submitted a written statement and testified at trial. 1 Because of the severity of his CRPS, he elected to undergo implantation of a spinal cord stimulator. Dr. Hung Yu surgically implanted this device in Mr. Ogden’s cervical spine on August 31, 2016. After a couple of weeks of recovery in his bed at home, Mr. Ogden began walking around his house and doing some light chores, such as loading the dishwasher and sweeping.

On at least one occasion, Mr. Ogden’s right leg gave way while he was walking inside his house, causing him to fall against the washing machine. He told his doctors he was having some problems walking and requested a cane, which he never received. Mr. Ogden was supposed to begin physical therapy, but had not yet begun it at the time of his October 1 fall.

While he recuperated, Mr. Ogden spent some part of each day in his garage where he kept a chair and television. One reason for this was that he smoked cigarettes but did not smoke in the house. Until October 1, he never had any difficulties navigating the three stair steps into the garage, which he did several times per day. Mr. Ogden was unable to use the railing when descending because it was on the same side as his injured right hand.

Mr. Ogden was home alone on the evening of October 1. He went about his normal activities, including a few trips to the garage. As the evening progressed, Mr. Ogden began suffering increased pain in his neck. It became so severe that he decided to

1 Mr. Ogden participated in the hearing by telephone. Although the written statement was unsigned, the parties stipulated to its admissibility. 2 call his girlfriend, Misty Gibson, to ask her to come home from work. He went to get his cell phone from the garage.

When Mr. Ogden got to the bottom step in the garage, his right leg gave way, causing him to fall. He vehemently denied ever passing out or losing consciousness. When Mr. Ogden fell, he landed on the step on his buttocks, and his head hit the wall next to the steps. He crawled to get the phone and took it back into the house. Once inside, Mr. Ogden tried to stand up but fell down again onto his backside. He managed to get into a chair and call Ms. Gibson. She called 9-1-1 when she got home, and the EMTs arrived soon after.

Mr. Ogden told the EMTs that he fell and could not walk. He did not tell them he passed out. They transported him to Unity Medical Center. He did not recall any hospital personnel interviewing him, but they gave him medication and eventually sent for a helicopter to transport him to Vanderbilt Medical Center. He told the aircrew he fell but did not tell them he passed out or lost consciousness. Once Mr. Ogden arrived at Vanderbilt, a neurosurgeon performed surgery to remove the spinal cord stimulator.

On cross-examination, Mr. Ogden admitted he became more unstable on his feet over time and his knee would sometimes “give out.” At the time he requested the cane on September 9, these episodes occurred approximately once per week.

Misty Gibson

Misty Gibson lived with Mr. Ogden, accompanied him on his medical appointments, and helped him comply with the doctors’ instructions and prescriptions. Following the surgery, Mr. Ogden would move about the house, going to the sunroom to let the dogs out or to the garage to smoke.

On October 1, Mr. Ogden called and told Ms. Gibson he had fallen. When she got home, Ms. Gibson found Mr. Ogden sitting in a chair and unable to hold his head up or move his legs. When the EMTs arrived, Ms. Gibson heard Mr. Ogden tell them he had not passed out or lost consciousness. After Mr. Ogden arrived at Unity Medical Center Ms. Gibson described Mr. Ogden as “loopy” and “out of it,” perhaps because of the pain medicine he received there.

Tammy Lehman

Tammy Lehman was Mr. Ogden’s Nurse Case Manager. She confirmed Mr. Ogden complained of leg weakness and unsteadiness after the spinal cord stimulator and requested a cane. Ms. Lehman was unaware of any specific physical limitations imposed on Mr. Ogden by his doctors at the time of his fall.

3 Kristen Smith

Kristen Smith was the flight nurse who took care of Mr. Ogden on his helicopter flight to Vanderbilt. She took a history directly from Mr. Ogden and noted he “sustained syncopal episodes x2 tonight at home in which he fell down a set of stairs . . . His family states immediately after the fall, he regained consciousness but was paralyzed from the waist down. Family and patient states this paralysis has never happened before tonight.” Ms. Smith denied copying this information from another source and said she took this history directly from Mr. Ogden and his girlfriend. She also testified Mr. Ogden was alert and oriented when she talked to him.2

Hung Yu, M.D.

Dr. Yu performed Mr. Ogden’s spinal cord stimulator implant surgery and treated him after his October 1 fall. She acknowledged Mr. Ogden’s cardiac history and said his ongoing heart failure could prompt dizzy spells, shortness of breath, and difficulty with motor skills. However, Dr. Yu stated in her affidavit, “there is no medical evidence indicating a syncope episode contributed to [his] falls.” Instead, she wrote:

It is my opinion Mr. Ogden’s falls of October 1, 2016, resulted from the transient expected post-operative weakness associated with the spinal cord stimulator surgery on or about August 31, 2016.

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259 S.W.3d 690 (Tennessee Supreme Court, 2008)
Terri Ann Kelly v. Willard Reed Kelly
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Cite This Page — Counsel Stack

Bluebook (online)
2017 TN WC 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogden-shawn-v-mcminnville-tool-die-inc-tennworkcompcl-2017.