Peters, James v. Johnathan Mitchell d/b/a A Clean Connection, LLC

2015 TN WC 194
CourtTennessee Court of Workers' Compensation Claims
DecidedDecember 22, 2015
Docket2015-02-0209
StatusPublished

This text of 2015 TN WC 194 (Peters, James v. Johnathan Mitchell d/b/a A Clean Connection, LLC) 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
Peters, James v. Johnathan Mitchell d/b/a A Clean Connection, LLC, 2015 TN WC 194 (Tenn. Super. Ct. 2015).

Opinion

IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT KINGSPORT

James Peters ) Docket No.: 2015-02-0209 Employee, ) v. ) State File Number: 49650/2015 Johnathan Mitchell d/b/a/ ) A Clean Connection, LLC ) Employer, ) Judge Brian K. Addington And ) Auto-Owners Insurance, ) Insurance Company. ) )

EXPEDITED HEARING ORDER FOR MEDICAL BENEFITS

This cause came before the undersigned workers' compensation judge on December 11, 2015, for an Expedited Hearing. The present focus of this case concerns the employee's right to medical treatment and temporary benefits after suffering a fall at work. The central legal issue is whether th employee i an independent contract r or an 1 employee. For the reasons set fortb below. the ourt grants medical benefit at this time.

History of Claim

Employee, James Peters, is a forty-year-old resident of Sullivan County, Tennessee. (T.R. 1 at 1.) He testified that he has worked for Jonathan Mitchell d//b/a A Clean Connection, LLC for fifteen years, primarily as laborer. His last job with A Clean was as a supervisor cleaning the rafters at Aurora Casket Company one day per month. A Clean provided safety equipment such as masks and glasses at the work site. Mr. Peters testified he primarily worked for a different employer, Peter's Garages.

Mr. Peters testified that on March 10, 2015, he arrived at Aurora and began preparing for the shift. He climbed a ladder into a scissor lift provided by Aurora to do the job. He slipped from the ladder and landed hard on concrete. He called Jonathan 1 Additional information regarding the certified issues, technical record and exhibits admitted at the Expedited Hearing is attached to this Order as an Appendix.

1 Mitchell, the owner of A Clean, and reported the accident. He later spoke to Mr. Mitchell about the accident when Mr. Mitchell arrived at Aurora to inspect the crew's work. Although his right foot hurt, after discussing the matter with Mr. Mitchell, Mr. Peters did not request medical treatment at that time.

In April 2015, Mr. Peters discussed the pain in his right foot with Mr. Mitchell, when Mr. Mitchell contacted him about working at Aurora Casket that month. Mr. Peters did not know what was wrong with his foot, but his foot still hurt. Mr. Mitchell told him he may have chipped or broken it and that maybe he should see a doctor. Mr. Peters did not seek medical attention at that time but waited a few more weeks. Mr. Peters worked for A Clean that month.

Mr. Peters chose to go to the emergency room at Holston Valley Medical Center on May 12, 2015. He provided a history of a fall from a ladder onto "dirt," and advised that the accident occurred eight weeks earlier. (Ex. 3 at 2.) X-rays of Mr. Peters' right foot were negative for acute fracture or dislocation. !d. at 6. The providers diagnosed right foot strain, but issued no restrictions. /d. at 7. Mr. Peters did not inform Mr. Mitchell he was going to the emergency room or what had happened at the hospital. A Clean received a bill for Mr. Peters' treatment

Following his hospital visit, Mr. Peters returned to work the next scheduled workday; however, Aurora Casket had cancelled the cleaning for May 2015, and neither Mr. Peters nor the other employees worked that day.

In June, Mr. Mitchell testified he contacted Mr. Peters by text and told him he no longer needed him if he were unable to work. Mr. Mitchell also testified, however, that Mr. Peters never told him about work restrictions. Mr. Mitchell testified A Clean could have worked Mr. Peters on the floor instead of the scissor lift in order to meet his restrictions. Mr. Mitchell replaced Mr. Peters on the Aurora Casket work crew, because it was a five-man job.

On July 20, 2015, Mr. Peters signed a physician panel provided by A Clean and chose Dr. Kent Lord. (Ex. 2 at 3.) Dr. Lord first examined Mr. Peters on August 5, 2015, and diagnosed a right foot sprain. (Ex.4 at 5.) Dr. Lord prescribed a pneumatic tall walking boot and insert. !d. Dr. Lord placed Mr. Peters on work restrictions, including work in the boot with the insert and no climbing ladders or scaffolding equipment. !d. Mr. Peters also discussed his prior treatment and missed work. Dr. Lord was unaware of the emergency room treatment notes, but he opined limiting activity after a foot sprain is not unreasonable. !d.

Mr. Peters testified he returned to Dr. Lord on September 2, 2015. Mr. Peters told Dr. Lord he had returned to work. Dr. Lord opined Mr. Peters had improved. the parties did not provide the medical records from the September 2, 2015 visit. Mr. Peters did not

2 return to visit Dr. Lord. Mr. Peters testified there were some issues with scheduling therapy following the September 2, 2015 visit, but neither he nor A Clean explained the issues to the Court.

Mr. Peters testified Dr. Lord released him to work approximately two months prior to the Expedited Hearing.

A Clean presented a wage statement indicating Mr. Peters earned $1,795.40 during the fifty-two weeks preceding the accident date. Mr. Peters' average weekly wage would be $34.53, but the minimum compensation rate of $127.20 applies. Mr. Gibson testified he did a number of other jobs for A Clean that were not included on the wage statement.

Mr. Peters filed a Petition for Benefit Determination on June 29, 2015, requesting temporary disability benefits and medical benefits. (T.R. 1 at 1.) The parties did not resolve the disputed issues through mediation, and the Mediating Specialist filed a Dispute Certification Notice on August 21, 2015. (T .R. 2.) Mr. Peters filed a Request for Expedited Hearing, pursuant to Tennessee Code Annotated section 50-6-239 (2014). (T.R. 3.)

During the Expedited Hearing, Mr. Peters argued that he was an employee of A Clean and was entitled to additional medical and temporary disability benefits. He asserted that he worked for Mr. Mitchell for years and that one day Mr. Mitchell advised that his company would no longer have employees, but independent contractors. However, he continued to act as the supervisor at Aurora Casket work-site, and nothing else changed. He admitted he received a 1099, but not until late in the year. Mr. Peters asserted he does not own a business. He requested the Court to order a return appointment with Dr. Lord to either get a full work release or continued treatment for his work injury. He asserted he is entitled to temporary benefits for the three-month period he was unable to work.

A Clean contended that Mr. Peters was an independent contractor, not an employee, pursuant to Tennessee Code Annotated section 50-6-102(ll)(D) (2014). Mr. Peters provided his own way to work. The client and not A Clean provided most of the equipment. Mr. Peters could hire workers, and he could work for other employers. A Clean did not monitor Mr. Peters' work, but provided some safety equipment. All A Clean would do was a final walk through occasionally with Aurora to make sure it was done. Mr. Peters could refuse work.

A Clean asserted Mr. Peters was not entitled to any medical benefits because he failed to submit an opinion from Dr. Lord proving causation. In addition, A Clean argued that it should not be held responsible for Mr. Peters' emergency room visit because he did not seek permission to go to the emergency room prior to his treatment.

3 Findings of Fact and Conclusions of Law

The Workers' Compensation Law shall not be remedially or liberally construed in favor of either party, but shall be construed fairly, impartially, and in accordance with basic principles of statutory construction favoring neither the employee nor employer. Tenn . . Code Ann. § 50-6-116 (2014). The employee in a workers' compensation claim has the burden of proof on all essential elements of a claim. Tindall v.

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Bluebook (online)
2015 TN WC 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-james-v-johnathan-mitchell-dba-a-clean-connection-llc-tennworkcompcl-2015.