Sikora, Kirk v. Cassens Transport, Co.

2016 TN WC 138
CourtTennessee Court of Workers' Compensation Claims
DecidedJune 6, 2016
Docket2016-04-0025
StatusPublished

This text of 2016 TN WC 138 (Sikora, Kirk v. Cassens Transport, Co.) 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
Sikora, Kirk v. Cassens Transport, Co., 2016 TN WC 138 (Tenn. Super. Ct. 2016).

Opinion

FILED JUNE 6, 2016

TN COURT OF WORKERS' CO!\IPI NSATIO N CLA.Il\IS

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TENNESSEE BUREAU OF WORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT COOKEVILLE

Kirk Sikora ) Docket No.: 2016-04-0025 Employee, ) v. ) State File Number: 2125-2016 Cassens Transport, Co. ) Employer, ) Judge Robert Durham And ) New Hampshire Ins. Co. ) Insurance Carrier. )

EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS

THIS CAUSE came before the undersigned Workers' Compensation Judge on May 20, 2016, upon the Request for Expedited Hearing (REH) filed by the employee, Kirk Sikora, on March 15, 2016, pursuant to Tennessee Code Annotated section 50-6-239 (20 15) to determine if the employer, Cassens Transpmt, Co., is obligated to pay for Mr. Sikora's emergency room treatment incurred on January 1, 2016. 1

The dispositive issue is whether any injuries Mr. Sikora sustained during an assault on December 31, 20 15, arose primarily out of and in the course and scope of his employment with Cassens. 2 A secondary issue is whether Mr. Sikora is entitled to reimbursement for emergency room treatment received on January 1, 2016. The Court finds the evidence submitted by Mr. Sikora is sufficient to establish he sustained an injury arising primarily out of and in the course and scope of his employment. The Court further finds Cassens authorized the emergency room treatment, thus creating the presumption that it was reasonable and necessary. As a result, Cassens shall pay this expense in accordance with fee schedule guidelines.

1 At the hearing, Mr. Sikora stipulated that the only benefit he sought from the Expedited Hearing was reimbursement for the emergency room visit. 2 Additional information regarding the technical record and exhibits is attached to this Order as an Appendix.

1 History of Claim

Mr. Sikora is a forty-nine-year-old resident of Smith County, Tennessee, who works as a truck driver for Cassens Transport, Co. (T.R. 1 at 1.) Mr. Sikora's testimony as to the events ofDecember 31,2015, and January 1, 2016, were essentially uncontested by Cassens. Mr. Sikora testified that on December 31, 2015, he drove from Cassens' terminal in Smyrna, Tennessee to Chicago, Illinois, where he picked up a load for his return trip to Tennessee. Given that he had already worked the maximum length of time allowed by federal regulations and Cassens' policy, Mr. Sikora stopped at a Best Western hotel in Lafayette, Indiana to take a mandatory ten-hour rest break. He testified Cassens paid for the expenses associated with the stay, and he had stayed there several times before.

Mr. Sikora checked in to the hotel at approximately 3:30 p.m. and went to bed around 8:00p.m. At 10:30 p.m., Mr. Sikora was awakened by noise from a party down the hall from his room. After some time, he called to the front desk to complain but the noise continued unabated. Mr. Sikora got up from bed and slammed his door as loudly as he could to get the attention of the partygoers. The noise quieted, but after five minutes, someone knocked on his door. Mr. Sikora told the person to go away, and they did; however, fifteen minutes later, someone began pounding on his door. Mr~ Sikora again demanded they leave him alone, but this time the pounding continued.

Mr. Sikora rose from bed and opened the door to face three men. He testified he could smell alcohol on their breath. One of the men asked him "what his problem was." Mr. Sikora told him he was a truck driver and needed to get some sleep since he would be leaving for work in a few hours, and he was not there to "party." One of the other men then grabbed him by the throat and pushed him back against the glass closet door next to the door of his room. Mr. Sikora told him to "get the fl'** out of his face" but testified the man's grip became so tight that he momentarily passed out. He woke almost immediately to find himself on the closet floor surrounded by glass. The men were still outside his door. He told them he would have to call the police because of the damage done to the door. At that point, the men left.

Mr. Sikora called the police, but after a brief investigation, they left without arresting anyone. Mr. Sikora told them he did not need medical treatment at that time. The hotel moved him to another floor, and he slept for a few hours before waking to get in his truck. He testified that upon waking, he had difficulty breathing and could barely talk. After some time, he contacted the terminal and left a voicemail telling them he needed medical attention. When he got back to Smyrna, he texted his dispatcher, Jim Firkus, and told him he was back and needed medical attention. He asked if there was somewhere specific he was required to go. He testified Mr. Firkus called and told him he could seek medical attention anywhere.

2 After dropping off his truck, Mr. Sikora went to the emergency room at Stonecrest Medical Center. He underwent tests for his neck and knee and was released shortly thereafter. 3 Mr. Sikora returned to work and has not sought any additional medical treatment. He testified he is not currently experiencing any symptoms.

On cross-examination, Mr. Sikora conceded he did nothing to inform his alleged assailants that he was in any way connected to Cassens. He further testified he initiated contact with the parties by slamming his door. He also admitted he did not include any statement in his affidavit about the parties having alcohol on their breath.

Mr. Sikora filed a Petition for Benefit Determination seeking medical benefits on January 29, 2016. The parties did not resolve the disputed issues through mediation, and the Mediating Specialist filed a Dispute Certification Notice on March 18, 2016. Mr. Miller filed an REH on March 15, 2016. The Court heard the matter on May 20, 2016.

At the Expedited Hearing, Mr. Sikora contended he was at the hotel as required by law and Cassens' policy; thus, he was in the course of employment at the time of the assault. He further contended his injuries arose primarily out of his employment in that the assault occurred due to a conflict between his need to sleep so he could drive the next day and the party occurring down the hall from his room. Cassens countered that while the injury may have occurred while Mr. Sikora was in the course of his employment, it did not arise from his employment given that the alleged assailants were not even aware Mr. Sikora worked for Cassens at the time of the assault.

Findings of Fact and Conclusions of Law

The Court considers the following legal principles in reaching its conclusions in this matter. The Court must interpret the Workers' Compensation Law fairly, impartially and in accordance with basic principles of statutory construction favoring neither the employee nor employer. Tenn. Code Ann. § 50-6-116 (2015). The employee in a workers' compensation claim has the burden of proof on all essential elements of a claim. Scott v. Integrity Staffing Solutions, No. 2015-01-0055, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Tenn. Workers' Comp. App. Bd. Aug. 18, 2015).

An employee need not prove every element of his or her claim by a preponderance of the evidence in order to obtain relief at an expedited hearing. McCord v. Advantage Human Resourcing, No. 2014-06-0063, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7- 8, 9 (Tenn. Workers' Comp. App. Bd. Mar. 27, 2015). At an expedited hearing, an employee has the burden to come forward with sufficient evidence from which the trial court can determine that the employee is likely to prevail at a hearing on the merits. !d. This lesser evidentiary standard "does not relieve an employee of the burden of

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Bluebook (online)
2016 TN WC 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sikora-kirk-v-cassens-transport-co-tennworkcompcl-2016.