Smith, Sean v. Yates Services, LLC

2016 TN WC 313
CourtTennessee Court of Workers' Compensation Claims
DecidedDecember 22, 2016
Docket2016-05-0150
StatusPublished

This text of 2016 TN WC 313 (Smith, Sean v. Yates Services, 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
Smith, Sean v. Yates Services, LLC, 2016 TN WC 313 (Tenn. Super. Ct. 2016).

Opinion

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

SEAN SMITH, ) Docket No.: 2016-05-0150 Employee, ) v. ) State File No.: 12458-2016 YATES SERVICES, LLC, ) Employer. ) Judge Dale Tipps )

EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS (DECISION ON THE RECORD)

This matter came before the undersigned workers’ compensation judge on December 22, 2016, on the Request for Expedited Hearing filed by the employee, Sean Smith, pursuant to Tennessee Code Annotated section 50-6-239 (2016). The present focus of this case is whether Mr. Smith is entitled to medical and temporary disability benefits. The central legal issues are whether the evidence is sufficient for the Court to determine that Mr. Smith is likely to establish at a hearing on the merits he suffered an injury arising primarily out of and in the course and scope of his employment, and whether the statute of limitations bars his claim. For the reasons set forth below, the Court holds Mr. Smith is not entitled to the requested medical and temporary disability benefits at this time.1

History of Claim

A review of Mr. Smith’s affidavit and recorded statement shows the following: He began working on the assembly line for Yates in January 2012. Early in the course of his employment with Yates, he began having pain in his right hand. He reported the problem, and Yates assigned him different job duties.

1 A complete listing of the technical record and exhibits considered by the Court is attached to this Order as an appendix.

1 In March 2014, after being “forced to work a 20-day straight schedule,” Mr. Smith began having pain and tingling, this time in both his hands. He informed his supervisor, Jeff Hudgins, who told him to file a claim under his short-term disability coverage. Mr. Smith filed a claim and received short-term disability benefits while he was out of work during April 2014. Yates required a medical clearance before allowing Mr. Smith to return to work, so he saw Dr. Charles Kaelin, who diagnosed carpal tunnel syndrome. Dr. Kaelin suggested further treatment, but Mr. Smith could not afford it and returned to work with no restrictions in May 2014. The pain in Mr. Smith’s hands never went away over the next eight months of work. Yates subsequently terminated him, and his last day of work was December 17, 2014.

Mr. Smith continues to have pain and tingling in his arms and hands. He did not seek workers’ compensation medical treatment from Yates because he did not know that was an option. He thought he had to get treatment on his own. However, because he lost his medical insurance, he has received no medical care for his condition since leaving Yates.

A review of Dr. Kaelin’s records shows that he saw Mr. Smith on April 8, 2014, for complaints of hand and arm pain, tingling, and weakness. Mr. Smith reported the symptoms had “been there for quite some time.” Dr. Kaelin diagnosed bilateral ulnar nerve neuropathy and bilateral carpal tunnel syndrome. He prescribed Relafen and wrist braces.

Upon Dr. Kaelin’s referral, Dr. John Schneider performed motor nerve conduction and EMG tests on April 24, 2014. Dr. Schneider’s conclusion was “normal study,” with “no clear-cut electrodiagnostic evidence to suggest peripheral neuropathy, plexopathy, or radiculopathy.”

Mr. Smith returned to Dr. Kaelin on April 29, 2014, reporting that his braces had not provided much relief and that his work at the Nissan plant seemed to aggravate his problem. Dr. Kaelin reviewed the EMG and nerve conduction results and diagnosed bilateral carpal tunnel syndrome. He performed a cortisone injection on Mr. Smith’s right wrist and instructed him to return in three weeks. He also released Mr. Smith to full duty.

On April 6, 2016, Dr. Kaelin responded to a letter from Yates’ workers’ compensation carrier. Asked whether Mr. Smith sustained a work injury that arose primarily out of and in the course and scope of his employment at Yates, Dr. Smith checked the “No” response. He also wrote, “Though the diagnosis of CTS does not require a positive [nerve conduction study], his EMG was normal and symptoms mild. Further, no treatment was sought for 2 years, so no proof of work causation.”

Mr. Smith filed a Petition for Benefit Determination on July 17, 2016, seeking

2 medical and disability benefits. The parties did not resolve the disputed issues through mediation, and the Mediating Specialist filed a Dispute Certification Notice. Mr. Smith filed a Request for Expedited Hearing and asked the Court to issue a decision based on the record without an evidentiary hearing. The Court issued a Docketing Notice on December 12, 2016, identifying the documents it received for review and advising the parties that they had until December 21, 2016, to file any objections to the admissibility of any of those documents.2

In his brief, Mr. Smith contends he suffered a gradually occurring injury arising out of and in the course of his employment. He argues that Yates seeks to contravene the workers’ compensation statute by refusing to provide benefits when he reported his injury and then relying on a statutory defense. Mr. Smith characterizes this as selectively following the law when it is beneficial to Yates and ignoring it when it is detrimental. Mr. Smith also disputes Dr. Kaelin’s causation opinion because Dr. Kaelin was not an authorized treating physician and because he gave that opinion two years after Mr. Smith’s initial injury.

Yates contends it owes no workers’ compensation benefits because Mr. Smith’s claim is barred by the statute of limitations. Alternatively, Yates relies on Dr. Kaelin’s opinion that Mr. Smith’s carpal tunnel syndrome did not arise primarily out of and in the course of his employment.

Findings of Fact and Conclusions of Law

The following legal principles govern this case. Because this case is in a posture of an Expedited Hearing, Mr. Smith need not prove every element of his claim by a preponderance of the evidence in order to obtain relief. 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). Instead, he must come forward with sufficient evidence from which this court might determine he is likely to prevail at a hearing on the merits. Id.; Tenn. Code Ann. § 50-6-239(d)(1)(2016).

Applying these principles to the facts of this case, the Court cannot find that Mr. 2 Mr. Smith filed his Request for Expedited Hearing on November 22, 2016. On December 13, 2016, the day after the Court issued its docketing notice, Yates filed a Motion/Request for Evidentiary Hearing contending that witness testimony would be necessary to address its affirmative statute of limitations defense. Counsel for Yates stated that he dictated the motion on December 7, following a discussion with his clients, and that the delay in filing the motion was due to his failure to place his dictation in “rush status.” Tennessee Compilation Rules and Regulations 0800- 02-21-.14(1)(f) (2016) provides: “Any party opposing the request for issuance of a decision on the record shall have ten (10) business days from the date the request for expedited hearing is filed to file an objection with the clerk.” Yates filed no objection. To the extent its Motion/Request could be deemed an objection, the Court notes that Yates’ counsel filed the Motion/Request after the ten-day period expired. The Court notes that, even considering Yates’ stated reason for the delay, the decision to seek an evidentiary hearing did not occur until December 7, at which time the ten-day period had already expired.

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2016 TN WC 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-sean-v-yates-services-llc-tennworkcompcl-2016.