Spencer, Gerald v. National State Park Concession d/b/a Cades Cove Riding Stables

2016 TN WC 156
CourtTennessee Court of Workers' Compensation Claims
DecidedJuly 6, 2016
Docket2015-03-0899
StatusPublished

This text of 2016 TN WC 156 (Spencer, Gerald v. National State Park Concession d/b/a Cades Cove Riding Stables) 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
Spencer, Gerald v. National State Park Concession d/b/a Cades Cove Riding Stables, 2016 TN WC 156 (Tenn. Super. Ct. 2016).

Opinion

F~ED

July 6 , 2016

1N COURT OF WORKERS' CO!\IPENSATION CLAIMS

TilDe 2: 50 Pl\1

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

GERALD SPENCER, ) Docket No.: 2015-03-0899 Employee, ) v. ) State File Number: 100267-2015 NATIONAL STATE PARK ) CONCESSION d/b/a CADES COVE ) Judge Lisa Lowe Knott RIDING STABLE, ) Employer, ) and ) LIBERTY MUTUAL INSURANCE ) COMPANY, ) Carrier. )

EXPEDITED HEARING ORDER DENYING TEMPORARY DISABILITY AND MEDICAL BENEFITS

This matter came before the undersigned workers' compensation judge on June 28, 2016, on the Request for Expedited Hearing filed by the employee, Gerald Spencer, pursuant to Tennessee Code Annotated section 50-6-239 (20 15). The central legal issues are: (1) whether Mr. Spencer sustained an injury to his right knee and/or his right hip/back arising primarily out of and in the course and scope of his employment with the Employer, National State Park Concession d/b/a Cades Cove Riding Stables; (2) the date of and notice of alleged injuries; and (3) whether Mr. Spencer is entitled to medical and temporary disability benefits. For the reasons set forth below, the Court finds that Mr. Spencer's request for medical and temporary disability benefits related to his right knee injury is denied and his request for medical treatment related to his right hip/back/my fascial pain is granted, but his request for temporary disability benefits for same is denied. 1

1 A complete listing of the technical record and exhibits admitted at the Expedited Hearing is attached to this Order as an appendix.

1 History of Claim

Mr. Spencer is a forty-seven-year-old resident of Knox County, Tennessee. National State Park Concession d/b/a Cades Cove Riding Stables (CCRS) employed Mr. Spencer initially as a cashier and then later as a horse wrangler. Mr. Spencer held seasonal positions with CCRS from 2012 through 2015. CCRS currently lists Mr. Spencer as an inactive employee. His last date as an active employee was August 17, 2015.

Mr. Spencer acknowledges pre-existing bi-lateral knee conditions. He previously obtained diagnostic testing and injections in both knees. Dr. Edwin Holt, Ortho Tennessee, performed right knee surgery on May 15, 2015. Due to the physical aspect of Mr. Spencer's job duties, Dr. Holt did not release him to return to work without restrictions until July 1, 2015. (Ex. 8.)

Mr. Spencer alleged that on August 1, 2015, he was removing the saddle from his assigned horse, when a co-worker named Nick Coppenger let his horse loose in the barn. This action spooked Mr. Spencer's horse, which threw him against a wall and knocked him to the gr und. Mr. Spencer alleged he sustained injuries to his right kne and hip. 2 Mr. Ronald Lee, General Manager of CCRS, stated in his affidavit that he did not receive written or oral notification of the injury from Mr. Spencer. CCRS disputed that the alleged incident occurred on August 1, 2015, as records reflect Mr. Spencer and Mr. Coppenger last worked together in July 2015.

Mr. Spencer filed a Petition for Benefit Determination (PBD) seeking temporary disability and medical benefits. The parties did not resolve the disputed issues through mediation, and the Mediating Specialist filed a Dispute Certification Notice (DCN). Mr. Spencer filed a Request for Expedited Hearing.

At the Expedited Hearing, Mr. Spencer did not dispute his pre-existing right knee condition. Mr. Spencer claimed he spoke with Mr. Lee about his prior right knee surgery; that he did six weeks of physical therapy; and Dr. Holt released him to return to work with no restrictions on July 1, 2015. Mr. Spencer testified he knew the alleged incident at work occurred on a Sunday. He was not sure of the exact date but believed it to be August 1 or August 2, 2015.

Mr. Spencer testified he reported the injury to his managing supervisor, Edward Kirkland, on the day it happened. At the Expedited Hearing, Mr. Kirkland testified he was present in the tacking room when the incident occurred. He "heard a ruckus" and saw a horse go running through the hallway where Mr. Spencer was working. Mr.

2 In his closing argument, Mr. Spencer referenced additional injuries to his foot and ankle. However, his PBD only referenced right knee and hip injuries.

2 Kirkland testified he entered the stall area and saw Mr. Spencer on the ground. He helped Mr. Spencer get up. Mr. Kirkland stated Mr. Spencer said at that time he was not feeling well. Mr. Kirkland did not remember the exact date of the incident. Mr. Kirkland testified that after Mr. Spencer's right knee surgery, he returned to work and was doing a good job, but after this incident, Mr. Spencer was limping or "walking funny" and having difficulties doing his job.

Mr. Spencer testified he attempted to return to Dr. Holt but was unable to schedule an appointment because he owed Dr. Holt money for past treatment. He underwent an MRI at the VA hospital, which revealed a small meniscal tear. (Ex. 11.) CCRS ultimately authorized Dr. John Harrison to evaluate Mr. Spencer's right knee and right hip. (Ex. 14.)

CCRS countered that: Mr. Spencer did not give proper written notice of his alleged injury; the injury did not occur on August 1, 2015; and there is no medical proof establishing Mr. Spencer's right knee injury arose primarily out of and in the course and scope of his employment.

Findings of Fact and Conclusions of Law

Because this case is in a posture of an Expedited Hearing, Mr. Spencer need not prove every element of his 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). Instead, he must come forward with sufficient evidence from which the court can determine that he is likely to prevail at a hearing on the merits. !d.; Tenn. Code Ann. § 50-6-239(d)(1) (2015).

To be compensable under Workers' Compensation Law, an injury must arise primarily out of and occur in the course and scope of the employment. Tenn. Code Ann. § 50-6-102(14) (2015). The term "injury" is defined as "an injury by accident ... arising primarily out of and in the course and scope of employment, that causes death, disablement or the need for medical treatment of the employee." !d. For an injury to be accidental, it must be "caused by a specific incident, or set of incidents, arising primarily out of and in the course and scope of employment, and is identifiable by time and place of occurrence." Tenn. Code Ann.§ 50-6-102(14)(A) (2015).

Date of and Notice ofInjury

Mr. Spencer testified the injury occurred on a Sunday but could not recall the exact date. He explained with specificity that he was removing the saddle from his assigned horse when Mr. Coppenger spooked his horse. His horse threw him against a wall and he fell. There is a dispute as to the exact date of injury, since Mr. Spencer

3 alleged it occurred on August 1, 2015, and Mr. Lee testified Mr. Spencer and Mr. Coppenger last work together in July 2015. Under Tennessee Code Annotated section 50-6-201(a)(l) (2015), an injured employee shall give written notice of the injury to an employer who has no actual notice. Regardless of whether the incident occurred in July or August 2015, Mr. Kirkland's testimony established he was Mr.

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Related

§ 50-6-102
Tennessee § 50-6-102(14)
§ 50-6-239
Tennessee § 50-6-239(d)(1)

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Bluebook (online)
2016 TN WC 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-gerald-v-national-state-park-concession-dba-cades-cove-riding-tennworkcompcl-2016.