Thomas, William v. MTD Products, Inc.

2016 TN WC 38
CourtTennessee Court of Workers' Compensation Claims
DecidedFebruary 18, 2016
Docket2015-07-0229
StatusPublished

This text of 2016 TN WC 38 (Thomas, William v. MTD Products, 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
Thomas, William v. MTD Products, Inc., 2016 TN WC 38 (Tenn. Super. Ct. 2016).

Opinion

IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT JACKSON

WILLIAM THOMAS ) Docket No.: 2015-07-0229 Employee, ) v. ) State File Number:70701-2015 MTD PRODUCTS, INC. ) Employer. ) Judge Amber E. Luttrell AND ) ) ACE AMERICAN INSURANCE CO. ) Insurance Carrier. )

EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS

This matter came before the undersigned Workers' Compensation Judge on the Request for Expedited Hearing filed by the employee, William Thomas, pursuant to Tennessee Code Annotated section 50-6-239 (2015). The present focus of this case is the compensability of Mr. Thomas' right shoulder claim and his entitlement to medical benefits. The central legal issues are whether Mr. Thomas is likely to prevail at a hearing on the merits regarding whether his right shoulder injury arose primarily out of and in the course and scope of his employment and if compensable, whether Dr. Nord's surgical recommendation was reasonable and medically necessary for the shoulder injury. For the reasons set forth below, the Court finds Mr. Thomas carried his burden of proof and he is entitled to medical benefits with Dr. Nord for his right shoulder injury.

History of Claim

Mr. Thomas is a seventy-one-year-old resident of Weakley County, Tennessee. (T.R. 1.) He has worked at MTD in Martin, Tennessee since 1994.

In December 2014, Mr. Thomas worked on the log splitter line as a press operator. At the time of injury, he performed two different jobs. He ran a press that required him to press a button to install a battery into a unit. He also set up another machine that presses batteries, but it required that he push up and pull down a long lever to operate the press. Mr. Thomas testified he experienced pain in the top of his right shoulder after two to

1 three days of pushing up and pulling down the lever. On December 17, 2014, Mr. Thomas reported the injury by documenting it in the MTD Accident Report Log Book. (Ex. 14.) Ms. Brenda Brawner, MTD's industrial nurse and workers' compensation coordinator, testified that MTD instructs all employees during orientation to document any injury, large or small, in the Accident Report Log Book. She acknowledged Mr. Thomas signed the log book on December 17, 2014. Mr. Thomas did not speak to anyone about his injury that day.

The following day, Mr. Thomas' supervisor, Darrell Poiner, requested he work on a different unit loading parts on a mower. Mr. Thomas testified he told Mr. Poiner he could not perform the job because he injured his right shoulder. Mr. Poiner reassigned Mr. Thomas to a different job training another employee instead of loading parts on the mower. Mr. Thomas trained the coworker for approximately two days. Shortly thereafter, MTD shut down the facility for the holidays.

Mr. Thomas testified he saw Ms. Brawner on December 29, 2014, and complained of pain in his right shoulder, and she gave him pain medicine to rub on his shoulder. Ms. Brawner denied seeing Mr. Thomas on December 29, because the plant was shut down on that date; however, she conceded it is possible she could have given him pain medication on another date and he was mistaken about the date.

Mr. Thomas sought treatment with his family physician, Dr. Selena Parnell Dozier, on the afternoon of December 29, complaining of pain in his right shoulder. (Ex. 5.) Dr. Dozier noted a "history of trauma" and stated, "the problem has been rapidly worsening." Mr. Thomas reported the current episode began the prior day after "performing over-head activity for extended period of time over the weekend." Following an exam, Dr. Dozier diagnosed acute shoulder pain, injected Mr. Thomas' shoulder, and prescribed anti-inflammatory medication.

Mr. Thomas testified he returned to work on or about January 4 or 5, 2015, from the shutdown and resumed his position pressing batteries. He attempted the job for a day or two and experienced increased pain in his right shoulder. Mr. Thomas went to Brenda Brawner, MTD's nurse, concerning shoulder and chest pain. Ms. Brawner confirmed Mr. Thomas came to see her on January 5, 2015. She testified this was the first time she spoke with Mr. Thomas regarding his right shoulder. She documented the discussion in a memorandum. (Ex. 15.) Ms. Brawner testified Mr. Thomas told her he was working on something for "momma" during the Christmas break. She noted in a memo "the project had made his shoulder worse but he pointed to the center of his chest he said since he hurt himself worse during the break he just went to his own Dr. and they had started running a series of tests." !d. MTD subsequently prepared a First Report of Work Injury on February 22, 2015, stating Mr. Thomas notified MTD of an injury on January 5, 2015, from running a press and using a wrench. (Ex. 3.)

2 Mr. Thomas sought emergency treatment at Baptist Hospital on January 6, 2015, and gave a history of pain in his right neck, shoulder and collarbone area since December 28, 2014. He complained of right shoulder and collarbone swelling for one week. Mr. Thomas was diagnosed with a sternoclavicular mass and additional testing revealed an abscess in the right side of his chest. According to Mr. Thomas, the doctors "got away from the shoulder and were focused on the infection." Mr. Thomas treated with Drs. Earl Stewart, Douglas Appleby, Barbara Menzies, and John Sparrow over the course of six months for the mass along the right medial clavicle. MTD admitted into the record a hospital admission record from Dr. Menzies dated January 21, 20 15, where the history provided "70 y/o man who has had painful swelling and redness at upper rt chest near collarbone x 3 wk. He recalls heavy strenuous physical activity using his arms and upper torso with home projects in early Dec." (Ex. 12.) Mr. Thomas was hospitalized for three days for the chest mass and underwent cardiothoracic surgery on April 8, 2015. (Ex. 7-9.)

Initially, Mr. Thomas, through counsel, contended the abscess was causally related to his right shoulder injury. As a result, MTD filed a Notice of Denial of Claim of the claim on March 22, 2015, stating, "Claimant's injuries do not coincide with workplace duties. Claimant has an infection in his shoulder and abscess in right chest. Not work related." (Ex. 4.) At the Expedited Hearing, the parties agreed the medical proof indicated the abscess was unrelated to the right shoulder injury.

Prior to the denial, Mr. Thomas signed an MTD Accident Investigation Report on or about February 10, 2015. Mr. Thomas testified his signature appeared on the report; however, he could not specifically recall signing it. The report described the injury to Mr. Thomas' shoulder as "running a press/using wrench to put in screws." It went on to state, "Pressing bearing into part that goes in mower." Mr. Thomas testified this referred to a handle on the mower that pulls the deck up and stated "all that went with the same job." 1

Following treatment for the unrelated abscess, MTD offered Mr. Thomas a panel of physicians for his right shoulder injury on April 24, 2015. 2 (Ex. 1.) Mr. Thomas selected Dr. Keith Nord, orthopedist, for treatment.

Mr. Thomas saw Dr. Nord on June 15, 2015, and reported right shoulder pain that started "after using a bar or lever to move and close material at work." (Ex. 10.) Dr. Nord commented, "his abscess and clavicle osteomyelitis are not related to his shoulder pain and did not start in the shoulder." Dr. Nord recommended an MRI for his shoulder complaints and opined it was work related. Dr. Nord noted a January 5, 2015 date of

1 The Court understood Mr. Thomas' testimony to be these tasks were included in the press operator job he performed in December 2014. 2 The Court notes MTD offered Mr. Thomas a panel of physicians approximately one month after filing a Notice of Denial of the Claim.

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2016 TN WC 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-william-v-mtd-products-inc-tennworkcompcl-2016.