Washington, John v. UPS Ground Freight, Inc.

2018 TN WC 56
CourtTennessee Court of Workers' Compensation Claims
DecidedApril 27, 2018
Docket2017-08-1205
StatusPublished

This text of 2018 TN WC 56 (Washington, John v. UPS Ground Freight, 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
Washington, John v. UPS Ground Freight, Inc., 2018 TN WC 56 (Tenn. Super. Ct. 2018).

Opinion

FILED Apr 27, 2018

03:56 PM(CT)

TENNESSEE COURT OF

CLAIMS

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

AT MEMPHIS JOHN WASHINGTON, ) Docket No. 2017-08-1205 Employee, ) Vv. ) State File No. 69226-2017 UPS GROUND FREIGHT, INC., ) Employer, ) Judge Allen Phillips And ) LIBERTY MUTUAL INS. CO. ) Carrier. )

EXPEDITED HEARING ORDER FOR MEDICAL BENEFITS

Mr. Washington requested additional medical and temporary disability benefits for his September 7, 2017 work injury. UPS asserted it had paid all benefits to which Mr. Washington is entitled. The Court heard the disputed issues on April 11, 2018, and holds Mr. Washington is entitled to continuing medical benefits under the Workers’ Compensation Law.

History of Claim

On September 7, Mr. Washington was struck in the head by a metal bar while working for UPS. UPS transported him to Concentra Medical Center where a provider recommended treatment at an emergency facility. Mr. Washington was then seen at Methodist Hospital where CT scans of his brain and cervical spine were normal. The provider diagnosed a closed head injury, mild concussion, fractured tooth, lacerated tongue, and a head contusion. The provider told Mr. Washington to follow-up with a primary care provider if he did not improve.

On September 8, Mr. Washington experienced a headache and blurred vision. He sought unauthorized treatment at Panola Medical Center (Panola) where a CT scan of the head was “negative.” The provider diagnosed a concussion and headache. The discharge note again mentioned follow-up with a primary care physician.

UPS provided Mr. Washington a panel of physicians which, at Mr. Washington’s

l

WORKERS' COMPENSATION request, included his personal physician, Dr. Cary Mettetal. Dr. Mettetal diagnosed Mr. Washington with post-concussion syndrome and neck strain. He recommended Mr. Washington immediately stop wearing a cervical collar and referred him to a neurologist. Dr. Mettetal advised Mr. Washington to remain off work until seeing a neurologist and also restricted him from driving. He instructed Mr. Washington to return in one week.

On September 19, UPS provided Mr. Washington with a panel of neurologists from which he chose Dr. Mohammed Assaf. Mr. Washington said he chose Dr. Assaf because “someone he respects” had a favorable opinion of the doctor. However, after learning Dr. Assaf could not see him until October 26, Mr. Washington selected Dr. Nadel. Subsequently, Mr. Washington changed his mind again and opted to see Dr. Assaf as originally requested. UPS scheduled an appointment with Dr. Assaf for October 30.

On October 3, Mr. Washington went back to the emergency room at Panola where he reported a headache and dizziness. The provider diagnosed a cervical disc disorder and vertigo and noted Mr. Washington was scheduled to see a neurologist on October 30. The provider noted the “patient’s presenting complaint does not qualify as a certified emergency.”

On October 11, Mr. Washington returned to Dr. Mettetal who noted he still wore a cervical collar. He told Mr. Washington to immediately stop wearing the collar so his neck might move more freely. He kept Mr. Washington off work and advised him to avoid strenuous activities but to otherwise “return to all other usual duties at home.” Dr. Mettetal coordinated the scheduling of a brain and cervical MRI at Panola.

On October 19, Dr. Mettetal wrote a letter stating Mr. Washington needed a “personal care assistant until his appointment with the neurologist.” He deferred to the neurologist regarding any further need for an assistant. Mr. Washington also demanded UPS provide him a wheelchair and a walker. UPS consulted a home health care provider for options and sought clarification from Dr. Mettetal regarding the extent of the personal care Mr. Washington needed. Dr. Mettetal did not respond.

On October 26, both MRIs were interpreted as normal. Mr. Washington returned to the emergency room at Panola later that evening requesting pain medications. The emergency room provider noted that the “patient’s presenting complaint does not qualify as a certified emergency.”

Dr. Assaf saw Mr. Washington on October 30 and diagnosed post-concussion syndrome, low back pain and cervical disc degeneration. He recommended Mr. Washington remove his neck brace and that he undergo a MRI of the lumbar spine. Dr. Assaf completed a form that said Mr. Washington did not need a personal assistant or a cane. Dr. Assaf noted Mr. Washington had recorded the office visit and had “talked to many lawyers.” On October 31, the doctor wrote that he “did not wish to see Mr.

2 Washington back in [his] office again” because of their disagreement about the treatment plan.

Mr. Washington believed neither Dr. Mettetal nor Dr. Assaf performed a proper evaluation. He “reported” them both to their respective state physician licensing boards, questioned the validity of their diagnoses and accused them of “falsifying” his records. He said he spoke with a representative of “HIPPA” who explained the method of requesting a provider to change medical records; he offered no documentation that he did so. Mr. Washington testified he only recorded a conversation with Dr. Assaf’s office manager.

Mr. Washington underwent a lumbar MRI at Panola Medical Center on November 27 that revealed disc disease at several levels. He returned to the emergency room later that day requesting refills of medications prescribed by Dr. Mettetal. The provider stated he could not “prescribe narcotics for long term pain management” and recommended a physiatrist evaluation.

On December 6, UPS suspended payment of temporary disability benefits to Mr. Washington because “he repeatedly and intentionally refused to follow medical advice and treatment.” Nevertheless, UPS provided Mr. Washington a second panel of neurologists on December 17.

Mr. Washington chose Dr. Feiyu Chen from the second panel and personally sent his medical records via e-mail to Dr. Chen’s office manager. In that e-mail, he described his symptoms and further stated that he had been “illegally denied effective medical treatment” and that two “so-called treating doctors” had provided “unethical, unjust, illegal and inferior” medical treatment. He noted he had filed “complaints” against both doctors. Dr. Chen declined to see Mr. Washington.

UPS then provided a third panel of neurologists on December 22. Mr. Washington rejected this panel because it included a physician, Dr. James Wang, that he claimed would not see workers’ compensation patients. On December 31, Mr. Washington again went to the emergency room seeking medication and “papers for home health services.” The provider declined both requests and noted Mr. Washington’s complaints did not “qualify as a certified emergency.”

UPS provided a fourth panel of neurologists on January 9, 2018, from which Mr. Washington chose Dr. Bola Adamolekun, who declined to see him.

On February 1, Mr. Washington sent an email to Sarah Moore, UPS’s claims handler, stating that he was making requests to amend his “intentionally falsified records” from Drs. Mettetal and Assaf and that he was “in talks with the government to have legal actions taken against” the doctors. Despite this e-mail, UPS provided a fifth panel of

3 neurologists, but Mr. Washington rejected the panel because he said one of the physicians offered, Dr. Laverne Lovell, did not treat head injuries. UPS also told Mr. Washington it would not approve payment for any future emergency room visits.

After rejecting the fifth panel of neurologists, Mr. Washington declined to choose any physicians.

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