                                                                                            FILED
                                                                                         Feb 07, 2020
                                                                                         02:43 PM(CT)
                                                                                      TENNESSEE COURT OF
                                                                                     WORKERS' COMPENSATION
                                                                                            CLAIMS




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

HERIBERTO ANGEL,                                 ) Docket No. 2019-06-1141
        Employee,                                )
                                                 )
v.                                               )
                                                 ) State File No. 33095-2019
EL MOLCAJETE MEXICAN                             )
RESTAURANT,                                      )
        Employer,                                )
and                                              ) Judge Joshua D. Baker
THE HARTFORD,                                    )
        Carrier.                                 )


               EXPEDITED HEARING ORDER DENYING BENEFITS


      The Court held an expedited hearing on January 30, 2020, to consider whether Mr.
Angel is likely to prove he suffered a work-related hernia that would entitle him to
workers’ compensation benefits. Because testing conducted soon after the accident
showed no evidence of a hernia, the Court denies his requested relief.

                                         Claim History

       Mr. Angel alleged he suffered a hernia from lifting beer kegs for El Molcajete
Mexican Restaurant. Although he testified about a specific work incident that caused his
hernia, he struggled to provide cogent testimony about dates and treatment.1

      Mr. Angel could not recall his date of injury but testified it was in his “papers,”
presumably his petition, which reflects a December 23, 2018 injury date. The First
Report of Injury also suggests December 23 and states that Mr. Angel last worked on that
day. Mr. Angel testified he quit because he disliked El Molcajete’s manager.

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  El Molcajete provided an interpreter, but Mr. Angel explained his difficulty communicating resulted
from an intellectual disability affecting his memory, not the translation services.
         According to Mr. Angel, everything felt normal until he felt a “cold object” or a
“little tiny ball” about a week after the lifting incident. He then sought medical care on
January 3, roughly twelve days after the accident. The clinician recorded his complaint
as “constant pain of the genitourinary system” since December 20, 2018.

       Even though Mr. Angel felt pain and a lump on the right side of his groin, medical
providers did not find a hernia after testing. Following a “sonography in multiple planes
of the soft tissues of the RIGHT inguinal region,” the provider’s report noted a “Normal
Examination” with no observed masses.

       Several months later, in April 2019, Mr. Angel sought treatment on his own, and a
physician at Northcrest Medical Center diagnosed a bilateral inguinal hernia. He accrued
$1,914.56 in medical bills through this treatment and wants El Molcajete to pay them.
He also wants El Molcajete to pay for corrective surgery.

                       Findings of Fact and Conclusions of Law

       To prevail at an expedited hearing, Mr. Angel must show that he is likely to
prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1) (2019).
Concerning hernia cases, the Workers’ Compensation Law directs the Court as follows:

      (a) In all claims for compensation for hernia or rupture, resulting from
          injury by accident arising primarily out of and in the course and scope
          of the employee’s employment, it must be definitely proven to the
          satisfaction of the court that:

             (1) There was an injury resulting in hernia or rupture;
             (2) The hernia or rupture appeared suddenly;
             (3) It was accompanied by pain;
             (4) The hernia or rupture immediately followed the accident; and
             (5) The hernia or rupture did not exist prior to the accident for which
             compensation is claimed.

Tenn. Code Ann. § 50-6-212(a)(1)-(5).

       Mr. Angel testified credibly that a lifting incident at work caused him pain and a
lump on the right side of his groin. Based on the evidence, the Court finds this incident
occurred no later than December 23. However, while later testing revealed a bilateral-
inguinal hernia, testing performed about two weeks after the accident showed no hernia.
Because the testing close after the accident did not show a hernia, the Court holds that
Mr. Angel is unlikely to prove his work incident resulted in a hernia that appeared
suddenly after it occurred.

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   It is ORDERED as follows:

   1. Mr. Angel’s interlocutory claim for medical and temporary disability benefits is
      denied.

   2. This case is set for a status conference on Monday, April 27, 2020, at 9:30 a.m.
      (CDT). You must call 615-741-2113 to participate in the hearing. Failure to
      call might result in a determination of issues without your further
      participation.

ENTERED February 7, 2020.



                                           _____________________________________
                                           Joshua Davis Baker, Judge
                                           Court of Workers’ Compensation Claims


                                     APPENDIX

Exhibits:

   1.   Medical Records
   2.   Mr. Angel’s affidavit
   3.   Notice of Denial
   4.   First Report of Injury
   5.   Bills


Technical Record:

   1. Request for Expedited Hearing
   2. Dispute Certification Notice
   3. Petition for Benefit Determination




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                           CERTIFICATE OF SERVICE

     I certify that a copy of this Order was sent as indicated on February 7, 2020.


Name                     Certified Via Via           Service sent to:
                         Mail      Fax Email
Heriberto Angel,                         X           Heribertoangel9@gmail.com
Employee
Gary Nichols,                                  X     Gary.nichols@thehartford.com
Employer’s Attorney




                                 _____________________________________
                                 Penny Shrum, Clerk
                                 Court of Workers’ Compensation Claims
                                 WC.CourtClerk@tn.gov




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