                                                                                  FILED
                                                                                Jun 27, 2019
                                                                                11:25 AM(CT)
                                                                              TENNESSEE COURT OF
                                                                             WORKERS' COMPENSATION
                                                                                    CLAIMS




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

DIANNE MOORE,                                )   Docket No. 2018-06-1503
         Employee,                           )
v.                                           )
BEACON TRANSPORT, LLC,                       )   State File No. 18493-2018
         Employer,                           )
And,                                         )
ACCIDENT FUND INS. CO.                       )   Judge Joshua Davis Baker
         Carrier.                            )

               EXPEDITED HEARING ORDER DENYING RELIEF

       The Court convened an expedited hearing on June 19, 2019, to consider whether
Beacon Transport, LLC must provide Ms. Moore additional medical treatment and
additional temporary disability benefits for an alleged workplace injury. Beacon denied
her claim and argued no further benefits are due because her disability and need for
treatment did not result from work. The Court agrees and denies Ms. Moore’s claim for
temporary disability and medical benefits.

                                     Claim History

       Ms. Moore worked for Beacon as a truck driver. On March 11, 2018, she arrived
in Ardmore, Oklahoma, to drop off an empty trailer and retrieve a load of goods.

        When Ms. Moore arrived at the customer’s warehouse and parked her truck, an
adjacent trailer was parked too close, which inhibited her ability to disconnect her empty
trailer from the truck cab. The lack of space between the trailer and her truck required
Ms. Moore to crawl underneath her trailer to release the “landing gear” and disconnect.
While lying on her back, she attached a large crank handle to the landing gear release
mechanism and gave two sharp tugs. On the second tug, she felt immediate pain in her
back followed by a numbness that gradually spread from her chest down to her bilateral
lower extremities.

      In need of help, Ms. Moore looked around the parking lot but saw no one.
Because she left her cell phone in the truck cab, Ms. Moore crawled from beneath the
trailer until she reached the cab. Sometime during the crawl, her bladder released.

        After reaching the cab and crawling inside, Ms. Moore first called Beacon to
report her injury and ask about getting medical assistance. She then called 911 and went
to the hospital, via ambulance, where doctors diagnosed her with bilateral sciatica.

       A couple of days later, Ms. Moore saw Dr. Bridger Cox, a neurosurgeon in
Oklahoma City. Dr. Cox ordered MRIs of her cervical, thoracic, and lumbar spine.
Upon reviewing the results, he determined she suffered from degenerative conditions at
multiple levels of her spine but found no acute disc herniation or fractures to explain her
sudden onset of symptoms. He also found no significant stenosis or compression. The
thoracic MRI report, however, mentioned “non-specific” “signal intensity” at T5-6 of
“uncertain etiology” that could indicate “demyelinating disease.” Dr. Cox released Ms.
Moore to return to Tennessee but suggested she “follow-up with her primary care
physician and potentially a neurologist once she return[ed] to Tennessee.”

       After returning to Tennessee in late March, Ms. Moore continued to have
problems with bilateral numbness, bladder incontinence, and constipation. Beacon
offered her a panel of physicians, and she chose Dr. Richard Rubinowicz on March 19,
2018.1 However, according to Ms. Moore, the nurse case manager told her Dr.
Rubinowicz had no appointments available until May, so she asked to see Dr. Stephen
Graham.2 When Dr. Graham also could not see her soon enough, she selected Dr.
Garrison Strickland.

       At her appointment, Dr. Strickland reviewed Ms. Moore’s MRI films and
determined her condition was unrelated to work. Instead he determined her symptoms
likely resulted from transverse myelitis. He suggested Ms. Moore follow up with her
primary care physician. Beacon then denied her claim.

       After her visit with Dr. Strickland, Ms. Moore saw Dr. Darian Reddick. Dr.
Reddick ordered another MRI. After reviewing the results, he saw “clear evidence of
idiopathic transverse myelitis.”

                         Findings of Fact and Conclusions of Law

       At this expedited hearing, Ms. Moore’s claim for temporary disability and medical
benefits turns on the medical proof. To prevail, she must show she would likely prevail
at a hearing on the merits on every element of her claim, including medical causation.
1
 Exhibits 6 and 18 are Choice of Physician Forms where Ms. Moore chose Dr. Rubinowicz. The first is
dated March 19, the second March 20.
2
  The nurse case manager’s report showed Dr. Rubinowicz had an appointment available at a satellite
office the week after Ms. Moore chose him.

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See Tenn. Code Ann. § 50-6-239(d)(1) (2018). The Court holds Ms. Moore failed to
carry her burden, as all the medical proof shows her condition did not result from the
workplace incident.

       With the exception of conditions whose cause is open or obvious, the Workers’
Compensation Law applies only to those conditions shown to a “reasonable degree of
medical certainty” to have arisen “primarily out of and in the course and scope of
employment.” Tenn. Code Ann. §50-6-102(14)(A). The cause of Ms. Moore’s condition
is neither open nor obvious, so an expert medical opinion linking the symptoms to the
workplace accident is indispensable to the success of her claim. Unfortunately, every
doctor who assessed her found no link between her symptoms and the workplace
incident. Dr. Cox determined Ms. Moore’s symptoms resulted from “uncertain etiology.”
Dr. Strickland found her symptoms likely resulted from transverse myelitis, not a
workplace injury. Finally, Dr. Reddick found “clear evidence of idiopathic transverse
myelitis.”

        Despite the medical evidence, Ms. Moore continues to suffer from her symptoms
and asked the Court to reach a different conclusion on the cause. Judges, however, are
not well-suited to make independent medical determinations without expert medical
testimony. Scott v. Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS
24, at *8. Similarly, the parties cannot rely solely on their own medical interpretations to
successfully support their arguments. Lurz v. Int’l Paper Co., 2018 TN Wrk. Comp. App.
Bd. LEXIS 8, at *17 (Feb. 14, 2018). Consequently, the Court must deny Ms. Moore’s
request. This denial does not prevent Ms. Moore from collecting expert medical proof
showing a causal relationship between her condition and her work, if any is available, and
continuing to pursue her claim


   It is ORDERED as follows:

   1. Ms. Moore’s requested relief is denied at this time.

   2. This matter is set for a status conference on Monday, August 26, 2019, at 9:30
      a.m. (CDT). You must call 615-741-2113 to participate in the Hearing.
      Failure to call may result in a determination of issues without your
      participation.

ENTERED JUNE 27, 2019.


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

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                                     APPENDIX

Exhibits:

   1. Medical records
   2. Ms. Moore’s affidavit
   3. The First Report of Injury
   4. Ms. Moore’s written statement
   5. A March 28, 2018 email from Greg Hurd
   6. Employee’s Choice of Physician form
   7. Notice of Denial
   8. Termination Letter dated April 25, 2018
   9. Claims Payment Report
   10. OSHA Reporting Documents
   11. Photo
   12. 911 Transcript
   13. 911 audio recording
   14. MRI Film
   15. Flying J Receipt
   16. Photos of receipts
   17. MRI Film (thoracic and cervical)
   18. Choice of Physician Form dated March 20, 2018
   19. Choice of Physician Form dated March 21, 2018
   20. Additional medical records
   21. MRI Films – Premiere Radiology
   22. Note from Dr. Cox dated March 15, 2018
   23. Text message sent by Ms. Moore

Technical Record:

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




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                             CERTIFICATE OF SERVICE

       I certify that a copy of this Order was sent to these recipients as indicated on June
27, 2019.


 Name                    Standard     Via     Via      Addresses
                           Mail       Fax     Email

 Dianne Moore,                                   X     melow_d2000@yahoo.com
 Employee
 Cole Stinson,                                   X     cole.stinson@accidentfund.com
 Employer’s Attorney



                                   _______________________________________
                                   Penny Shrum, Court Clerk
                                   Wc.courtclerk@tn.gov




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