                                                                                            FILED
                                                                                         Aug 09, 2019
                                                                                         01:12 PM(CT)
                                                                                      TENNESSEE COURT OF
                                                                                     WORKERS' COMPENSATION
                                                                                            CLAIMS




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

WANDA GRIFFIN,                                    )   Docket No. 2018-08-1438
         Employee,                                )
v.                                                )
FOR SENIOR HELP, LLC d/b/a                        )   State File No. 88427-2018
PRIMECARE TRANSPORTS,                             )
         Employer,                                )
And                                               )
TRAVELERS PROPERTY                                )   Judge Deana C. Seymour
CASUALTY CO. OF AMERICA,                          )
         Insurance Carrier.                       )


                   EXPEDITED HEARING ORDER DENYING
               ADDITIONAL TEMPORARY DISABILITY BENEFITS


       The Court convened an Expedited Hearing on July 24, 2019, to determine Wanda
Griffin’s entitlement to additional temporary disability benefits for a work-related left-
foot injury. 1 Primecare Transports argued it provided all benefits to which Ms. Griffin
was entitled. The Court holds Ms. Griffin is not likely to prevail at trial regarding her
claim for additional temporary disability benefits at this time.

                                        History of Claim

        Ms. Griffin worked as a driver for Primecare. On November 12, 2018, she injured
her left ankle while assisting a patient into a van. She sought treatment at the emergency
room, where she was diagnosed with a left-ankle sprain and provided with a note
returning her to full duty on November 14.




1
  Ms. Griffin also claimed medical benefits and pain and suffering. However, before the hearing,
Primecare agreed to pay for all authorized medical treatment under Tennessee Code Annotated section
50-6-204, and Ms. Griffin did not pursue pain and suffering at the hearing. See Stipulations at p. 4.
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        Rather than returning to work on the 14th, Ms. Griffin went to an urgent care
facility for additional authorized treatment. There, a nurse practitioner diagnosed an ankle
sprain and prescribed medication and an ankle-support sleeve. The nurse practitioner also
kept Ms. Griffin off work from November 16 to November 28.

        Later, Ms. Griffin selected Dr. Mark Harriman for authorized treatment. Dr.
Harriman saw her twice and ordered physical therapy but did not restrict her physical
activities.

       Primecare agreed to pay the outstanding emergency room bill and to continue
authorized medical treatment. It also agreed to pay two weeks of temporary total
disability (TTD) benefits for November 13 and from November 16 to November 28. 2

       Ms. Griffin claimed entitlement to additional TTD from November 29, 2018, to
April 22, 2019, because Primecare terminated her on November 20, 2018, and she could
not find another job until April 23, 2019. Primecare denied it owed Ms. Griffin additional
TTD, since no physician restricted her work activities after November 28, 2018.

                        Findings of Fact and Conclusions of Law

        Ms. Griffin claims entitlement to temporary disability benefits from November 22,
2018, to April 22, 2019. At an Expedited Hearing, she must provide sufficient evidence
from which the Court can determine she is likely to prevail at a hearing on the merits on
this issue. McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd.
LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

       To receive temporary disability benefits, Ms. Griffin must establish (1) she
became disabled from working due to a compensable injury; (2) a causal connection
between her injury and her inability to work; and (3) her period of disability. Jones v.
Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11,
2015). The Court holds she did not establish the required elements.

        First, the Court finds Ms. Griffin presented no proof that any physician took her
off work between November 29, 2018, and April 22, 2019. Second, she did not establish
a causal connection between her injury and her inability to work during this period.
Rather, Ms. Griffin attributed her lack of work to her inability to find a job. After finding
similar employment on April 23, 2019, Ms. Griffin continued to work without
restrictions. Thus, the Court holds Ms. Griffin is not entitled to the requested temporary
disability benefits.


2
 At the stipulated workers’ compensation rate of $243.40, Primecare sent Ms. Griffin a check for
$486.80, which she returned. Primecare will resend this payment.
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       IT IS, THEREFORE, ORDERED as follows:

1.     Ms. Griffin’s request for temporary disability benefits from November 29, 2018,
to April 22, 2019, is denied.

2.    This case is set for a Status Hearing on September 16, 2019, at 11:00 a.m.
Central Time. You must call toll-free at 866-943-0014 to participate in the hearing.

       ENTERED August 9, 2019.



                                  ____________________________________
                                  Judge Deana C. Seymour
                                  Court of Workers’ Compensation Claims

                                      APPENDIX

Stipulations:

1.     Ms. Griffin injured her left ankle on November 12, 2018.
2.     Ms. Griffin initially treated at Regional One.
3.     Primecare provided a panel from which Ms. Griffin chose Methodist Minor
Medical for treatment.
4.     Ms. Griffin then chose Dr. Mark Harriman from an orthopedic panel.
5.     The average weekly wage is $365.10 with a $243.40 compensation rate.
6.     Primecare will pay the Regional One medical bill for November 12, 2018,
pursuant to the fee schedule.
7.     Primecare denied no medical treatment.
8.     Ms. Griffin continues to see Dr. Harriman for authorized treatment.
9.     Primecare will pay all authorized medical treatment casually-related to the work
injury of November 12, 2018.
10.    Primecare will pay Ms. Griffin for two weeks of temporary total disability benefits
totaling $486.80 (November 13, 2018, and from November 16-28).

Trial Exhibits:
1.     Medical Records filed by Employer/Carrier on July 10, 2019;
2.     Wage Statement;
3.     Employee’s Choice of Physicians Panels (Methodist Minor Medical and Dr. Mark
Harriman);
4.     TTD check mailed to Ms. Griffin dated June 18, 2019, and Response of Ms.
Griffin;

                                            3
5.    Regional One Medical Bill;
6.    Request for Expedited Hearing with Ms. Griffin’s Affidavit;
7.    List of medical payments made on claim by employer;
8.    Methodist Minor medical record of November 23, 2018 (2 pages);
9.    Text between Ms. Griffin and her supervisor from November 12-16, 2018;
10.   Signed medical waiver and consent form.

Technical record:
TR1. Petition for Benefit Determination;
TR2. Dispute Certification Notice with defenses raised by Primecare Transport;
TR3. Request for Expedited Hearing, with Ms. Griffin’s affidavit;
TR4. Employer/Carrier’s Pre-Trial Brief for Expedited Hearing;
TR5. Employer/Carrier’s Table of Authorities for Pre-Hearing Brief for Expedited
Hearing;
TR6. Employer/Carrier’s List of Witnesses and Exhibits for Expedited Hearing.

                           CERTIFICATE OF SERVICE

      I certify that a copy of this Order was sent as indicated on August 9, 2019.

 Name                       Certified Via       Via      Service sent to:
                            Mail      U.S.      Email
                                      Mail
 Wanda Griffin,                                   X      Rnwgriffin45@yahoo.com
 Employee                                                Wandagriffin46@gmail.com
 Jared S. Renfroe,                                X      jrenfroe@apicerfirm.com
 Employer’s Attorney



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




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