                                                                                            FILED
                                                                                          Mar 05, 2020
                                                                                          03:35 PM(CT)
                                                                                       TENNESSEE COURT OF
                                                                                      WORKERS' COMPENSATION
                                                                                             CLAIMS




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

ROMA BLANKENSHIP,                                )    Docket No.: 2019-02-0171
         Employee,                               )
v.                                               )    State File No.: 21230-2019
BALLAD HEALTH,                                   )
         Self-Insured Employer.                  )    Judge: Brian K. Addington


                              EXPEDITED HEARING ORDER
                              (DECISION ON THE RECORD)


      This claim came before the Court on Ms. Blankenship’s Request for an Expedited
Hearing on the record. Ms. Blankenship asked the Court to order temporary disability
and medical benefits. 1 For the reasons below, the Court denies her claim for benefits.

                                          Claim History

       Ms. Blankenship worked for Ballad Health as a CNA. In November 2018, she
complained to her unit manager about working excessive hours and caring for many
patients. She also reported swollen ankles, but she did not allege a work injury. Ballad
did not file an injury report.

      After Ms. Blankenship’s complaint, she sought treatment with Dr. William
Brashear in December. Dr. Brasher prescribed Lyrica and took her off work. However,
Ms. Blankenship did not file any medical records from Dr. Brashear for 2018. She last
worked on December 25, 2018.

      Due to continued complaints, Ballad filed an injury report and sent Ms.
Blankenship to Dr. Michael Anders in February 2019. She complained of left- and right-
knee pain and ankle swelling, which was “made worse by prolonged walking, stairs.”
She reported her work as a CNA over the years caused her problems. After examining

1
 This is Ms. Blankenship’s second request for an expedited hearing on the record. The Court previously
denied her request for medical and temporary disability benefits.

                                                  1
Ms. Blankenship, Dr. Anders could not causally relate her current symptoms to her
work. 2

       After seeing Dr. Anders, Ms. Blankenship returned to Dr. Brashear with continued
pain. He assessed bilateral patellofemoral osteoarthritis, stating “I do feel this is an
exacerbation of an underlying problem.” Dr. Brashear continued her Lyrica prescription
and released her for full-duty work in March 2019.

                         Findings of Fact and Conclusions of Law

       The issue is whether Ms. Blankenship injured her ankles and knees at work. To
receive benefits, Ms. Blankenship must show she would likely prevail at a hearing on the
merits that she suffered a specific injury or aggravation of a pre-existing condition by
accident arising primarily out of and in the course and scope of employment that caused
the need for medical treatment. See Tenn. Code Ann. §§ 50-6-102(14); 50-6-239(d)(1)
(2019). This requires expert medical proof. See Albright v. Hercules HVAC Pads, Inc.,
2018 TN Wrk. Comp. App. Bd. LEXIS 66, at *13 (Dec. 20, 2018).

      Here, two physicians examined Ms. Blankenship, and neither causally related her
ankle and knee conditions to her work for Ballad. The Court acknowledges that Ms.
Blankenship feels her condition is work-related, but she presented no new medical
evidence to support her claim. Therefore, the Court holds she is not entitled to medical or
temporary disability benefits at this time.

       IT IS, THEREFORE, ORDERED AS FOLLOWS:

       1. The Court denies Ms. Blankenship’s request for temporary and medical
          benefits at this time.

       2. This case is set for a Status Hearing on April 28, 2020, at 10:30 a.m. Eastern
          Time. The parties must call 855-543-5044 to participate. Failure to call at the
          scheduled time might result in the determination of issues without the party’s
          participation.




2
 Dr. Anders used an incorrect standard. The correct standard is whether the employment contributed
more than fifty percent in causing the injury. Tenn. Code Ann. § 50-6-102(14)(B).


                                                2
      ENTERED March 5, 2020.



                                      _/S/ Brian K. Addington_________________
                                      BRIAN K. ADDINGTON, JUDGE
                                      Court of Workers’ Compensation Claims

                                    Appendix

Exhibits:
      1. Ms. Blankenship’s Affidavit
      2. Medical Record-Occupational Medicine Clinic (2/5/19)
      3. Medical Record-Appalachian Orthopedic Associates (3/12/19-3/26/19)
      4. Job Description

Technical Record:
     1. Petition for Benefit Determination
     2. Dispute Certification Notice
     3. Ballad Health’s Response to Request for Expedited Hearing




                                        3
                          CERTIFICATE OF SERVICE

     I certify a copy of this Order was sent as indicated on March 5, 2019.

        Name              Certified    Fax     Email   Service sent to:
                           Mail
Roma Blankenship,                                X     140 Painter Rd.
Employee                                               Fall Branch, TN 37656
                                                       catherine62kylie@gmail.com
Michael Forrester,                               X     mforrester@hsdlaw.com
Employer’s Attorney                              X     amcknight@hsdlaw.com




                                       ______________________________________
                                       PENNY SHRUM, COURT CLERK
                                       Court of Workers’ Compensation Claims
                                       wc.courtclerk@tn.gov




                                          4
                           Expedited Hearing Order Right to Appeal:

     If you disagree with this Expedited Hearing Order, you may appeal to the Workers’
Compensation Appeals Board. To appeal an expedited hearing order, you must:

   1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the
      Clerk of the Court of Workers’ Compensation Claims within seven business days of the
      date the expedited hearing order was filed. When filing the Notice of Appeal, you must
      serve a copy upon all parties.

   2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten
      calendar days after filing of the Notice of Appeal. Payments can be made in-person at
      any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the
      alternative, you may file an Affidavit of Indigency (form available on the Bureau’s
      website or any Bureau office) seeking a waiver of the fee. You must file the fully-
      completed Affidavit of Indigency within ten calendar days of filing the Notice of
      Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will
      result in dismissal of the appeal.

   3. You bear the responsibility of ensuring a complete record on appeal. You may request
      from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of
      the proceedings is to be filed, a licensed court reporter must prepare the transcript and file
      it with the court clerk within ten business days of the filing the Notice of
      Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both
      parties within ten business days of the filing of the Notice of Appeal. The statement of
      the evidence must convey a complete and accurate account of the hearing. The Workers’
      Compensation Judge must approve the statement before the record is submitted to the
      Appeals Board. If the Appeals Board is called upon to review testimony or other proof
      concerning factual matters, the absence of a transcript or statement of the evidence can be
      a significant obstacle to meaningful appellate review.

   4. If you wish to file a position statement, you must file it with the court clerk within ten
      business days after the deadline to file a transcript or statement of the evidence. The
      party opposing the appeal may file a response with the court clerk within ten business
      days after you file your position statement. All position statements should include: (1) a
      statement summarizing the facts of the case from the evidence admitted during the
      expedited hearing; (2) a statement summarizing the disposition of the case as a result of
      the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an
      argument, citing appropriate statutes, case law, or other authority.




For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
                                              NOTICE OF APPEAL
                                      Tennessee Bureau of Workers’ Compensation
                                        www.tn.gov/workforce/injuries-at-work/
                                        wc.courtclerk@tn.gov | 1-800-332-2667

                                                                                  Docket No.: ________________________

                                                                                  State File No.: ______________________

                                                                                  Date of Injury: _____________________



         ___________________________________________________________________________
         Employee

         v.

         ___________________________________________________________________________
         Employer

Notice is given that ____________________________________________________________________
                         [List name(s) of all appealing party(ies). Use separate sheet if necessary.]

appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):

□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ Other Order filed on_____________________
issued by Judge _________________________________________________________________________.

Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

Parties
Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
                           * Attach an additional sheet for each additional Appellant *

LB-1099 rev. 01/20                              Page 1 of 2                                              RDA 11082
Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________



Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
                              * Attach an additional sheet for each additional Appellee *




                                             CERTIFICATE OF SERVICE

I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.



                                                           ______________________________________________
                                                            [Signature of appellant or attorney for appellant]




LB-1099 rev. 01/20                                 Page 2 of 2                                        RDA 11082
