                                                                                   FILED
                                                                                 May 16, 2019
                                                                                 07:34 AM(CT)
                                                                              TENNESSEE COURT OF
                                                                             WORKERS' COMPENSATION
                                                                                    CLAIMS




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

KATELYN JONES,                               ) Docket No. 2018-02-0409
         Employee,                           )
v.                                           )
UPPER EAST TENNESSEE HUMAN                   )
DEVELOPMENT AGENCY,                          ) State File No. 37058-2018
         Employer,                           )
And                                          )
PUBLIC ENTITY PARTNERS,                      )
         Carrier.                            ) Judge Brian K. Addington


      EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS


        The Court held an Expedited Hearing on May 14, 2019, on Katelyn Jones's
entitlement to medical and temporary disability benefits. The issue is whether Ms. Jones
is likely to establish at trial that she is entitled to these benefits for a knee injury she
suffered from a fall at work. For the reasons below, the Court denies the requested relief.

                                    History of Claim

       Ms. Jones worked as a family resource specialist at Upper East Tennessee Human
Development Agency (UETHDA). Her position included "engagement activities," which
are planned events where all students and their parents participate in social activities
coordinated by teachers, their assistants, and the family resource specialists.

        During an engagement activity in UETHDA's gym on May 18, 2018, Ms. Jones
ensured that the activities progressed, the children and parents stayed engaged, and the
participants remained safe. After an activity ended, she walked across the gym floor and
suddenly fell injuring her left knee. The floor was level and unobstructed. Ms. Jones did
not observe anything that caused her to fall.

       UETHDA provided a panel, and Ms. Jones chose Holston Medical Group. After
two visits, UETHDA denied her claim on the basis she suffered an idiopathic injury. Ms.

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Jones continued limited treatment at her own expense and testified that she needs surgery
to repair a ligament and bone spur.

       Ms. Jones asserted her injury occurred at work and she never experienced knee
complaints before the fall. She argued her work duties supervising children and
interacting with the adults during the engagement activity presented a hazard that caused
her injury. UETHDA argued Ms. Jones suffered an idiopathic injury; no work hazard
caused her to fall. It asked the Court to deny Ms. Jones's claim and moved to dismiss the
case.

                       Findings of Fact and Conclusions of Law

        To prevail at an expedited hearing, Ms. Jones must provide sufficient evidence to
show she would likely to prevail at a hearing on the merits in proving her claim for
medical and temporary disability benefits. See Tenn. Code Ann. § 50-6-239(d)(l)
(20 18). She failed to do so.

        Since Ms. Jones does not know why she fell, UETHDA argued she suffered an
idiopathic injury. An idiopathic injury is defined as "one that has an unexplained origin
or cause, and generally does not arise out of the employment unless 'some condition of
the employment presents a peculiar or additional hazard."' Veler v. Wackenhut Servs.,
No. E2010-00965-WC-R3-WC, 2011 Tenn. LEXIS 78, at *9 (Tenn. Workers' Comp.
Panel Jan. 28, 2011). Since Ms. Jones fell on a level, unobstructed surface, she must
establish that her unexplained fall was due to a condition of the employment that
presented a peculiar or additional hazard to her. Byrom v. Randstad N Am., L.P., No.
E2011-00367-WC-R3-WC, 2012 Tenn. LEXIS 152, at *13 (Tenn. Workers' Comp.
Panel Mar. 8, 2012).

        Ms. Jones's argument that her job duties presented a hazard that caused her injury
is not persuasive. As the Workers' Compensation Appeals Board explained in McCaffery
v. Cardinal Logistics, 2015 TN Wrk. Comp. App. Bd. LEXIS 50, at *8-11 (Dec. 10,
20 15), the relevant inquiry is not what caused the alleged idiopathic condition or event
but what caused the injury. The Board noted that "cause" in the context of idiopathic
injuries "means that the accident originated in the hazards to which the employee was
exposed as a result of performing his job duties." !d. at *10. Here, the important inquiry
is not what caused Ms. Jones's fall, but what caused her knee injury. Ms. Jones did not
submit any evidence as to what caused her knee injury, and her mere presence at work is
not a "hazard." See Rogers v. Kroger Co., 832 S.W.2d 538, 541 (Tenn. 1992).
Therefore, the Court holds Ms. Jones did not come forward with sufficient evidence to
prevail at a hearing on the merits and she is not entitled to the requested benefits.

      Finally, UETHDA's motion to dismiss, presumably a motion for involuntary
dismissal under Rule 41.02 of the Tennessee Rules of Civil Procedure, is denied. Ms.

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Jones sought interlocutory relief at an expedited hearing, so this is a nonfinal order
subject to modification at any time before the final compensation hearing. See Tenn.
Code Ann.§ 50-6-239(d)(3).

IT IS, THEREFORE, ORDERED as follows:

   1. Ms. Jones's requested relief is denied at this time.

   2. This matter is set for a Status Hearing on August 27, 2019 at 9:00 a.m. Eastern
      Time. The parties must call 855-543-5044 toll-free to participate in the hearing.
      Failure to appear by telephone may result in a determination of the issues without
      your further participation.

       ENTERED May 16, 2019.



                                     Is/ Brian K. Addington
                                    JUDGE BRIAN K. ADDINGTON
                                    Court of Workers' Compensation Claims

                                        APPENDIX

Exhibits
1. Ms. Jones's Affidavit
2. Notice ofDenial of Claim for Compensation
3. Medical records ofHMG Urgent Care
4. Medical records of Family Physicians of Johnson City
5. Franklin Woods's radiology report
6. Medical records of Appalachian Orthopedics
7. Collective-Medical bills and receipts
8. Pay Stubs from April and May 2018
9. Job Description

Technical Record
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing
4. Motion to Dismiss
5. Agreed Order
6. Statement of Stipulated Facts
7. Ms. Jones's Pre-Hearing Brief
8. Employer's Pre-Hearing Brief

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                             CERTIFICATE OF SERVICE

        I certify that a copy of the Order was sent to these recipients by the following
  methods of service on May 16, 2019.

     Name          Certified Mail      Email       Service sent to:

Josh Hoeppner,                           X         josh@hoeppnerlaw .com
Employee's
Attorney
Sam McPeak,                              X         sam@hbm-lawfirm.com
Employer's
Attorney




                                                 M, COURT CLERK
                                    Court of W rkers' Compensation Claims




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