                                                                                                 FILED
                                                                                               Oct 31, 2019
                                                                                              07:15 AM(CT)
                                                                                           TENNESSEE COURT OF
                                                                                          WORKERS' COMPENSATION
                                                                                                 CLAIMS




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

RASHELLE NIGMATYANOV,                               )
        Employee,                                   ) Docket No. 2018-06-2320
                                                    )
v.                                                  ) State File No. 67955-2018
                                                    )
LOWE’S HOME CENTERS, INC.,                          ) Judge Joshua D. Baker
        Employer.                                   )


                                 EXPEDITED HEARING ORDER


       The Court convened an expedited hearing on October 29, 2019, to consider
whether Ms. Nigmatyanov is entitled to medical treatment and reimbursement of past
medical expenses for her right-shoulder injury. For the reasons below, the Court finds
her request premature and denies her relief at this time.

                                            Claim History

       In a previous order, the Court granted Ms. Nigmatyanov a panel of orthopedists to
evaluate and treat her right-shoulder if the panel physician determined her condition was
causally-related to her employment. At this hearing, Ms. Nigmatyanov asked for
ongoing medical treatment and reimbursement of medical expenses she incurred for
treatment before the Court’s prior order for a panel. She testified that Lowe’s provided
the panel in accordance with the order, she chose a doctor, and he evaluated her on
October 16.1 She did not testify that Lowe’s had denied her medical benefits since the
Court’s previous order.




1
  She filed the record for that visit on October 21, and Lowe’s objected to its admissibility on the ground
that it was untimely filed under Tenn. Comp. Rule & Reg. 0800-02-21-16(2)(a). The Court sustained
Lowe’s objection.
                      Findings of Fact and Conclusions of Law

        To prevail at this expedited hearing, Ms. Nigmatyanov must provide sufficient
evidence that she would prevail at a hearing on the merits. Here, she claimed Lowe’s
wrongfully denied her treatment and asked the Court to order Lowe’s provide it.
Regarding her request for reimbursement of expenses, she must establish that they were
reasonable and necessary. See Tenn. Code Ann. § 50-6-239(d)(1) (2019); Miller v.
Logan’s Roadhouse, Inc., et al., 2018 TN Wrk. App. Bd. LEXIS 59, at *12-13 (Nov. 15,
2018). The Court holds Ms. Nigmatyanov failed to provide sufficient proof on both
issues.

       The Workers’ Compensation Law requires an employer to provide injured workers
“medical and surgical treatment . . . as ordered by the attending physician . . . made
reasonably necessary by accident as defined in this chapter.” Tenn. Code Ann. § 50-6-
204(a)(1)(A). An authorized physician’s treatment recommendations are presumed
reasonable and necessary. Id. at 50-6-204(a)(3)(H). An employer risks being required to
pay for unauthorized treatment if it does not provide treatment made reasonably
necessary by the work injury. See Young v. Young Elec. Co., 2016 TN Wrk. Comp. App.
Bd. LEXIS 24, at *16 (May 25, 2016).

      Ms. Nigmatyanov presented no expert medical proof linking her prior treatment to
her workplace accident. Therefore, any decision concerning reimbursement of past
medical expenses would be premature. Further, as Ms. Nigmatyanov admitted Lowe’s
provided her a panel and scheduled an appointment, the Court has no reason to order
Lowe’s to provide treatment at this time. Consequently, the Court denies Ms.
Nigmatyanov’s requests at this time.

   It is ORDERED as follows:

   1. Ms. Nigmatyanov’s request for additional medical treatment or reimbursement of
      medical expenses is denied at this time.

   2. This case is set for a status conference on January 27, 2020, at 9:00 a.m. (CST).
      The parties must call 615-741-2113 to participate in the hearing. Failure to call
      might result in a determination of issues without the party’s participation.


                                        ENTERED OCTOBER 31, 2019.

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

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                                   APPENDIX


Exhibits:
   1. Medical Records
   2. Rule 72 Declaration of Ms. Nigmatyanov
   3. Medical Bills

Technical Record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. Request for Expedited Hearing filed September 10, 2019
   4. Request for Expedited Hearing filed February 22, 2019
   5. Employer’s Response to Employee’s Request for Expedited Hearing
   6. Employee’s Notice of Filing of Medical Records
   7. Employee’s Motion to Compel Exam
   8. Employer’s Response to Employee’s Motion to Compel Exam
   9. Expedited Hearing Order
   10. Notice of Filing of Employee’s Choice of Physician
   11. Employee’s Motion to Continue
   12. Order Granting Continuance
   13. Employer’s Motion to Continue
   14. Order Granting Continuance
   15. Employee’s Motion to Compel
   16. Employer’s Exhibit List
   17. Order Granting Motion to Compel
   18. Employer’s Motion to Alter or Amend Order Compelling Discovery
   19. Employee’s Exhibit List
   20. Employee’s Response to Employer’s Motion to Alter or Amend Order




                                        3
                          CERTIFICATE OF SERVICE

     I certify that a copy of this Order was sent as indicated on October 31, 2019.

Name                     Certified Fax     Email    Service sent to:
                          Mail
Rashelle Nigmatyanov,                          X     Shelme2222@gmail.com
Employee
Carolina Martin,                               X     Carolina.martin@leitnerfirm.com
Employer’s Attorney



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




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