                                                                                  FILED
                                                                                Aug 02, 2019
                                                                                08:17 PM(CT)
                                                                             TENNESSEE COURT OF
                                                                            WORKERS' COMPENSATION
                                                                                   CLAIMS




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

DEVERY WILLIAMS,                            ) Docket No. 2018-03-1187
        Employee,                           )
v.                                          )
JL MALONE & ASSOCIATES/                     )   State File No. 96758-2018
FISHEL COMPANY,                             )
         Employer,                          )
And                                         ) Judge Pamela B. Johnson
ARCH INSURANCE COMPANY,                     )
         Carrier.                           )


             EXPEDITED HEARING ORDER DENYING BENEFITS


       This case came before the Court for an Expedited Hearing on July 16, 2019. Mr.
Williams requested medical benefits for a right-eye injury. The Court must decide
whether he presented sufficient evidence demonstrating he is entitled to additional
medical benefits, including prescription eyeglasses. For the reasons below, the Court
finds that Mr. Williams did not meet his burden and denies the requested benefits at this
time.

                                   History of Claim

       Mr. Williams worked as an equipment operator for JL Malone. On December 18,
20 17, he assisted a coworker with cutting a copper wire when the wire struck Mr.
Williams's right eye.

       Mr. Williams sought treatment on his own. The next day, he went to the
emergency room, and the attending provider diagnosed a corneal abrasion, prescribed an
eye ointment, and recommended a follow-up visit with Dr. Michael Lett in three to five




                                            1
days. In March 2018, Mr. Williams received an eyeglasses prescription from Dr. Mark
H. Vinson. 1

      In September 2018, Mr. Williams filed a Petition for Benefit Determination
seeking medical and disability benefits. During mediation, the parties agreed that JL
Malone would schedule an appointment for Mr. Williams with Dr. Scott Jaben.

       Mr. Williams saw Dr. Jaben in January 2019. After describing the work incident,
Mr. Williams reported blurred vision, difficulty keeping the eye open, eye twitches, and
eyestrain causing headaches. He also said his eye felt like it had a cut or scab.
Examination of the right eye showed an oblique linear partial thickness scar with
irregular astigmatism in the right eye and regular astigmatism in the left eye. Dr. Jaben
diagnosed a right-eye corneal scar.

       During a follow-up examination a couple weeks later, Dr. Jaben noted that Mr.
Williams could still see the eye chart and suspected that he could see better than
documented on visual testing. Dr. Jaben also noted that Mr. Williams's eye twitching,
while annoying, was not harmful or threatening to his vi ion. He determined that glasses
would not h lp Mr. Williams's vision, but he recommended continued use of "ATs." 2
Dr. Jaben further indicated that LASIK was not beneficial in trauma situations. He
recommended no further interventions but instructed Mr. Williams to return in six to
twelve months.

      In March, Mr. Jaben obtained two price quotes for single-vision, ophthalmic Ray-
Ban transition eyeglasses. When JL Malone refused to pay for the eyeglasses, the
mediator issued a Dispute Certification Notice.

        At the hearing, Mr. Williams argued he was "traumatized" by the situation. He
testified he still suffers from the injury and experiences blurred vision, difficulty reading,
and inability to enjoy his pre-injury activities such as hunting. He claimed his right-eye
injury led to eyestrain in his left eye, causing headaches. He asserted he is entitled to
"compensation" for his work injury and for his time and travel. 3 He denied preexisting
eye injuries or vision problems. He asked for money so he can "get the case behind"
him.

      JL Malone argued Mr. Williams sought benefits for pain and suffering,
unavailable under the Workers' Compensation Law. Testing by the authorized treating

1
  Mr. Williams introduced only the discharge instructions from Fort Loudon Medical Center and the
eyeglass prescription from Vision Care. He provided no evidence that he saw Dr. Lett.
2
    The Court infers "ATs" meant artificial tears.
3
    Mr. Williams resides in South Carolina.

                                                     2
physician, Dr. Jaben, showed no VISion loss due to the eye trauma but identified
astigmatisms in both eyes. Dr. Jaben did not recommend any further interventions and
specifically determined Mr. Williams would not benefit from glasses or LASIK surgery.
JL Malone thus argued Mr. Williams was not entitled to additional medical benefits or
temporary disability benefits.

                       Findings of Fact and Conclusions of Law

       At an expedited hearing, Mr. Williams must show he would likely prevail at a
hearing on the merits in proving his claim for medical and temporary disability benefits.
See Tenn. Code Ann. § 50-6-239(d)(l) (2018).

                                     Medical Benefits

       To receive medical benefits, Mr. Williams must show, to a reasonable degree of
medical certainty, that the December 18, 20 17 incident "contributed more than fifty
percent (50%) in causing the ... disablement or need for medical treatment, considering
all causes." Tenn. Code Ann.§ 50-6-102(14).

        Here, only Dr. Jaben offered an opinion regarding the need for further treatment,
and he recommended against further interventions other than ATs and a follow-up visit in
six to twelve months. However, Dr. Jaben specifically determined that neither eyeglasses
nor LASIK surgery would help Mr. Williams. Although Mr. Williams introduced a
prescription for eyeglasses, he offered no medical opinion relating his need for eyeglasses
to the work injury. Thus, the Court holds Mr. Williams failed to demonstrate that he is
likely to prevail at a hearing on the merits concerning entitlement to additional medical
treatment, specifically the requested prescription eyeglasses.

                              Temporary Disability Benefits

        Mr. Williams also requested "compensation."           Generally, the Workers'
Compensation Law limits monetary compensation available to an injured employee to
temporary disability and permanent disability benefits. See Tenn. Code Ann. § 50-6-207.
However, the Court cannot award permanent disability benefits at an Expedited Hearing.
See Tenn. Code Ann. § 50-6-239(d)(l). The two kinds of temporary disability benefits
that the Court might award are temporary total and temporary partial.

       To receive temporary total disability benefits, Mr. Williams must prove (1) he
became disabled from working due to a compensable injury; (2) a causal connection
between the injury and his inability to work; and (3) the duration of his disability. Jones
v. Crencor Leasing and Sales, TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11,
20 15). Concerning temporary partial disability, Mr. Williams is eligible for these


                                            3
benefits if he earned less than his average weekly wage due to work restrictions. See
Tenn. Code Ann. § 50-6-207(2)(A).

        Here, Mr. Williams did not offer evidence that he became disabled due to his work
injury or of the period of time he was unable to work. Likewise, he failed to show he
earned less than his pre-injury wage due to restrictions from the work injury. Thus, the
Court holds Mr. Williams failed to present sufficient information demonstrating he is
likely to prevail at a hearing on the merits on entitlement to temporary disability benefits.

IT IS, THEREFORE, ORDERED as follows :

   1. Mr. Williams's claim against JL Malone for additional medical benefits and
      temporary disability benefits is denied at this time.

   2. This case is set for a Status Conference on November 18, 2019, at 2:30 p.m.
      Eastern Time. The parties must call 865-594-0091 or 855-543-5041 toll-free to
      participate in the Status Conference. Failure to appear by telephone might result
      in a determination of the issues without the party's participation.

       ENTERED August 2, 2019.


                              ~&                                  l~,J
                                   PAMELA B. JOHNSON, JUDGE
                                   Court of Workers' Compensation Claims


                                       APPENDIX

Technical Record:
      1. Petition for Benefit Determination
      2. Documents Created by the Bureau
      3. Documents Submitted by the Employee
      4. Documents Submitted by the Employer
      5. Dispute Certification Notice
      6. Request for Expedited Hearing
      7. Notice of Expedited Hearing
      8. Employee's Notice of Filing Medical Records
      9. Employer's Medical Record Designation
      10.Employer's Response to Expedited Hearing



                                             4
Exhibits:
       1.   Affidavit
       2.   Medical Records of Charlotte Eye, Ear, Nose & Throat Associates
       3.   Medical Records & Expenses by Fort Loudon Medical Center
       4.   Prescription for Eye Glasses by Mark H. Vinson, O.D., Vision Care
       5.   Miscellaneous Medical Expenses
       6.   Dispute Resolution Notice

                             CERTIFICATE OF SERVICE

      I certify that a copy of the Expedited Hearing Order was sent as indicated on
August 2, 20 19.

            Name           Certified   Fax       Email   Service sent to:
                            Mail
Devery Williams,              X                   X      50 Glenwood Road, Apartment 246
Self-Represented                                         Greenville, South Carolina 29615
Employee                                                 williamsdevery@yahoo.com
Sean A. Hunt,                                     X      sean@thehuntfirm.com
Employer's Attorney




                                           &   JJv~ -
                                         PENN~M,                Court Clerk
                                         wc.c:u~J;k~k@tn.gov




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