                                                                                              FILED
                                                                                            Aug 09, 2019
                                                                                            10:40 AM(CT)
                                                                                          TENNESSEE COURT OF
                                                                                         WORKERS' COMPENSATION
                                                                                                CLAIMS




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

Camesha Hill,                                            )   Docket No.: 2018-01-0675
           Employee,                                     )
v.                                                       )
Allegis Group,                                           )   State File No.: 8566-2018
            Employer,                                    )
And                                                      )
Agri General Insurance Co.,                              )   Judge Audrey Headrick
             Carrier.                                    )


                                   EXPEDITED HEARING ORDER


       The Court conducted an Expedited Hearing on August 6, 2019. The issue is
whether Ms. Hill is likely to establish at trial that she is entitled to a panel of shoulder
orthopedists after a direct referral doctor declined to see her. Allegis Group disputes her
entitlement to a panel, asserting that the provision of a panel is optional after an employer
provides an initial panel. For the reasons below, Ms. Hill is not entitled to another panel.

                                              History of Claim

       An automobile trunk lid hit Ms. Hill on the head while she was working for
Allegis Group, a temporary agency, at Volkswagen on January 24, 2018. She initially
received emergency care and later selected Dr. Natasha Ballard from a panel. After
conservative treatment of Ms. Hill's cervical spine was unsuccessful, Dr. Ballard referred
her to Dr. Timothy Strait, a neurosurgeon.

       Instead of seeing Dr. Strait, the parties agreed that Dr. Ballard made a direct
referral for Ms. Hill to see Dr. Joseph Miller, a neurosurgeon. 1 Dr. Miller diagnosed a
cervical disc protrusion and provided conservative treatment. He determined Ms. Hill
was not a surgical candidate "at [that] time," and he placed her at maximum medical

1
    The medical records submitted do not reflect a direct referral to Dr. Miller.


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improvement from a neurosurgical standpoint. Dr. Miller also referred Ms. Hill to Dr. J.
Dorizas, one of his partners, for Ms. Hill's right shoulder.

       Allegis Group attempted to schedule Ms. Hill with Dr. Dorizas, but his office
provided a handwritten response indicating that Dr. Dorizas "doesn't see w/c." However,
that response also stated that Dr. Brandon Cincere, a partner of Dr. Miller and Dr.
Dorizas, did accept workers' compensation patients. The doctor's office sent the
necessary form for Allegis Group to schedule an appointment with Dr. Cincere, should he
agree to accept her as a patient.

       Dr. Cincere accepted Ms. Hill as a patient and treated her from November 2018
through April 2019. At the first visit, Dr. Cincere questioned whether the impact to Ms.
Hill's head caused her shoulder condition. By March, Dr. Cincere provided an opinion
that, despite assigning several shoulder diagnoses, only her right suprascapular
neuropathy "may be related" to the January 24, 2018 injury.

       Ms. Hill argued she is entitled to a panel because Allegis Group failed to provide
her with one after Dr. Dorizas declined to see her. She contended that Allegis Group
permitted the nurse case manager to merely send her to Dr. Cincere. Conversely, Allegis
Group argued Dr. Miller and Dr. Dorizas's office referred Ms. Hill to Dr. Cincere, a
doctor in the same practice group. Therefore, Allegis Group maintained it complied with
the law when it provided her the initial panel from which she selected Dr. Ballard, and
the law does not require it to provide Ms. Hill with another panel.

                       Findings of Fact and Conclusions of Law

                                    Standard Applied

        At an expedited hearing, Ms. Hill must present sufficient evidence to prove she is
likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239( d)(l)
(20 18). The Court holds she did not.

                                    Medical Benefits

       The sole issue is Ms. Hill's request for a panel.            Under the Workers'
Compensation Law, the employer is required to "furnish, free of charge to the employee,
such medical and surgical treatment . . . made reasonably necessary by accident[.]"
Tenn. Code Ann. § 50-6-204(a)(1)(A). When the treating physician refers the employee
to a specialist physician, the employer must provide a panel of specialists within three
business days unless it accepts the referral. In cases where an employer provided a panel
of specialists, the selected panel physician "shall become the treating physician until
treatment by the specialist physician ... concludes and the employee has been referred
back to the treating physician selected by the employee from the initial panel provided by

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the employer under subdivision (a)(3)(A)." Tenn. Code Ann. § 50-6-204(a)(3)(A) and
(E).

       Here, Allegis Group provided Ms. Hill with a panel, and she selected Dr. Ballard.
The parties agree that Dr. Ballard referred Ms. Hill to Dr. Miller, who referred her to his
partner, Dr. Dorizas, for her shoulder. The Court is not persuaded by Ms. Hill's
argument that the nurse case manager referred her to Dr. Cincere. Instead, Dr. Miller and
Dr. Dorizas's office notified Allegis Group in writing that Dr. Dorizas did not accept
workers' compensation patients, but their partner, Dr. Cincere, did. Tennessee Code
Annotated section 50-6-204(a)(3)(A) permits Allegis Group to either provide a panel of
specialists within three business days of the referral or accept the referrals. All egis Group
accepted the referrals, and Ms. Hill treated with Dr. Cincere for five months until he
provided an equivocal causation opinion regarding her shoulder. The law does not
require Allegis Group to provide Ms. Hill with another panel. Rhodes v. Amazon.com,
LLC, 2019 TN Wrk. Comp. App. Bd. LEXIS 24, at *22 (June 11, 20 19). Therefore, the
Court holds Ms. Hill is unlikely to prevail at a hearing. on the merits regarding her request
for another panel.

IT IS, THEREFORE, ORDERED as follows:

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

   2. This case is set for a Status Hearing on Wednesday, October 16, 2019, at 10:00
      a.m. Eastern Time. You must call423-634-0164 or toll-free at 855-383-0001 to
      participate. Failure to call might result in a determination of the issues without
      your participation.

ENTERED August 9, 2019.




                                    Judge Audrey A.
                                    Court of Workers




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                                    APPENDIX

Exhibits:
   1. Affidavit of Camesha Hill
   2. Medical records with Table of Content:
          a. Dr. Natasha Ballard
          b. Dr. Joseph Miller
          c. Dr. Paul Hoffmann
          d. Dr. Brandon Cincere
   3. Medical record of Erlanger Orthopaedics
   4. Temporary Total Disability Payment Records
   5. Panel


Technical record:
   1. Petition for Benefit Determination
   2. Request for Expedited Hearing
   3. Dispute Certification Notice
   4. Notice of Deposition
   5. Notice of Expedited Hearing
   6. Amended Notice of Deposition
   7. Employer and Carrier's Witness and Exhibit List
   8. Notice of Filing Medical Records with Table of Contents
   9. Employee's Witness and Exhibit List
   10. Notice of Filing of Records on Temporary Total Disability Payments to Employee




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                            CERTIFICATE OF SERVICE

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

            Name               Certified         Email   Service sent to:
                                Mail

Charles G. Wright, Jr.,                           X      wrightandwoodard@gmail.com
Employee Attorney
David J. Deming,                                  X      ddeming@manierherod.com
Employer's Attorney                               X      tjoiner@manierherod.com




                                           Pen y Shrum lerk of Court
                                           Court of Wo .rs' Compensation Claims
                                           WC.CourtClerk@tn.gov




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