                                                                                                 FILED
                                                                                              May 29, 2020
                                                                                              10:43 AM(CT)
                                                                                           TENNESSEE COURT OF
                                                                                          WORKERS' COMPENSATION
                                                                                                 CLAIMS




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

    MARIA DIAZ GARCIA,                               ) Docket No. 2019-05-0530
             Employee,                               )
    v.                                               )
                                                     )
    IDEAL CLAMP PRODUCTS, INC.,                      ) State File No. 718-2019
             Employer,                               )
    And                                              )
                                                     )
    LIBERTY MUTUAL INS. CO.                          ) Judge Dale Tipps
             Carrier.                                )


                               EXPEDITED HEARING ORDER
                                   DENYING BENEFITS
                                (DECISION ON THE RECORD)


       This case came before the Court on May 22, 2020, for an Expedited Hearing on the
record. The central legal issue is whether Ms. Garcia is likely to establish at a hearing on
the merits that she is entitled to medical and temporary disability benefits. Because Ms.
Garcia failed to present any medical proof that her condition is work-related, the Court
holds she is not entitled to the requested benefits.

                                          History of Claim

        While working for Ideal in 2018, Ms. Garcia reported pain in both hands and wrists
to her supervisor.1 Ideal provided medical treatment, but neither party submitted evidence
to show whether Ms. Garcia selected any of her providers from a panel of physicians.
Regardless, Ms. Garcia began treatment with an occupational medicine group on December
27.

        The provider with the occupational medicine group assessed bilateral cumulative
1
 Ms. Garcia claimed she reported the injury to her supervisor in July 2018 but did not file a formal report
of injury until December 20, 2018.
                                                    1
repetitive trauma in the wrists and thumbs, prescribed splints and NSAIDs, and assigned
temporary work restrictions. After a few visits, the provider recommended an EMG, and
Ms. Garcia began seeing Dr. Kyle Joyner, who diagnosed carpal tunnel syndrome and
treated her conservatively.

       In response to a letter from the carrier, Dr. Joyner reviewed video of Ms. Garcia’s
job and concluded, “My opinion would therefore be that her job duties are less than 49%
causational with regard to [her] carpal tunnel syndrome.” Ideal later denied the claim.

        Ms. Garcia filed an Expedited Hearing request on November 26, 2020, and the
hearing was set. However, after the hearing was continued twice because of the Covid-19
pandemic, the parties agreed to a decision on the record. In its Docketing Notice, the Court
identified the written materials it intended to consider and allowed the parties until May 19
to file position statements and any objections to the admissibility of those materials.
Neither party filed an objection or additional position statements.2

                          Findings of Fact and Conclusions of Law

        At this hearing, Ms. Garcia must present sufficient evidence demonstrating she is
likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1) (2019).
The Court holds she did not.

       To prove a compensable injury, Ms. Garcia must show that her alleged injuries arose
primarily out of and in the course and scope of her employment. This includes the
requirement that she must show, “to a reasonable degree of medical certainty that [the
incident] contributed more than fifty percent (50%) in causing the . . . disablement or need
for medical treatment, considering all causes.” “Shown to a reasonable degree of medical
certainty” means that, in the opinion of the treating physician, it is more likely than not
considering all causes as opposed to speculation or possibility. See Tenn. Code Ann. § 50-
6-102(14).

       The parties introduced a few medical records into evidence, but the only record
addressing causation is Dr. Joyner’s opinion that Ms. Garcia’s job duties are less than forty-
nine percent responsible for her carpal tunnel syndrome. Without a contrary opinion, Ms.
Garcia appears unlikely to prove to a reasonable degree of medical certainty at trial that
her work contributed more than fifty percent in causing her need for medical treatment.

        Ms. Garcia also seeks temporary disability benefits. As noted above, she has not
yet established she is likely to meet her burden of proving a compensable injury. Therefore,

2
 Ideal filed a Motion to Dismiss on February 27. However, because Ideal took no action to set the motion
for hearing or comply with Tennessee Compilation Rules and Regulations 080-02-21-.18, the Court has not
ruled on the motion.
                                                   2
the Court cannot find at this time that she appears likely to prevail on a claim for temporary
disability benefits at a hearing on the merits.

IT IS, THEREFORE, ORDERED as follows:

   1. Ms. Garcia’s claim against Ideal Clamp Products and its workers’ compensation
      carrier for the requested medical and temporary disability benefits is denied at this
      time.

   2. This case is set for a Status Hearing on July 22, 2020, at 9:00 a.m. Please call toll-
      free at 855-874-0473 to participate. Failure to call or appear might result in a
      determination of the issues without your further participation. All conferences are
      set using Central Time.

       ENTERED May 29, 2020.



                                    _____________________________________
                                    Judge Dale Tipps
                                    Court of Workers’ Compensation Claims


                                        APPENDIX

Exhibits:
      1.    Dr. Joyner’s July 12, 2019 letter
      2.    Dr. Joyner’s WorkLink Physician Report of June 12, 2019
      3.    Dr. Joyner’s July 10, 2019 medical records
      4.    Dr. Joyner’s June 4, 2019 medical records
      5.    Records from Middle Tennessee Occupational and Environmental Medicine
            dated December 27, 2018, January 4, 2019, January 11, 2019, April 3, 2019,
            April 5, 2019, and May 2, 2019
       6.   Return to Work form from Seven Springs Orthopedics dated July 3, 2019
       7.   Photos of production line and components
       8.   Video of production process
       9.   Affidavit of Maria Diaz Garcia

Technical record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. Request for Expedited Hearing
   4. Docketing Notice
                                              3
   5. Motion for Dismissal
   6. Ideal’s Statement in Opposition to Relief Requested
   7. Ideal’s Exhibit List


                           CERTIFICATE OF SERVICE

       I certify that a copy of the Expedited Hearing Order was sent as indicated on May
29, 2020.

          Name             Certified   Email     Service sent to:
                            Mail
  Maria Diaz Garcia,          X          X       147 Old Waldron Rd.
  Employee                                       LaVergne, TN 37086
                                                 marikitas@7418@gmail.com
  Behnaz Sulkowski,                      X       Behnaz.sulkowski@libertymutual.com
  Employer’s Attorney



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




                                             4
                               Tennessee Bureau of Workers’ Compensation
                                      220 French Landing Drive, I-B
                                        Nashville, TN 37243-1002
                                              800-332-2667

                                          AFFIDAVIT OF INDIGENCY

I, ________________________________________, having been duly sworn according to law, make oath that
because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be
waived. The following facts support my poverty.

1. Full Name:                                            2. Address:

3. Telephone Number:                                     4. Date of Birth:

5. Names and Ages of All Dependents:

        ______________________________________ Relationship:

        ______________________________________ Relationship:

        ______________________________________ Relationship:

        ______________________________________ Relationship:

6. I am employed by:

        My employer’s address is:

        My employer’s phone number is:

7. My present monthly household income, after federal income and social security taxes are deducted, is:

$ ___________________

8. I receive or expect to receive money from the following sources:

        AFDC            $ ________ per month             beginning
        SSI             $ ________ per month             beginning
        Retirement      $ ________ per month             beginning
        Disability      $ ________ per month             beginning
        Unemployment $ ________ per month                beginning
        Worker’s Comp.$ ________ per month               beginning
        Other           $ ________ per month             beginning



LB-1108 (REV 11/15)                                                                               RDA 11082
9. My expenses are:

        Rent/House Payment $ ________ per month          Medical/Dental $ ___________ per month

        Groceries       $ ________ per month             Telephone       $            per month
        Electricity     $ ________ per month             School Supplies $            per month
        Water           $ ________ per month             Clothing        $            per month
        Gas             $ ________ per month             Child Care      $            per month
        Transportation $ ________ per month              Child Support   $            per month
        Car             $_________ per month
        Other           $ _______ per month (describe:                                      )


10. Assets:

        Automobile              $                        (FMV)
        Checking/Savings Acct. $
        House                   $                        (FMV)
        Other                   $                        Describe:

11. My debts are:

        Amount Owed                     To Whom




I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete
and that I am financially unable to pay the costs of this appeal.



                                                                         _

APPELLANT



Sworn and subscribed before me, a notary public, this

_______ day of                                    , 20_______.



NOTARY PUBLIC

My Commission Expires:




LB-1108 (REV 11/15)                                                                             RDA 11082
