                                                                                FILED
                                                                              Jul 17, 2019
                                                                             10:40 AM(CT)
                                                                           TENNESSEE COURT OF
                                                                          WORKERS' COMPENSATION
                                                                                 CLAIMS




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

TIMOTHY HOSS,                              )   Docket Number: 2018-02-0051
         Employee,                         )
v.                                         )
ASRMETALS,                                 )   State File Number: 87088-2014
         Employer,                         )
and                                        )
TECHNOLOGY INSURANCE                       )   Judge Brian K. Addington
COMPANY,                                   )
         Carrier.                          )


                          EXPEDITED HEARING ORDER


      This case came before the Court on July 15, 2019, on Mr. Hoss's request for
medical benefits, mileage reimbursement and attorney's fees. For the following reasons,
the Court holds Mr. Hoss is entitled the requested medical benefits and mileage.

                                    Claim History

       On October 29, 2014, Mr. Hoss was involved in a motor vehicle accident while
working for ASR. He injured his back, left shoulder and right knee. Mr. Hoss sought
treatment from Dr. Morgan Lorio among others. On November 20, 2018, Dr. Lorio saw
Mr. Hoss for an office visit and an x-ray of his shoulder. He received a bill of $437.00
for the visit and x-ray. ASR stipulated at the hearing that the treatment Mr. Hoss
received on November 20 was authorized and should be paid.

      ASR further agreed that it previously paid for 756 miles of Mr. Boss's 2,712-mile
mileage request. The parties stipulated that Mr. Hoss should be compensated for the
remaining miles at a rate of forty-seven cents per mile or $919.32.




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                       Findings of Fact and Conclusions of Law

       At an Expedited Hearing, Mr. Ross must present sufficient evidence to prove he is
likely to succeed at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(l)
(2018).

        Turning first to the mileage reimbursement, an injured worker is eligible for this
when he is required to travel more than fifteen miles from his home or workplace for
authorized medical treatment. See Tenn. Code Ann. § 50-6-204(6)(A). ASR conceded
that it paid Mr. Ross for only 756 miles of the total requested amount. Based on the
parties' stipulation, Mr. Ross is entitled to reimbursement for the remaining 1,956 miles.

      Next, concerning medical benefits, Tennessee Code Annotated section 50-6-
204(a)(1)(A) provides that the employer shall furnish medical treatment free of charge as
ordered by the attending physician. ASR recognized Dr. Lorio as the authorized treating
physician and did not dispute the reasonableness of the November 20 bill. Therefore, the
Court holds Mr. Ross is likely to prevail at a hearing on the merits for payment of his
$437.00 bill.

       Finally, as to attorney's fees, the parties agreed to stay a determination on this
issue until the Compensation Hearing because the case is at an interlocutory stage and
unusual circumstances do not exist.

IT IS THEREFORE, ORDERED AS FOLLOWS:

   1. ASR shall reimburse Mr. Ross for mileage at the rate of $.47 per mile for 1,956
      miles or $919.32.

   2. ASR shall pay Dr. Lorio's $437.00 medical bill directly to the provider.

   3. The Court reminds the parties that this case is set for a Compensation Hearing on
      November 7, 2019, at 10:00 a.m. Eastern Time in the Gray, Tennessee
      Courtroom of the Court of Workers' Compensation Claims at 5788 Bobby Hicks
      Highway, Gray, TN 37615.

   4. Unless an interlocutory appeal of this Expedited Hearing Order is filed,
      compliance with this Order must occur no later than seven business days from the
      date of entry as required by Tennessee Code Annotated section 50-6-239(d)(3).
      The Insurer or Self-Insured Employer must submit confirmation of compliance
      with this Order to the Bureau by email to WCCompli ance.Program,t_,tn.gov no
      later than the seventh business day after entry of this Order. Failure to submit the
      necessary confirmation within the period of compliance may result in a penalty
      assessment for non-compliance. For questions regarding compliance, please

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      contact the Workers' Compensation              Compliance     Unit    v1a      email   at
      WCCompliance.Program@,tn.gov.

      ENTERED July 17,2019.



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

                                      APPENDIX
Exhibits:
   1. Mr. Hoss's affidavit
   2. Dr. Lorio's bill

Technical Record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. Motion for Contempt
   4. Employer's Response to Motion
   5. Order Denying Motion for Contempt
   6. Motion for Expedited Hearing
   7. Amended Motion for Expedited Hearing
   8. Request for Expedited Hearing

                              CERTIFICATE OF SERVICE

       I certify that a copy of the Expedited Hearing Order was sent as indicated on July
17, 2019.

         Name                Certified Fax   Email                Service sent to:
                              Mail
Frank Slaughter, Jr.,                            X    flsjrlaw@yahoo.com
Employee's Attorney
Brent Morris,                                    X    bmorris@wimberlylawson.com
Employer's Attorney                                   rfiorello@}wimberlylawson.com


                                                            ~~ -
                                         PEN              M, COURT CLERK
                                         \vc.courtclc&,rp,tn.gov


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