       Mr. Justus's wife and sister-in-law also testified at the hearing. They confirmed
that Mr. Justus was very active with no indication of back or leg pain before the
November 20 accident. However, he became severely limited by pain immediately after
the accident.

                           Findings of Fact and Conclusions of Law

        Mr. Justus must present evidence from which this Court can determine that he is
likely to prove at trial that his back condition arose primarily out of and in the course and
scope of his employment. See McCord v. Advantage Human Resourcing, 2015 TN Wrk.
Comp. App. Bd. LEXIS 6, at *9 (Mar. 27, 2015).

       To do that, he must establish to a reasonable degree of medical certainty that his
work accident contributed more than fifty percent in causing the need for medical
treatment, considering all causes. Reasonable degree of medical certainty means "it is
more likely than not considering all causes, as opposed to speculation or uncertainty."
See Tenn. Code Ann. § 50-6-102(14). Given that the standard requires "medical
certainty," causation must be established through expert medical opinion. !d. Mr. Justus
provided no medical evidence as to causation, so he has not established that he is likely to
prevail at trial on that issue.

       At best, Mr. Justus may have established that Charles Blalock was obligated to
provide him with a panel of physicians to treat his low back complaints under Tennessee
Code Annotated 50-6-204(1)(A). However, given that he has undergone surgery and is
approaching maximum medical improvement, that proverbial ship has sailed. Thus, Mr.
Justus's request for reimbursement of medical expenses and past temporary disability
benefits as well as future medical care for his low-back injury is denied at this time.

       IT IS, THEREFORE, ORDERED that:

   1. Mr. Justus's claim against Charles Blalock & Sons, Inc. and its workers'
       compensation carrier for the requested benefits is denied at this time.

   2. This matter is set for a Scheduling Hearing on September 30, at 11 :00 a.m. Eastern
      Time. The parties must call615-253-0010 or 855-689-9049 toll-free to participate
      in the Scheduling Hearing. Failure to appear by telephone may result in a
      determination of the issues without the party's participation.

      ENTERED on August        4 ,2020.

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