                                                                                  FILED
                                                                                Feb 24, 2020
                                                                                09:35 AM(CT)
                                                                             TENNESSEE COURT OF
                                                                            WORKERS' COMPENSATION
                                                                                   CLAIMS




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

CLIFTON HOLLAND,                          ) Docket No. 2019-05-0575
         Employee,                        )
v.                                        )
                                          )
GOODMAN GLOBAL, INC,                      ) State File No. 22705-2019
INC.,                                     )
       Employer,                          )
And                                       )
                                          )
INS. CO. OF NORTH AM.                     ) Judge Dale Tipps
           Carrier.                       )



    EXPEDITED HEARING ORDER GRANTING REQUESTED BENEFITS


       This case came before the Court on February 20, 2020, for Mr. Holland’s second
Expedited Hearing. The sole issue was whether Mr. Holland is entitled to temporary
disability benefits. For the reasons below, the Court holds he is likely to prove
entitlement to the requested benefits.

                                    History of Claim

        In its previous Expedited Hearing Order, the Court found that Mr. Holland is
likely to prevail at a hearing on the merits that he sustained a compensable knee injury on
January 15, 2019, and that he gave adequate legal notice of that injury. It ordered
Goodman to provide continuing medical treatment with Dr. Stanton Davis. However, the
Court denied Mr. Holland’s request for temporary disability benefits for the following
reasons:

    Temporary total disability (TTD) benefits were not proper because the
     Court lacked evidence that any of Mr. Holland’s physicians took him
     completely off work.


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     Temporary partial disability (TPD) benefits could not be awarded because,
      even though Dr. Davis assigned a number of restrictions on April 24, the
      parties submitted no evidence regarding Mr. Holland’s employment status
      or whether Goodman offered him work within those restrictions.

        At the second hearing, the parties confirmed that Goodman complied with the
previous order and authorized Mr. Holland’s knee surgery, which Dr. Davis performed on
November 15, 2019. Goodman also began paying TTD benefits at that time.
Consequently, the parties agreed the benefits currently at issue are temporary disability
benefits for the period before the surgery.1

        Mr. Holland submitted a new affidavit and testified at the second hearing.
Goodman offered no additional evidence.2 Mr. Holland said that, after Dr. Davis
assigned restrictions, Goodman allowed him to work restricted duty until June 25. At
that time, he was given an email from Goodman’s Attendance Coordinator that sent him
home and informed him that he could not return to work until he was released to full duty
without restrictions. He left work that day and did not work for any other employer.

       Mr. Holland requested temporary disability benefits for the period of time
Goodman failed to accommodate his restrictions. Goodman contended that Mr. Holland
is not entitled to additional temporary disability benefits. It argued that the Court
previously held “there is no medical proof holding him off work,” and Mr. Holland failed
to present any additional evidence on this issue.

                               Findings of Fact and Conclusions of Law

      Mr. Holland must provide sufficient evidence from which this Court might
determine he is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-
239(d)(1) (2019); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App.
Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

                                     Temporary Total Disability

       To receive TTD benefits, Mr. Holland must establish that (1) he became disabled
from working due to a compensable injury; (2) a causal connection between his injury
and his inability to work; and (3) his period of disability. Jones v. Crencor Leasing and
Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015). Mr. Holland
presented no additional medical proof indicating that his physicians took him completely
off work. Without evidence that he was “disabled from working,” Mr. Holland has not

1
 The parties previously stipulated to a weekly compensation rate of $501.43.
2
 The Court advised that parties that it intended to rely on previously-admitted exhibits as evidence in this
hearing rather than requiring them to reintroduce the same exhibits. Neither party objected.
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proven he is likely to succeed on a claim for temporary total disability benefits.

                               Temporary Partial Disability

       Temporary partial disability benefits are available when the temporary disability is
not total. Specifically, TPD “refers to the time, if any, during which the injured
employee is able to resume some gainful employment but has not reached maximum
recovery.” Id. An employee may receive TPD benefits when the treating physician has
him to return to work with restrictions but the employer either (1) cannot return the
employee to work within those restrictions or (2) cannot provide restricted work that pays
the employee’s average weekly wage on the date of injury. Id. at *8. Those benefits are
“sixty-six and two-thirds percent (66 2/3%) of the difference between the average weekly
wage of the worker at the time of the injury and the wage the worker is able to earn in the
worker’s partially disabled condition.” Tenn. Code Ann. § 50-6-207(2)(B).

        Contrary to Goodman’s assertions, Mr. Holland’s TPD claim did not fail at the
first hearing because of a lack of medical proof. As noted above, the Court specifically
stated in its previous order that Dr. Davis assigned a number of restrictions (no squatting,
twisting, or climbing) when he saw Mr. Holland on April 24. Instead, the Court denied
the TPD request because it had no evidence regarding Mr. Holland’s employment status
and whether Goodman offered him work within his restrictions. He has now remedied
that deficiency.

       Mr. Holland’s affidavit and testimony establish that Goodman terminated his
light-duty work on June 25 and told him not to return “until he is released to full duty
without restrictions.” Based on this unrebutted evidence, the Court finds that Goodman
either could not or would not return him to work within his restrictions between June 26
and November 15. Mr. Holland appears likely, therefore, to succeed on his claim for
TPD benefits for that time period.

IT IS, THEREFORE, ORDERED as follows:

   1. Goodman shall pay Mr. Holland temporary partial disability benefits for the period
      June 26, 2019, to November 15, 2019, at the stipulated compensation rate of
      $501.43 per week or $10,243.50.

   2. This case is set for a Scheduling Hearing on May 7, 2020, at 9:00 a.m. You must
      call toll-free at 855-874-0473 to participate. Failure to call might result in a
      determination of the issues without your further participation. All conferences are
      set using Central Time.

   3. Unless an interlocutory appeal of the Expedited Hearing Order is filed, compliance
      with this Order must occur no later than seven business days from the date of entry

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      of this Order as required by Tennessee Code Annotated section 50-6-239(d)(3).
      The Employer must submit confirmation of compliance with this Order to the
      Bureau by email to WCCompliance.Program@tn.gov no later than the seventh
      business day after entry of this Order. Failure to submit confirmation within seven
      business days may result in a penalty assessment for non-compliance. For
      questions regarding compliance, contact the Workers’ Compensation Compliance
      Unit via email at WCCompliance.Program@tn.gov.

      ENTERED February 24, 2020.



                                 _____________________________________
                                 Judge Dale Tipps
                                 Court of Workers’ Compensation Claims

                                     APPENDIX

Exhibits
   1. November 11, 2019 Affidavit of Clifton Holland
   2. June 25, 2019 Email from Tracy Legacy

Exhibits from prior hearing:
   1. Affidavit of Clifton Holland
   2. Records from The Orthopedic Center
   3. Records from NP Conan Carter
   4. Goodman medical report forms
   5. MRI report of April 4, 2019
   6. Written witness statements (Identification Only)
   7. Notice of Denial of Claim
   8. Wage Statement
   9. Employee’s Report of Incident
   10. Choice of Physician Form

Technical record:
   1. Petition for Benefit Determination
   2. Dispute Certification Notice
   3. September 11, 2019 Expedited Hearing Order
   4. November 20, 2019 Request for Expedited Hearing
   5. October 17, 2019 Expedited Hearing Order




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                          CERTIFICATE OF SERVICE

      I certify that a copy of the Expedited Hearing Order was sent as indicated on
February 24, 2020.

  Name                  Certified     Via       Service Sent To
                        Mail          Email
  Clifton Holland            X           X      98 Slatton Rd.
                                                Flintville, TN 37335
                                                Cholland8638@live.com
  Peter Rosen,                           X      prosen@vkbarlaw.com
  Employer’s Attorney



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




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