                                                                                                 FILED
                                                                                              Nov 21, 2019
                                                                                              01:14 PM(CT)
                                                                                           TENNESSEE COURT OF
                                                                                          WORKERS' COMPENSATION
                                                                                                 CLAIMS




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

Dorothy Cannon,                                      )   Docket No. 2018-06-2049
           Employee,                                 )
v.                                                   )
Spring Hill Residential, LLC,                        )   State File No. 5562-2018
             Employer,                               )
And                                                  )
Safety National Casualty Corp.,                      )   Judge Kenneth M. Switzer
             Carrier.                                )


                               EXPEDITED HEARING ORDER


       Dorothy Cannon filed a hearing request seeking medical benefits, specifically
treatment for her neck. 1 Spring Hill Residential asserts that her neck condition is
unrelated to the work accident. After an expedited hearing on November 20, 2019, the
Court denies Ms. Cannon's requested relief.

                                          History of Claim

       Ms. Cannon works as a cook at Spring Hill Residential. On January 16, 2018, she
slipped and fell in the parking lot, hurting her low back.

       Spring Hill Residential accepted the claim. Rather than offering a panel of
physicians, it provided authorized treatment with a walk-in clinic. Later, Ms. Cannon
asked to return to a doctor. She testified that the adjuster did not return her calls, but
eventually Spring Hill offered a panel of orthopedists. Ms. Cannon chose Dr. Robert

1
  The dispute certification notice additionally lists temporary disability benefits as an issue, but Ms.
Cannon offered no proof on this issue at the hearing. Ms. Cannon stated at the hearing that she also seeks
payment of a medical bill, but she likewise provided no proof on that question. The Court considers these
requests waived at this time. Ms. Cannon further asked that the Court order Spring Hill Residential to
offer a panel of surgeons for her low back, but she conceded on cross-examination that it already did so.
The Court considers this request moot. Notably, Spring Hill Residential agreed on the record that if Ms.
Cannon wishes to return to Dr. Snowden, it will authorize it.

                                                    1
Clendenin and saw him in June, complaining of back, hip and leg pain. Dr. Clendenin's
records are silent regarding any problems with Ms. Cannon's neck. In January 2019, he
recommended a surgical evaluation.

      Spring Hill Residential offered a panel of orthopedic surgeons, and Ms. Cannon
chose Dr. Ryan Snowden. Ms. Cannon saw him twice. After her second visit in April,
he wrote:

      At this point, I think she has exhausted all options. She has been dealing
      with this for well over a year and is really only complaining of low back
      pain. She does have significant degenerative changes that can contribute to
      this and I see no evidence of radicular symptoms today and certainly no
      surgery would help. At this point, I have given her [a] significant amount
      of treatment and [she is] really plateauing of relief and the fact that she
      continues to work full duty without functional limitations.

Dr. Snowden placed Ms. Cannon at maximum medical improvement. He assigned a
seven-percent impairment rating to the body as a whole and checked a box indicating that
he does not anticipate the need for future medical treatment. His notes do not mention
her complaining of neck problems.

       Ms. Cannon also saw her primary care physician, Dr. Heather Rowe. The medical
records document visits in April 2018, and February and July of 2019. At the first visit,
she told Dr. Rowe about her work accident and complained of leg pain. On exam of Ms.
Cannon's neck, Dr. Rowe noted nothing unusual. She diagnosed low-back pain, among
other conditions. In February 2019, Dr. Rowe wrote that Ms. Cannon's lumbar spine was
being treated as a workers' comp injury and again noted normal findings while
examining her neck. At the July 2019 visit, Ms. Cannon complained of a "cervical or
thoracic problem," and Dr. Rowe ordered an x-ray of her cervical spine. The radiology
report documented "multilevel degenerative changes of the cervical spine without acute
fracture."

       Afterward, Ms. Cannon saw a neurosurgeon, Dr. Ross Dawkins. His September
2019 notes state that she suffers from "chronic neck and low back pain." He ordered
copies of previous MRI images. After reviewing them, Dr. Dawkins wrote:

      I received an MRI of the lumbar spine from May 2018. This demonstrates
      multilevel degenerative changes without any significant stenosis. I do not
      see any surgical pathology. There is no recent imaging of the lumbar spine
      and there is no imaging of the cervical spine. I've discussed the results
      with the patient over the phone. She states today that her main problem is
      the lower back and not so much the neck. . . . I do not think she needs
      cervical imaging at this time.

                                            2
       On cross-examination, Spring Hill Residential introduced medical records from
2003, 2007 and 2017 in which Ms. Cannon received treatment for her neck. It also
introduced a settlement agreement from a 2005 workers' compensation claim involving a
neck injury. 2

                           Findings of Fact and Conclusions of Law

      Ms. Cannon must show that she is likely to prevail at a hearing on the merits. See
Tenn. Code Ann. § 50-6-239(d)(l) (2019); McCord v. Advantage Human Resourcing,
2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

       Ms. Cannon seeks medical benefits regarding an alleged neck injury. An
employer must provide, free of charge to the employee, medical treatment made
reasonably necessary by accident "as defined in this chapter." Tenn. Code Ann. § 50-6-
204(a)(l )(A). Therefore, the Court looks to the statutory definition of "injury" to
determine whether Ms. Cannon's neck condition falls within it. The Workers'
Compensation Law defines an injury as one that arises "primarily out of and in the course
and scope of employment." Tenn. Code Ann. § 50-6-102(14). Ms. Cannon must
establish this by a "reasonable degree of medical certainty," and it must be by more than
"speculation or possibility." !d.

       Here, no one disputes that Ms. Cannon suffered low-back injuries at work on
January 17, 2018. Spring Hill Residential provided authorized treatment for it, directing
her to the walk-in clinic, and then it offered panels from which she chose orthopedic
specialists. While Ms. Cannon expressed dissatisfaction regarding delays on the
adjuster's behalf as well as with the authorized physicians' care, the Court finds that
Spring Hill Residential's provision of medical benefits for her low back satisfied its
obligation under the law.

       Spring Hill Residential argued that Ms. Cannon's neck condition did not arise
primarily from her employment but rather is a pre-existing condition. Ms. Cannon
argued that her previous treatment occurred long ago and is not related to her condition in
2019. The Court agrees with Ms. Cannon on this point.

       However, the Court carefully reviewed records from the authorized treating
physicians, which at no time mention complaints of a neck injury. Further, Dr. Rowe's
records document that at the first two office visits, the doctor examined her neck and
found nothing unusual. At the third visit in July 2019, Ms. Cannon mentioned neck
2
  Several days before the hearing, Spring Hill Residential filed a motion to dismiss. Counsel clarified at
the outset of the hearing that the motion sought only to dismiss Ms. Cannon's request for expedited
hearing and not the entire case. The Court denied the motion and allowed the parties to present their
evidence at this interlocutory stage.

                                                    3
problems for the first time. Dr. Rowe ordered x-rays; the report of her cervical spine
found degenerative changes and no signs of fracture.

       But perhaps the most compelling medical evidence is Dr. Dawkins's notes, where
he stated that the MRI of her lumbar spine revealed degenerative changes and he saw no
surgical pathology. He did not recommend cervical imaging and wrote: "She states
today that her main problem is the lower back and not so much the neck."

        In sum, the only proof the Court has that Ms. Cannon's neck condition is related to
her fall at work is her own testimony. Her testimony, while sincere, is insufficient to
succeed at a hearing on the merits in proving a work-related neck injury, due to the
absence of a medical opinion stating that causal link. Therefore, Ms. Cannon has not
satisfied her burden.

IT IS ORDERED as follows:

   1. Ms. Cannon's request for medical benefits is denied at this time.

   2. This case is set for a scheduling hearing on January 28, 2020, at 10:15 a.m.
      Central. You must call 615-532-9552 or toll-free at 866-943-0025 to participate.
      Failure to call might result in a determination of the issues without your
      participation.

       ENTERED November 21, 2019.




                                   Court of Workers' Compensatio




                                             4
                                   APPENDIX

Exhibits:
   1. Affidavit of Dorothy Cannon
   2. First Report of Injury
   3. Choice of Physician form
   4. Wage statement
   5. Employer's submission of medical records
   6. Final Medical Report, Dr. Snowden
   7. X-ray, cervical spine
   8. Dr. Dawkins; Dr. Rowe, July 22, 2019
   9. Dr. Milek, September 22, 2003
   10. Dr. Morris, April 12, 2007
   11. Workers' Compensation Mediated Settlement Agreement, December 19, 2005
   12. Dr. McGehee, February 21, 2017
   13.Dr. Mosley, January 27,2019
   14. Dr. Rowe, April 27, 2018
   15. TOA Information Sheet, June 8, 2018
   16. Dr. Clendenin, June 8, 2018
   17. TOA Follow Up Visit, July 12, 2018
   18.Dr. Clendenin, July 12,2018
   19. Ashley Hall, ANP, December 6, 20 18
   20. TOA Follow Up Visit, January 31, 2019
   2l.Dr. Clendenin, January 31,2019
   22.Dr. Rowe, February 4, 2019

Technical record:
   1. Petition for Benefit Determination, November 14, 2018, and Dispute Resolution
      Statement
   2. Petition for Benefit Determination, June 4, 2019
   3. Dispute Certification Notice
   4. Show Cause Order
   5. Request for Expedited Hearing
   6. Order on Show Cause Hearing
   7. Motion to Dismiss




                                         5
                            CERTIFICATE OF SERVICE

      I certify that a copy of the Expedited Hearing Order was sent as indicated on
 November 21, 2019.

Name                  Certified   Regular   Email   Sent to
                      Mail        mail
Dorothy Cannon,          X                      X   371 gtn Ave. N.
self-represented                                    Franklin TN 37064
employee                                            dotcannon@vmail.com
Kitty Boyte,                                    X   kbo)1e@constangy.com
employer's attorney                                 dmccorkle@constangy .com




                                        Penny Shrum, Cl k of Court
                                        Court of Workers' Compensation Claims
                                        WC.CourtClerk@tn.gov




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