                                                                                            FILED
                                                                                         Jun 16, 2020
                                                                                         09:42 AM(CT)
                                                                                      TENNESSEE COURT OF
                                                                                     WORKERS' COMPENSATION
                                                                                            CLAIMS




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

    Talisha Bloodsaw,                            )   Docket No. 2019-01-0653
                 Employee,                       )
    v.                                           )
    Alexian Brothers Community                   )
    Services d/b/a Alexian Brothers              )   State File No. 5799-2019
    PACE,                                        )
                 Employer,                       )
    And                                          )
    Ascension Health,                            )   Judge Audrey A. Headrick
                 Self-Insured Parent Co.         )


                             EXPEDITED HEARING ORDER


       Talisha Bloodsaw allegedly injured her chest wall while assisting a patient. She
then sought emergent care for her injuries, which Alexian Brothers refused to pay.
Following an Expedited Hearing, the Court holds she is not entitled to the requested
benefit.

                                        History of Claim

       Ms. Bloodsaw, a PACE driver, allegedly injured her chest wall on July 18, 2019,
when she prevented a patient from falling and assisted him into a seated walker with the
help of the patient’s daughter, Debra Wooten.1

       The parties’ testimony differs regarding the alleged incident. Ms. Bloodsaw said
she injured herself during the incident; however, Ms. Wooten testified by affidavit that Ms.
Bloodsaw refused to assist her and did not touch her father.



1
 As a PACE driver, Ms. Bloodsaw’s job duties required her to pick up patients and transport them to a
geriatric daycare.
       Likewise, the testimony differs regarding the events that occurred after Ms.
Bloodsaw left the patient’s house and returned with a wheelchair. Terry Black, her
supervisor, testified that he accompanied her to the patient’s house, where they found him
on the floor. Ms. Bloodsaw stated she lifted the patient using his pants and gait belt to
guide him into the wheelchair. Conversely, Mr. Black and Ms. Wooten testified that Ms.
Bloodsaw did not touch the patient or assist them in any way when they lifted and placed
him into the wheelchair.

       The next day, Ms. Bloodsaw became ill after eating breakfast out with her co-
workers. Upon arriving at PACE, Mr. Black took Ms. Bloodsaw to the onsite clinic, where
she refused testing. Mr. Black told her to go to the hospital if her condition worsened.

        Ms. Bloodsaw immediately left work and sought emergency treatment later that day.
The emergency room record, which she disputed, noted that she reported her symptoms
started at 10:00 a.m. “while on [a] bus.” The provider diagnosed nonspecific chest pain.
Ms. Bloodsaw testified that she told the discharge person that she injured herself while
lifting a patient, but the records do not document that conversation.

       The testimony also differed about when Ms. Bloodsaw reported the alleged work
injury and emergency treatment to Mr. Black. Ms. Bloodsaw testified she left voice
messages on Mr. Black’s work and cell phones over the weekend to tell him that she went
to the hospital. She also stated she reported her injury to Mr. Black on July 22, but her
affidavit says she provided notice on July 23. Mr. Black stated that Ms. Bloodsaw reported
a work injury on July 22.

       After Ms. Bloodsaw reported the injury, PACE provided a panel of physicians. Ms.
Bloodsaw told the authorized physician she was “lifting a patient on 7/18/19 at about 10:00
a.m. and . . . the patient fell and took [her] down.”

       After investigating, PACE denied Ms. Bloodsaw’s claim asserting that the alleged
incident on July 18 did not occur.

                       Findings of Fact and Conclusions of Law
                                   Standard Applied

       Ms. Bloodsaw 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 satisfy this burden.
                                          Analysis

        To prove a compensable injury, Ms. Bloodsaw must show that her alleged injury
arose primarily out of and in the course and scope of her employment. To do so, she must
show that the injury was caused by a specific work-related incident, or set of incidents,
identifiable by time and place of occurrence. Tenn. Code Ann. § 50-6-102(14)(A).

       The preliminary question the Court must address is whether Ms. Bloodsaw
presented sufficient evidence to establish the occurrence of a specific incident on July 18,
2019. See Burleson v. Germantown Partners Supercuts, 2017 TN Wrk. Comp. App. Bd.
LEXIS 49, at *9-10 (Aug. 15, 2017). The Court holds she did not.

       The conflicting testimony from Ms. Bloodsaw, Mr. Black, and Ms. Wooten suggests
that a work-related incident did not occur on July 18. Ms. Bloodsaw testified that she
prevented a patient from falling and assisted him onto a seated walker with the assistance
of Ms. Wooten. She also testified she later lifted the patient into a wheelchair by grabbing
his pants and gait belt. Conversely, Mr. Black and Ms. Wooten testified that Ms. Bloodsaw
did not touch the patient or assist them in any way on July 18. Likewise, the July 19
emergency records immediately following the alleged incident do not mention a work
injury. Instead, the records reflect a diagnosis of non-specific chest pain. The records from
the authorized physician provide a differing history regarding a patient who fell and “took
[Ms. Bloodsaw] down.” Given the conflicting testimony and evidence, the Court finds no
corroboration of Ms. Bloodsaw’s testimony concerning the alleged work-related incident.

       Accordingly, the Court holds Ms. Bloodsaw failed to demonstrate that she is likely
to prevail at a hearing on the merits that she is entitled to payment for her emergent care.

IT IS, THEREFORE, ORDERED as follows:

   1. The Court denies Ms. Bloodsaw’s requested relief.

   2. This case is set for a Status Hearing on Friday, August 14, 2020, at 2:00 p.m.
      Eastern Time. The parties must call (423) 634-0164 or toll-free at (855) 383-0001
      to participate. Failure to call might result in a determination of the issues without
      the party’s participation.

ENTERED June 16, 2020.



                                          ______________________________________
                                          JUDGE AUDREY A. HEADRICK
                                          Court of Workers’ Compensation Claims
                                     APPENDIX

Exhibits:
   1. Affidavit of Talisha Bloodsaw
   2. Affidavit of Terry Black
   3. Affidavit of Debra Wooten
   4. Memorial Hospital records
   5. Workforce Corporation Health records
   6. Affidavit of Stephanie Parker
   7. Workforce Corporate Health August 27, 2019 record
   8. Memorial Hospital bill (Identification Only)

Technical record:
   1. Petition for Benefit Determination
   2. Notice of Appearance
   3. Dispute Certification Notice
   4. Request for Expedited Hearing
   5. Notice of No Objection
   6. Order Setting Claim for Expedited Hearing
   7. Notice of Efforts to Schedule Expedited Hearing
   8. Motion to Reconsider
   9. Amended Order Setting Claim for Expedited Hearing
   10. Notice of Expedited Hearing
   11. Employer’s Statement
   12. Employer’s and Insurance Carrier’s Witness and Exhibit List
   13. Notice
                          CERTIFICATE OF SERVICE

    I certify that a copy of this Order was sent as indicated on June 16, 2020.

        Name             Certified    Email    Service sent to:
                          Mail
Talisha Bloodsaw,           X           X      4108 Gayle Drive
Employee                                       Chattanooga, TN 37411
                                               talishabloodsaw@gmail.com
Lee Anne Murray,                        X      leeamurray@feeneymurray.com
Employer’s Attorney




                                       ______________________________________
                                       PENNY SHRUM, COURT CLERK
                                       wc.courtclerk@tn.gov
