                                                                                              FILED
                                                                                            Aug 23, 2019
                                                                                           07:15 AM(CT)
                                                                                        TENNESSEE COURT OF
                                                                                       WORKERS' COMPENSATION
                                                                                              CLAIMS




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

BRADLEY OLSON,                                      )
        Employee,                                   )   Docket No. 2018-06-1359
                                                    )
v.                                                  )
                                                    )
ROCK SOLID SECURITY, INC.,                          )   State File No. 60326-2018
          Employer,                                 )
                                                    )
HARTFORD UNDERWRITERS                               )
INSURANCE COMPANY,                                  )   Judge Joshua Davis Baker
          Carrier.                                  )



                              EXPEDITED HEARING ORDER


       The Court convened an expedited hearing on August 22, 2019, to consider
whether Rock Solid Security must pay for emergency medical treatment Mr. Olson
received following a work-related accident. For the reasons below, the Court holds that
Rock Solid must pay for the emergency care.1

                                           Claim History

        Mr. Olson worked as a security guard for Rock Solid. On August 31, 2017, while
providing security during a music festival, a severe thunderstorm blew over a chain link
fence that struck Mr. Olson on his head and back. Mr. Olson testified he called the
emergency line for Rock Solid and spoke with a “Ms. Bauman” who instructed him to go
to the nearest hospital. She also told him to deliver the bill to Rock Solid for payment.




1
 Mr. Olson also requested temporary disability benefits in his expedited hearing request. He voluntarily
withdrew that request at the hearing.
Mr. Olson took an Uber to the emergency room and underwent several tests, all of which
came back negative. The hospital charged him $3,788.50 for his treatment.

      According to Mr. Olson, the only witness to testify at trial, he twice took the bill
from the emergency room to Rock Solid. Despite delivering the bill, it remains unpaid
and has been sent to collections.

                          Findings of Fact and Conclusions of Law

      Mr. Olson seeks payment of his emergency room bill. To recover, he must
provide evidence to show he would likely prevail in proving Rock Solid’s obligation to
pay the bill at a hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(1) (2018).
The Court holds Rock Solid must pay the bill.

          Under the Workers’ Compensation Law, an “injury” means “an injury by accident
. . . arising primarily out of and in the course and scope of employment, that causes death,
disablement, or the need for medical treatment of the employee[.]” The injury must be
caused “by a specific incident, or set of incidents, arising primarily out of and in the
course and scope of employment.” See Tenn. Code Ann. §50-6-102(14). The employer
“shall furnish, free of charge to the employee, such medical and surgical treatment . . .
made reasonably necessary by accident as defined in this chapter.” Id. at § 50-6-
204(a)(1)(A).

       By his testimony, Mr. Olson suffered an injury when the fence fell on him. When
Mr. Olson reported the injury, Rock Solid instructed him to go to the nearest emergency
room for treatment and told him to submit the emergency room bill for payment. He
went to the emergency room and delivered the bill to Rock Solid, who failed to pay it.
While Rock Solid questions Mr. Olson’s truthfulness, it provided no proof to rebut his
testimony, and the Court found his testimony credible.2 Based on this proof, Mr. Olson
appears likely to prevail at a hearing on the merits, and the Court holds that Rock Solid
must pay his emergency room bill.

    It is ORDERED as follows:

    1. Rock Solid shall pay the emergency room bill for Mr. Olson’s treatment following
       the workplace accident.

    2. This matter is set for a scheduling hearing on Monday, October 14, 2019, at 9:30
       a.m. (CDT). The parties must call 615-741-2113 to participate in the Hearing.


2
 While Rock Solid asked Mr. Olson many questions concerning his work history and other incidents after
his accident, the Court finds the testimony elicited irrelevant to the issues at this expedited hearing.
                                                   2
     Failure to call might result in a determination of issues without the party’s
     participation.

  3. Unless 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
     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 the necessary
     confirmation within the period of compliance may result in a penalty assessment
     for non-compliance. For questions regarding compliance, please contact the
     Workers’        Compensation         Penalty      Unit      by       email       at
     WCCompliance.Program@tn.gov.

ENTERED AUGUST 23, 2019.



                                       _____________________________________
                                       Joshua Davis Baker, Judge
                                       Court of Workers’ Compensation Claims




                                          3
                                       APPENDIX

 Exhibits:
    1. Medical Records
    2. Mr. Olson’s Affidavit


 Technical Record:
    1. Petition for Benefit Determination
    2. Dispute Certification Notice
    3. Request for Expedited Hearing




                            CERTIFICATE OF SERVICE

       I certify that a copy of this Order was sent as indicated on August 23, 2019.

Name                   Certified Via        Via      Email Address
                       Mail      Fax        Email
Bradley Olson,                              X        swamiester@gmail.com
Employee
Courtney Smith,                             X        csmith@spicerfirm.com
Employer’s Attorney



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




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