     FILED
   Aug 09, 2019
   02:41 PM(CT)
 TENNESSEE COURT OF
WORKERS' COMPENSATION
       CLAIMS
       Even so, Dr. Niner's responses indicate that Ms. Nigmatyanov "possibly" suffered
an aggravation of a pre-existing condition. Unfortunately, as noted above, he did not
have a wealth of diagnostic information or the correct legal standard with which to
determine or explain by what degree her employment aggravated her condition.
Furthermore, Dr. Niner noted in his response to the initial causation letter from Lowe's
that Ms. Nigmatyanov should see an orthopedic specialist.

        While Dr. Niner's opinion is too inexplicit to support a preponderance of the
evidence standard, the Court finds it corroborates and supports Ms. Nigmatyanov's
account that lifting heavy bags at Lowe's aggravated her right shoulder and caused
disabling pain. When coupled with her testimony, the Court finds Dr. Niner's opinion is
sufficient to support her claim for additional medical treatment. The Court holds Lowe's
must provide Ms. Nigmatyanov a panel of orthopedic physicians from which she shall
select one to serve.as the authorized treating physician.

        Next, the Court addresses Ms. Nigmatyanov's claim for temporary disability
benefits. She is eligible for these benefits if: (1) she became disabled due to a work
injury; (2) a causal connection exists between her work injury and inability to work; and
(3) she proved the duration of her disability. Jones v. Crencor Leasing and Sales, 2015
TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015). At this time, Ms.
Nigmatyanov's claim for temporary disability benefits must fail because no physician has
definitively linked her condition to her work for Lowe's.

   It is ORDERED as follows:

   1. Ms. Nigmatyanov's claim for medical benefits is granted. Lowe's shall offer a
      panel of three orthopedists from which Ms. Nigmatyanov shall select a physician
      for medical treatment.

   2. The Court denies Ms. Nigmatyanov's claim for temporary disability benefits at
      this time.

   3. This case is referred to the Compliance Program to consider imposition of
      penalties against Lowe's for its failure to provide a panel of physicians.

   4. This matter is set for a scheduling hearing on Monday, September 23, 2019, at
      3:00 p.m. (CDT). The parties must call 615-741-2113 to participate in the
      Hearing. Failure to call might result in a determination of issues without the
      party's participation.

   5. 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).

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