                                                                                            FILED
                                                                                          Oct 08, 2019
                                                                                          09:11 AM(CT)
                                                                                       TENNESSEE COURT OF
                                                                                      WORKERS' COMPENSATION
                                                                                             CLAIMS




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

Christopher Dennis,                                     Docket No.: 2018-08-1446
            Employee,
v.                                                      State File No.: 78312-2018
Memphis Light, Gas & Water,
            Employer.                                   Judge Deana Seymour

________________________________________________________________________

                              EXPEDITED HEARING ORDER


         The Court convened an Expedited Hearing on September 23, 2019, to determine
Christopher Dennis’s entitlement to additional medical and temporary disability benefits
stemming from a work-related truck accident. MLGW denied the additional benefits,
contending Mr. Dennis’s ongoing symptoms are not primarily related to the accident.
Based on the medical proof, the Court agrees and holds Mr. Dennis is not likely to prevail
at trial on his claim for additional benefits at this time. His request is denied.

                                        History of Claim

       Mr. Dennis worked as an operator for MLGW. He claimed injuries to his wrists,
right shoulder, and low back from an accident in an MLGW truck on September 21,
2018. According to Mr. Dennis, he was a restrained passenger in the truck that hit a pole.
On impact, he braced himself with his hands against the dash and experienced pain in his
wrists, right shoulder, and back where he had never had pain before. MLGW provided
him with a panel from which he chose Dr. Robert Riley Jones. 1

         Dr. Jones treated Mr. Dennis’s wrist and shoulder complaints with medication and
restricted duty. He also ordered MRIs, which revealed a possible right-wrist ligament



1
  Mr. Dennis chose Concentra from an initial panel but did not provide records from that treatment. He
also visited the emergency room on his own before treating with Dr. Jones.




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tear, a ligament tear, subluxation, and incomplete fracture of the left wrist, and a partially
torn tendon, tendinosis, and multiple bursa loose bodies in the right shoulder. 2

       After reviewing the MRIs with a radiologist, Dr. Jones concluded the results “were
all chronic changes” that “take months to develop.” He noted that they “did not meet the
51% rule.” 3 Dr. Jones diagnosed right-shoulder contusions and bilateral wrist strains from
the accident and released him on October 12 with no permanent impairment, restrictions,
or anticipated treatment of his work injuries. He suggested that Mr. Dennis consult his
personal physician for further care.

       Taking that advice, Mr. Dennis went to Dr. Norfleet Thompson, who reviewed the
diagnostic studies and noted “age indeterminate” abnormal findings in both wrists and
right shoulder. Dr. Thompson concluded, “[T]hese are likely underlying problems
aggravated by his car wreck.” He noted “underlying early arthritis and widening of the
scapholunate region” that “looks chronic.”

       Mr. Dennis also pursued unauthorized treatment at Champion Orthopedic and
received diagnoses of ruptured right-wrist ligament, left-wrist fracture, and an
“unspecified” right-rotator cuff tear or rupture. The providers did not address causation
but noted degenerative findings.

       Mr. Dennis disagreed with Dr. Jones’s conclusion that the torn ligaments and
fracture in his wrists were pre-existing, chronic changes unrelated to the accident. He
took three months of medical leave and saw other doctors, but he did not obtain medical
opinions primarily relating his ongoing pain to his work accident. He returned to MLGW,
where he continues to work without restrictions.

                            Findings of Fact and Conclusions of Law

       Mr. Dennis must provide sufficient evidence from which the Court can determine
he is likely to prevail at a hearing on the merits. McCord v. Advantage Human
Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
Specifically, resolution of the issue turns on whether Mr. Dennis established the accident
caused or aggravated his degenerative condition and led to his current complaints.

       To prevail, Mr. Dennis must prove that his condition “arose primarily out of and in
the course and scope of employment” or that he suffered an aggravation of a pre-existing
condition that “arose primarily out of and in the course and scope of employment.” Tenn.
2
    Mr. Dennis’s low-back symptoms resolved, so Dr. Jones did not order a spine MRI.
3
  Dr. Jones misstates the correct legal standard. As explained in the next section, it must be shown to a
reasonable degree of medical certainty that the employment contributed “more than fifty percent” in
causing the need for medical treatment, considering all causes. (Emphasis added.)




                                                   2
Code Ann. § 50-6-102(14)(A) (2018). An injury “arises primarily out of and in the course
and scope of employment” only if it has been shown by a preponderance of the evidence
that the employment contributed “more than fifty percent (50%) in causing the injury or
his need for medical treatment of the pre-existing condition, when considering all
causes.” Tenn. Code Ann. § 50-6-102(14)(B). Medical evidence is generally required to
establish a causal relationship, “[e]xcept in the most obvious, simple and routine cases.”
Berdnik v. Fairfield Glad Community Club, 2017 TN Wrk. Comp. App. Bd. LEXIS 32, at
*10-11 (May 18, 2017). The Court finds this is not an obvious, simple and routine case,
and medical evidence is required to establish a causal relationship.

       The opinion of the authorized treating physician, selected by the employee from
the employer’s designated panel of physicians, is presumed correct as to causation, but
this presumption can be rebutted by a preponderance of the evidence. Tenn. Code Ann. §
50-6-102(14)(E).

      In this case, MLGW does not dispute the accident but disputes whether Mr.
Dennis’s current need for treatment relates to the accident. MLGW relies on Dr. Jones’s
conclusions that Mr. Dennis’s need for treatment was primarily due to non-work related
degenerative conditions. As ATP, Dr. Jones’s opinion is presumed correct.

       The Court found Mr. Dennis sincere in his testimony and does not disregard that
testimony. However, the Court cannot order medical benefits based on his testimony
alone, as the Court cannot make independent medical determinations without expert
medical proof. Thompson v. Comcast Corp., 2018 TN Wrk. Comp. App. Bd. LEXIS 1, at
*31 (Jan. 30, 2018). Mr. Dennis cannot rely on his own interpretation of the medical
proof to successfully support his argument for treatment. Instead, he must present
sufficient medical evidence indicating he is likely to prevail at trial regarding causation.
Arciga v. AtWork Pers. Servs., 2016 TN Wrk. Comp. App. Bd. LEXIS 6, at *8-9 (Feb. 2,
2016).

        The Court finds Mr. Dennis did not present sufficient medical proof that his need
for treatment is causally related to his work accident. Without this proof, the Court holds
he is unlikely to prevail at trial and denies his request for treatment at this time.

        As for Mr. Dennis’s request for temporary disability benefits, he must prove (1)
disability from working as a result of a compensable injury; (2) a causal connection
between the injury and the inability to work; and (3) the duration of the period of
disability. Shepherd v. Haren Constr. Co., Inc., 2016 TN Wrk. Comp. App. Bd. LEXIS
15, at *13 (Mar. 30, 2016). Without sufficient medical proof, the Court holds Mr. Dennis
is also unlikely to prevail at trial on his claim for temporary disability benefits.




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IT IS, THEREFORE, ORDERED as follows:

  1. Mr. Dennis’s requests for medical and temporary disability benefits are denied at
     this time.

  2. This case is set for a Scheduling Hearing on November 18, 2019, at 9:30 a.m.
     Central. You must call 615-532-9550 or toll-free at 866-943-0014 to participate in
     the Hearing. Failure to call might result in a determination of the issues without
     your participation.


     ENTERED October 8, 2019.



                                ____________________________________
                                Judge Deana C. Seymour
                                Court of Workers’ Compensation Claims




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                                      APPENDIX

Technical record:
1.    Petition for Benefit Determination
2.    Dispute Certification Notice
3.    Request for Expedited Hearing along with Affidavit of Christopher Dennis
4.    Medical Records Certification and Records submitted by Mr. Dennis
5.    Employer’s Exhibit List
6.    Employer’s Witness List
7.    Employer’s Medical Records Designation
8.    Pre-Compensation Hearing Statement

Exhibits:
1.    First Report of Injury
2.    Choice of Physicians Form – Concentra
3.    Choice of Physicians Form – Dr. Jones
4.    Medical records of Dr. Jones
5.    Final Medical Report of Dr. Jones
6.    Medical Records of Champion Orthopedics
7.    Medical Records of Campbell Clinic
8.    Imaging Records – MRI Reports
9.    Desoto Imaging Specialists Records
10.   Accident Photographs


                            CERTIFICATE OF SERVICE

      I certify that a copy of this Order was sent as indicated on October 8, 2019.

Name                        Certified Via       Via      Service sent to:
                            Mail      USPS      Email
Christopher Dennis,            X        X                1182 S. Willett Street
Self-Represented                                         Memphis, TN 38106
Employee
Salwa Adnan Bahhur,                                X     Salwa@thehuntfirm.com
Employer’s Attorney


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




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