                                                                                                FILED
                                                                                              Jul 08, 2019
                                                                                             07:15 AM(CT)
                                                                                          TENNESSEE COURT OF
                                                                                         WORKERS' COMPENSATION
                                                                                                CLAIMS




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

TIMOTHY MAYS,                                       ) Docket No.: 2018-02-0659
         Employee,                                  )
v.                                                  )   State File No.: 93196-2018
                                                    )
MATTHEW PIERSON d/b/a                               ) Judge Brian K. Addington
HANDYMAN CONSTRUCTION,                              )
         Employer.                                  )


                               EXPEDITED HEARING ORDER
                               (DECISION ON THE RECORD)

        Timothy Mays filed a second Request for Expedited Hearing for his September
12, 2018 work injury. The Court reviewed the file and found it needed no additional
information to determine whether Mr. Mays is likely to prevail at a hearing on the
merits. 1 The case came before the Court on July 2, 2019, to decide whether Mr. Mays is
entitled to medical and temporary disability benefits. Because the medical evidence
supports his claim, the Court grants the requested relief.

                                            Claim History

        Mr. Mays performed general carpentry work for Handyman Construction. He cut
his left index and middle fingers on a table saw at work on September 12, 2018. Mr.
Mays received emergency treatment and was ordered to follow up with an orthopedist.
He could not afford one, so he returned to the emergency room on September 28. The
emergency physician determined the wounds were healing and referred Mr. Mays to Dr.
Ashraf Youssef.

      When he saw Dr. Youssef, they discussed various treatment options, and Mr.
Mays decided to proceed without surgery. On May 8, 2019, Dr. Youssef placed Mr.
Mays offwork from September 12, 2018, through July 16, 2019.

1
 The Court sent a docketing notice giving the parties ten business days to file objections and/or a brief.
Handyman Construction did not respond.
       Concerning Mr. Mays's work, Handyman Construction paid him by cash. The
parties dispute the total amount Mr. Mays earned, but both acknowledged he earned
$10.00 per hour.

       According to the Expedited Request for Investigation Report, Handyman
Construction did not have insurance; the injury occurred after July 1, 2015; and Mr. Mays
resided in Tennessee at the time of accident. Further, Handyman Construction controlled
the work, possessed the right of termination, provided the tools and equipment, and
scheduled the working hours. Mr. Mays contacted an ombudsman with the Bureau on
October 29, 20 18, and discussed his claim for benefits and Handyman Construction's
lack of insurance.

        Mr. Mays contended he is entitled to medical and temporary disability benefits.
He is seeking payment of his treatment with Dr. Youssef in the amount of$1,562.82, as
well as temporary total disability benefits from September 12, 2018, through July 16,
2019. 2

                         Findings of Fact and Conclusions of Law

       At an Expedited Hearing, Mr. Mays must come forward with sufficient evidence
from which this Court might determine that 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).

       Mr. Mays's affidavit was uncontroverted that his alleged injury arose primarily out
of and in the course and scope of his employment, as required by Tenn. Code Ann. § 50-
6-102(14) (2018). The Court holds he is likely to prevail at a hearing on the merits in
proving his injury arose primarily out of and in the course and scope of his employment.

       Mr. Mays is entitled to temporary total disability benefits if his work injury
temporarily disabled him from working. Tenn. Code Ann. § 50-6-207. Mr. Mays
presented uncontroverted evidence that Dr. Youssef took him off work from September
12, 2018, through July 16, 2019 due to his work injuries. The Court finds it reasonable to
set Mr. Mays's average weekly wage at $400.00 with a corresponding compensation rate
of $266.67. The Court holds he is entitled to temporary total disability benefits totaling
$11,695.41.

       Mr. Mays presented unrefuted evidence of Dr. Youssefs charges totaling
$1 ,562.82. The Court holds Handyman Construction shall pay these medical bills.


2
 This Court issued an Expedited Hearing Order on Apri126, 2019, awarding Mr. Mays medical treatment
with Dr. Youssef.

                                                 2
        Finally, concerning the payment of benefits, Handyman Construction must
provide medical benefits and temporary total disability benefits as ordered. However,
since it did not have workers' compensation insurance at the time of the injury, the
Uninsured Employers Fund has discretion to pay limited medical expenses if certain
criteria are met. (See attached Benefits Request Form.) Mr. Mays must establish,
through his testimony, medical records, and the Bureau's Compliance report, that he
proved or is likely to prove that he: 1) worked for an uninsured employer; 2) suffered an
injury arising primarily in the course and scope of employment on or after July 1, 2015;
3) was a Tennessee resident on the date of injury; 4) provided notice to the Bureau of the
injury and the employer's lack of coverage within sixty days of the injury; and, 5)
secured a judgment for workers' compensation benefits against Handyman Construction
for the injury. Tenn. Code Ann. § 50-6-801(d)(l)-(5).

       The Court finds that Mr. Mays worked for an uninsured employer, Handyman
Construction, and he is likely to prevail at a hearing on the merits that he suffered an
injury arising primarily from employment on September 12, 2018. He was a Tennessee
resident on that date, and he provided notice to the Bureau within sixty days of his injury
and Handyman Construction's lack of insurance. This order serves as a judgment for
benefits. The Court holds Mr. Mays satisfied all of the requirements of section 50-6-
801(d).

       IT IS, THEREFORE, ORDERED as follows:

   1. Handyman Construction shall pay Dr. Youssef for Mr. Mays's treatment totaling
      $1,562.82. It shall also provide continuing treatment with Dr. Yousef.

   2. Handyman Construction shall pay Mr. Mays $11,695.41 in temporary total
      disability benefits.

   3. This case is set for a Scheduling Hearing on August 27, 2019, at 10:30 a.m. (ET).
      The parties must call toll-free at 855-543-5044 to participate in the Hearing.
      Failure to call may result in a determination of the issues without your
      participation.

   4. Unless an interlocutory appeal of the 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 confirmation within seven
      business days may result in a penalty assessment for non-compliance. For
      questions regarding compliance, contact the Workers' Compensation Compliance
      Unit via email at WCCompliance.Program@tn .gov.

                                             3
        ENTERED July 8, 2019.



                                            Is/ Brian K. Addington
                                           BRIAN K. ADDINGTON, JUDGE
                                           Court of Workers' Compensation Claims

                                         APPENDIX

 Exhibits/Technical Record
    1. Petition for Benefit Determination
   2. Mr. Mays's Affidavit
   3. Request for Expedited Hearing
   4. Dispute Certification Notice with attachments
   5. Medical Records and Bills from Holston Valley Medical Center
   6. Medical Records and Bills from Holston Medical Group-Dr. Youssef
   7. Expedited Request for Investigation Report
   8. Mary Perry's Affidavit

                               CERTIFICATE OF SERVICE

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

       Name            Certified   Via     Via      Service sent to:
                        Mail       Fax    Email
Timothy Mays,             X                         1017 W. Stone Drive, Apt. 323
Employee                                            Kingsport, TN 37660
Matthew Pearson,           X                        1794 Big Moccasin Dr.
Employer                                            Nicklesville, VA 24271
Amanda Terry,                                       amanda.terry@tn.gov
LaShawn Pender                              X       Jashawn.Qender(a{tn.gov
Compliance




                                                           UM, COURT CLERK




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