                                                                                            FILED
                                                                                          Aug 13, 2019
                                                                                         11:13 AM(CT)
                                                                                      TENNESSEE COURT OF
                                                                                     WORKERS' COMPENSATION
                                                                                            CLAIMS




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

BIRTlE CLARK,                                  )       Docket Number: 2019-02-0176
          Employee,                            )
v.                                             )
COOK OUT KINGSPORT, INC.,                      )       State File Number: 17061-2019
         Employer,                             )
And                                            )
AMERICAN COMPENSATION,                         )   Judge Brian K. Addington
         Insurance Carrier.                    )


                          EXPEDITED HEARING ORDER
                          (DECISION ON THE RECORD)


       Cook Out filed a Request for Expedited Hearing and asked the Court to deny
Birtie Clark's claim for medical and temporary benefits. The Court reviewed the file and
found it needed no additional information to determine whether Ms. Clark is likely to
prevail at a hearing on the merits. 1 Because the evidence supports Cook Out's assertions,
the Court denies Ms. Clark relief at this time.

                                         History of Claim

       While Cook Out acknowledged that Ms. Clark sustained a compensable March 30,
2018 work injury, it denied through affidavits that Ms. Clark provided notice of a
September 14, 2018 injury. It was not until after a February 2019 car wreck that Ms.
Clark filed a Petition for Benefit Determination alleging a September 14, 2018 injury.

       Cook Out argued that Ms. Clark never provided notice of a September 14, 2018
injury, and it has not paid any benefits on the claim. Also, she has not provided any
affidavits or medical records to support her claim for benefits.


1
 The Court issued a docketing notice allowing the parties until August 12, 2019, to file objections or
submit position statements. Ms. Clark did not respond.
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                       Findings of Fact and Conclusions of Law

       To prevail at an expedited hearing, Ms. Clark must present sufficient evidence to
show she is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-
239( d)(l) (20 18).

       Here, the evidence shows Ms. Clark did not provide any affidavits or medical
records to support a claim for benefits with a September 14, 2018 injury date. Cook Out
provided affidavits that it received neither notice of a September 14, 2018 injury nor any
medical records to support her claim. The Court holds Ms. Clark has not come forward
with sufficient evidence to prove she is likely to succeed in proving she suffered a
September 14, 2018 work injury that caused disablement and/or the need for medical
treatment.

IT IS, THEREFORE, ORDERED as follows:

   1. Ms. Clark's request for temporary and medical benefits is denied at this time.

   2. This case is set for a Scheduling Hearing on October 3, 2019, at 10:30 a.m.
      Eastern Time. You must call 855-543-5044 to participate in the Hearing. Failure
      to call might result in a determination of the issues without your participation.

ENTERED August 13,2019.



                                  Is/Brian K. Addington
                                  Judge Brian K. Addington
                                  Court of Workers' Compensation Claims




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                                         Appendix

Exhibits/Technical Record

   1.   Rockforde King's Affidavit
   2.   Jana Johnson's Affidavit
   3.   Rick McCormick's Affidavit
   4.   Request for Expedited Hearing
   5.   Dispute Certification Notice with Attachments
   6.   Petition for Benefit Determination

                              CERTIFICATE OF SERVICE

        I certify that a copy of the Order was sent as indicated on August 13, 20 19.

            Name                 Certified    Email    Service sent to:
                                  Mail
Birtie Clark,                       X                  114 Walker Street, Apt. 6
Employee                                               Kingsport, TN 37665
Rockforde King,                                   X    rking@emlaw.com
Attorney for Employer




                                    P ny Shr , Clerk of Court
                                    Court of I ~ rkers' Compensation Claims
                                    WC.CourtClerk@tn.gov




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