     FILED
   Mar 28, 2018
   03:10 PM(CT)
 TENNESSEE COURT OF
WORKERS' COMPENSATION
       CLAIMS
Dyersburg Regional recorded a history that Ms. Jennings complained of chest pains two
to three days prior to the incident. Q-Mart also argued her past medical history included
diagnoses of diabetes, chronic lung disease and the previously noted chest pains and
hypertension. It argued a cardiologist said one month later that her coronary artery
disease was chronic in nature.

       Based on the medical records, Q-Mart argued that the incident of June 16 did not
cause Ms. Jennings' heart issues but rather they were pre-existing. Further, no physician
related her heart disease to her work or said that her condition arose primarily out of it.
Thus, Q-Mart maintained its denial because the evidence did not show to a reasonable
degree of medical certainty that her work contributed more than fifty percent in causing
her need for medical treatment.

                           Findings of Fact and Conclusions of Law

       At this expedited hearing, Ms. Jennings must present sufficient evidence to
establish she would likely prevail at a hearing on the merits regarding her request for a
panel. Tenn. Code Ann. § 50-6-239(d)(l) (2017). In McCord v. Advantage Human
Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6 (Mar. 27, 2015), the Appeals
Board explained part of the reasoning for this relaxed burden is to prevent an employee
from having to "seek out, obtain, and pay for a medical evaluation or treatment before ...
her employer would have any obligation to provide medical benefits." Such a
requirement would be "inconsistent with a fair, expeditious, and efficient workers'
compensation system." Id. at *9-10.

       The Court agrees with Q-Mart that Ms. Jennings does not have medical evidence
establishing that she suffered an injury arising primarily out of her employment.
However, the Appeals Board rejected this argument in McCord under the same
circumstances. In McCord, the uncontroverted evidence established the employee
reported a specific incident and requested medical evaluation. Id. at * 17. Ms. Jennings'
uncontroverted testimony is that she suffered a myocardial infarction after being robbed
at gunpoint and the hospital records confirm that incident, diagnosis, and referral to a
cardiologist. Under McCord, this Court holds Ms. Jennings has satisfied her burden at
this interlocutory stage to support an order compelling Q-Mart to provide a panel of
physicians for evaluation and possible treatment of her cardiac condition.

      IT IS, THEREFORE, ORDERED as follows:

   1. Q-mart shall provide reasonable and necessary medical treatment under Tennessee
      Code Annotated section 50-6-204(a)(l)(A) by providing Ms. Jennings a panel of
      cardiologists, or other physicians competent to evaluate and treat cardiac injuries.
      Ms. Jennings or the chosen physician shall provide the bills to Q-Mart.


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.      2. This matter is set for a telephonic Status Hearing on Tuesday, June 26, 2018,
          at 10:30 a.m. Central Time. The parties must call toll-free at 855-543-5038 to
          participate in the hearing. Failure to call in may result in a determination of any
          issues without a parties' further participation.

           ENTERED this the 28th day of Marc




                                            Judge Allen Phillips
                                            Court of Workers' Com ensation Claims



                                         APPENDIX

    Exhibits:
       1. Affidavit of Charlotte Jennings
       2. Collective Medical Records of Dyer Co. Health Department, Tennova Healthcare-
           Dyersburg and Dr. Norman Weinstein
       3. First Report of Work Injury
       4. Panel of psychiatric/psychological physicians

    Technical record:
       1. Petition for Benefit Determination
       2. Dispute Certification Notice
       3. Request for Expedited Hearing
       4. Employer's Response to Request for Expedited Hearing
       5. Order on Medical Records




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                             CERTIFICATE OF SERVICE

       I hereby certify that a true and correct copy of this Expedited Hearing Order was
sent to the following recipients by the following methods of service on this the 28L11 day
ofMarch, 2018.

           Name                Via Email                  Service sent to:
Charles L. Holliday, Esq.,         x         chuckh@garretylaw.com
Attorney for Employee              x         masher@garretylaw.com
Steve Snyder, Esq.,                x         steve.snyder@mgclaw.com
Attorney for Employer




                                            enn ""hrum, Clerk of Court
                                           Court of Workers' Compensation Claims




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