                                                                                       FILED
                                                                                     Dec 13, 2019
                                                                                    07:49 AM(CT)
                                                                                 TENNESSEE COURT OF
                                                                                WORKERS' COMPENSATION
                                                                                       CLAIMS



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

WILLIAM WASHINGTON,                            )   Docket No.: 2019-05-0823
         Employee,                             )
v.                                             )
                                               )
IB-TECH                                        )   State File No.: 51617-2019
              Employer,                        )
And                                            )
                                               )
SOMPO AMERICA INS. CO.                         )   Judge Robert Durham
        Insurer.                               )

              EXPEDITED HEARING ORDER DENYING BENEFITS
                      (DECISION ON THE RECORD)


       This case came before the Court for an expedited hearing. Following the parties'
agreement to accept a decision on the record, the Court issued a Docketing Notice that
required responses by December 10.

        The issue is whether Mr. Washington provided sufficient evidence to establish he
is likely to prove at trial that he is entitled to benefits for his low-back and left-leg pain.
The Court holds the evidence is insufficient at this time and denies the requested benefits.

                                      History of Claim

       Mr. Washington submitted a Petition for Benefit Determination claiming he
suffered a work injury on May 15, 2019, to his low back and left leg. In his affidavit, Mr.
Washington stated that he was "having a problem" picking up a seat adjuster, and he told
his supervisor that "something wasn't right." He thought he was having a stroke and left
to seek medical treatment.

        Jennifer Calahan, Human Resource Manager for IB-Tech, confirmed that on his
last day at work, Mr. Washington clocked-out after working only one hour and that he
told "multiple individuals" that he thought he was having a stroke. However, she stated
that this incident occurred on May 9, not May 15.

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        Based on the submitted medical records, Mr. Washington sought unauthorized
treatment on May 9; however, neither party provided a record of the visit. Two days
later, he went to the emergency room complaining of left-leg and mild low-back pain that
began "several days ago." According to the record, he denied any trauma, and the
provider did not mention a work-related injury. He underwent a lumbar CT scan, which
revealed degenerative disc disease causing narrowing in his spinal canal and nerve root
exits in multiple lumbar discs. The provider diagnosed lumbar radiculopathy and
prescribed pain medication and anti-inflammatories.

        On May 13, Mr. Washington saw Dr. Samuel Bastian, a general practitioner, to
address his low-back and left-leg complaints. He stated his symptoms began a week
earlier and were unchanged. The records listed the mechanism of injury as "unknown"
and do not mention a work-related accident. Dr. Bastian diagnosed discogenic pain and
referred Mr. Washington to physical therapy while continuing his medication. This
concluded the evidence presented to the Court.

                       Findings of Fact and Conclusions of Law

       Mr. Washington must present sufficient evidence establishing that he will likely
prevail at trial to receive benefits. See Tenn. Code Ann. § 50-6-239(d)(l) (2019).

       First, the Court will address whether the alleged work injury occurred on May 9 or
May 15. Based on the entire record, it seems clear that Mr. Washington erred when he
listed May 15 as the incident date and it was more likely on May 9. However, the Court
finds the error irrelevant at this time.

       The more pressing issue is causation. Mr. Washington must show he is likely to
prove that his low-back and left-leg pain arose primarily out of and in the course and
scope of his employment with IB-Tech. To do that, he must establish to a reasonable
degree of medical certainty that his employment contributed more than fifty percent in
causing the need for medical treatment, considering all causes. Reasonable degree of
medical certainty means "it is more likely than not considering all causes, as opposed to
speculation or uncertainty." See Tenn. Code Ann. § 50-6-102(14). Thus, causation must
be established through proof of a work-related accident as well as expert medical
testimony, and it must be by more than "speculation or possibility." /d.

       Here, Mr. Washington did not provide any evidence of a work-related accident.
His affidavit only refers to "having problems" lifting a seat adjuster, and he told his
supervisor and others that he thought he was having a stroke. Neither of the submitted
medical records refers to a work injury, and in fact, both stated that the mechanism of
injury was unknown.


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        The Court further finds that Mr. Washington's evidence is insufficient to establish
he is likely to prevail at trial even with regard to the provision of a panel of physicians.
See Tenn. Code Ann. § 50-6-204. Medical evidence is generally required to establish a
causal relationship, "[e]xcept in the most obvious, simple and routine cases." Cloyd v.
Hartco Flooring Co., 274 S.W.3d 638, 643 (Tenn. 2008). Here, Mr. Washington did not
provide any medical opinion that even addressed a possible causal connection between
his employment and his low-back and leg pain. To date, Mr. Washington has only
offered speculation as to the cause of his pain, which cannot serve as justification for the
provision ofbenefits. Tenn. Code Ann.§ 50-6-102(14).

       IT IS, THEREFORE, ORDERED that:

  1.   Mr. Washington's request for benefits is denied at this time.

  2.   This case is set for a Scheduling Hearing on February 3, 2019, at 9:00a.m. C.S.T.
       The parties or their counsel must call615-253-0010 or toll-free at 855-689-9049 to
       participate in the hearing. Failure to call might result in a determination of the
       issues without your participation.

ENTERED December13, 2019.




                               ~wlkRobert V. Durham, Judge
                                   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
   4.   Docketing Notice
   5.   IB-Tech's position statement

Exhibits

   1.   Mr. Williams's affidavit
   2.   Wage Statement
   3.   Dr. Samuel Bastian's records
   4.   Williamson Medical Center's records
   5.   Ms. Calahan's affidavit



                             CERTIFICATE OF SERVICE

     A copy of the Expedited Hearing Order Denying Benefits was sent as indicated on
December _13, 20 19.

Name                      Certified     Via        Via    Service sent to:
                           Mail         Fax       Email
William Washington           X                            1609 Christi Avenue
                                                          Cha,Q_el Hill, TN 3 8034
Brent Moore                                        X      bmoore_@_ortalekelle_y.com




                                         P ·nny Sh · , Clerk of Court
                                         Court of 'Norkers' Compensation Claims
                                         WC.CourtClerk@tn.gov




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