     FILED
    Sep 30, 2019
   03:19 PM(CT)
 TENNESSEE COURT OF
WORKERS' COMPENSATION
       CLAIMS
assured Mr. Lee that Hometown would be responsible for the bill.

       Mr. Lee went to Cookeville Regional Medical Center's emergency room where he
underwent a series of x-rays and was assured that nothing was broken. He did not miss
any appreciable time from work and has since fully recovered. Although Mr. Zappavigna
repeatedly assured him that Hometown would pay the emergency room bill, it remains
unpaid.

                       Findings of Fact and Conclusions of Law

      Mr. Lee must present sufficient evidence that he is likely to prevail at a hearing on
the merits. See Tenn. Code Ann. § 50-6-239(d)(l) (2018); McCord v. Advantage Human
Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

       The uncontroverted evidence establishes that Mr. Lee is likely to prove at trial that
Hometown employed him and at least four other employees on February 19, 2018. Based
on this fact, Mr. Lee is entitled to workers' compensation benefits from Hometown for
any injury causally related to his employment. See Tenn. Code Ann. §§ 50-6-102(12)
and (13). The Court further finds that Mr. Lee is likely to prove that he sustained a work-
related injury on February 19, and that he provided timely notice to Hometown. Thus,
the Court holds that Hometown was obligated to provide medical care for treatment of
Mr. Lee's injuries. Tenn. Code Ann. section 50-6-204 (a)(l)(A).

       The Court also finds that Hometown, through its owner, Mr. Zappavigna,
authorized Mr. Lee to seek emergency care by advising him to go and assuring him that
Hometown would pay the bill through workers' compensation. Medical treatment
recommended by an authorized physician is presumed to be reasonable and necessary for
the work-related injury. Tenn. Code Ann. section 50-6-204(a)(2)(H). Thus, the Court
finds that Homecare authorized Mr. Lee's emergent treatment and holds that Hometown
shall pay those expenses.

      IT IS, THEREFORE, ORDERED that:

 1. Hometown shall pay Mr. Lee's emergency room expenses in the amount of $816.47
    to Cookeville Regional Medical Center on February 19, 2018, for treatment of Mr.
    Lee's work-related injuries.

 2. This case is set for a Scheduling Hearing on November 7, 2019, at 10:30 a.m.
    Central Time. The parties must call 615-253-0010 or toll-free at 855-689-9049 to
    participate. Failure to call in might result in a determination of the issues without
    your further participation.



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     3. Unless 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
        Insurer or Self-Insured 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 the necessary
        confirmation within the period of compliance might result in a penalty assessment
        for non-compliance. For questions regarding compliance, please contact the
        Workers'        Compensation       Compliance       Unit      via     email      at
        WCCornpliance.Program@tn.gov.

ENTERED September 30, 2019.




                                     ob rt V. Durham, Judge
                                    Court of Workers' Compensation Claims


                                        APPENDIX

Exhibits:

1.       Medical bill
2.       Mr. Lee's affidavit

Technical Record:

1.       Petition for Benefit Determination
2.       Dispute Certification Notice
3.       Order on Show Cause Hearing
4.       Request for Expedited Hearing
5.       Notice of Expedited Hearing




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                          CERTIFICATE OF SERVICE

       A copy of the Expedited Hearing Order Granting Medical Benefits was sent as
indicated on September 30, 2019.

Name                   Certified    Via        Via    Service sent to:
                        Mail        Fax       Email
Holden Lee                x                           147 5 Dyer Creek Road
                                                      Cookeville, TN 38501
Hometown Moving           x                           c/o Michael Zappavigna
Co., LLC                                              109 Parker Street
                                                      Woodbury, TN 37190



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




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