                                                                                                 FILED
                                                                                               Jul 07, 2020
                                                                                              01:21 PM(CT)
                                                                                           TENNESSEE COURT OF
                                                                                          WORKERS' COMPENSATION
                                                                                                 CLAIMS




             TENNESSEE BUREAU OF WORKERS’ COMPENSATION
            IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
                             AT MEMPHIS

    CHRISTOPHER DENNIS,                                  ) Docket No.: 2018-08-1446
            Employee,                                    )
                                                         )
    v.                                                   ) State File No.: 78312-2018
                                                         )
    MEMPHIS LIGHT, GAS & WATER,                          )
             Employer.                                   ) Judge Deana Seymour

    ________________________________________________________________________

                             COMPENSATION HEARING ORDER


       The Court held a Compensation Hearing on June 29, 2020, to determine
Christopher Dennis’s entitlement to benefits from a work-related accident. The issue is
whether Mr. Dennis proved by a preponderance of the evidence that his current condition
arose primarily out of his employment. For the reasons below, the Court holds he did not
and dismisses the case.

                                          History of Claim

      Mr. Dennis claimed he injured his wrists and right shoulder in a motor vehicle
accident on September 21, 2018. MLGW provided a panel of physicians, from which he
chose Dr. Robert Riley Jones.

        Dr. Jones treated Mr. Dennis’s wrists and shoulder with medication and assigned
restricted duty. He ordered MRIs, which revealed a possible right-wrist ligament tear, a
left wrist ligament tear, subluxation, and incomplete fracture, and a right shoulder
partially torn tendon, tendinosis, and multiple bursa loose bodies. 1



1
  Neither party submitted a C-32 or deposition. See generally Tenn. Code Ann. § 50-6-235(c) (2019).
Instead, the parties stipulated to the medical records and their content as the medical proof in this case.




                                                    1
        After reviewing the MRIs with a radiologist, Dr. Jones concluded the results “were
all chronic changes” that “take months to develop.” He noted that they “did not meet the
51% rule.”2 Dr. Jones diagnosed bilateral wrist strains and right-shoulder contusions from
the accident and released Mr. Dennis on October 12 with no permanent impairment,
restrictions, or anticipated treatment for his work injuries. He suggested Mr. Dennis
consult his personal physician for further care.

       Taking that advice, Mr. Dennis went to Dr. Norfleet Thompson, who reviewed the
diagnostic studies and noted “age indeterminate” abnormal findings in both wrists and his
right shoulder. Dr. Thompson concluded, “[T]hese are likely underlying problems
aggravated by his car wreck.” He noted “underlying early arthritis and widening of the
scapholunate region” that “looks chronic.”

       Mr. Dennis also pursued unauthorized treatment at Champion Orthopedic and
received diagnoses of ruptured right-wrist ligament, left-wrist fracture, and an
“unspecified” right-rotator cuff tear or rupture. The providers did not address causation
but noted degenerative findings.

       During the hearing, Mr. Dennis disagreed with Dr. Jones’s conclusion that the torn
ligaments and fracture in his wrists were pre-existing, chronic changes unrelated to the
accident. He claimed he never sought prior treatment for his wrists or shoulder or
experienced the type of daily pain he currently has. However, he did not introduce any
medical proof on causation. MLGW contended that Mr. Dennis’s current condition is not
primarily related to his September 2018 accident.

                           Findings of Fact and Conclusions of Law

                                          Standard applied

       Mr. Dennis has the burden of proof on all essential elements of his claim. Scott v.
Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18,
2015). At a Compensation Hearing, he must establish those elements by a preponderance
of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2019).

                                               Analysis

       The determinative issue is whether Mr. Dennis established his accident caused or
aggravated his current condition. To prevail, Mr. Dennis must prove that his condition
“arose primarily out of and in the course and scope of employment” or that he suffered an
aggravation of a pre-existing condition that “arose primarily out of and in the course and
2
  Dr. Jones misstates the correct legal standard. As explained in the next section, it must be shown to a
reasonable degree of medical certainty that the employment contributed “more than fifty percent” in
causing the need for medical treatment, considering all causes. (Emphasis added.)




                                                   2
scope of employment.” Tenn. Code Ann. § 50-6-102(14)(A). An injury “arises primarily
out of and in the course and scope of employment” only if it has been shown by a
preponderance of the evidence that the employment contributed “more than fifty percent
(50%) in causing the injury” or his need for medical treatment of the pre-existing
condition, “considering all causes.” Tenn. Code Ann. § 50-6-102(14)(B).

       Medical evidence is generally required to establish a causal relationship, “[e]xcept
in the most obvious, simple and routine cases.” Berdnik v. Fairfield Glade Cmty. Club,
2017 TN Wrk. Comp. App. Bd. LEXIS 32, at *10-11 (May 18, 2017). The Court finds
this is not an obvious, simple and routine case, and medical evidence is required to
establish a causal relationship.

      In this case, MLGW agreed that the accident occurred but disputes whether Mr.
Dennis’s current condition relates to the accident. MLGW relied on Dr. Jones’s
conclusions that Mr. Dennis’s current condition is primarily due to non-work-related
degenerative conditions. As Mr. Dennis’s authorized treating physician, Dr. Jones’s
opinion is presumed correct. See Tenn. Code Ann. § 50-6-102(14)(E).

       The Court finds Mr. Dennis sincere in his testimony. However, the Court cannot
order benefits based on his testimony alone, as it cannot make independent medical
determinations without expert medical proof. Thompson v. Comcast Corp., 2018 TN
Wrk. Comp. App. Bd. LEXIS 1, at *31 (Jan. 30, 2018). Although Dr. Thompson
suggested that the “underlying problems” were aggravated by the car wreck, this is not
enough to overcome the presumption due to Dr. Jones’s clear opinion that the injuries
were chronic changes not related to the accident. Thus, the Court finds Mr. Dennis did
not present sufficient medical proof that his current condition arose primarily out of his
work accident.

       Therefore, the Court denies Mr. Dennis’s claim for benefits.3

IT IS ORDERED as follows:

       1.      This case is dismissed.

       2.     The Court assesses the $150.00 filing fee to MLGW, to be paid to the Court
       Clerk within five business days of this order becoming final under Tennessee
       Compilation Rules and Regulations 0800-02-21-.06 (August, 2019), for which
       execution might issue if necessary.

       3.      Absent an appeal, this order shall become final thirty days after issuance.

3
  Even if the Court concluded that Mr. Dennis proved his case, the Court could not award disability
benefits, as he presented no proof of permanent impairment. See Tenn. Code Ann. § 50-6-207(3).




                                                 3
      4.     MLGW shall file a Statistical Data Form (SD-2) with the Court Clerk
      within five business days of the date this order becomes final.

      ENTERED July 7, 2020.



                              ____________________________________
                              Judge Deana C. Seymour
                              Court of Workers’ Compensation Claims


                                  APPENDIX

Technical record:
1.    Petition for Benefit Determination
2.    Dispute Certification Notice (June 17, 2019)
3.    Request for Expedited Hearing along with Affidavit of Christopher Dennis
4.    Expedited Hearing Order
5.    Appeals Board’s Opinion Affirming and Remanding Case
6.    Scheduling Order
7.    Employer’s Motion to Continue Compensation Hearing and Revise Scheduling
      Order Due to Covid-19
8.    Dispute Certification Notice (March 26, 2020)
9.    Order on Employer’s Motion to Continue Compensation Hearing and Revise
      Scheduling Order Due to Covid-19
10.   Order on Scheduling Hearing
11.   Employer’s Notice of Filing Post-Discovery Mediation Dispute Certification
      Notice
12.   Employer’s Exhibit List
13.   Employer’s Witness List
14.   Employer’s Medical Records Designation
15.   Employer’s Pre-Compensation Hearing Statement

Exhibits:
1.    Wage Statement
2.    Choice of Physicians Form – Concentra
3.    Choice of Physicians Form – Dr. Jones
4.    Medical records of Dr. Jones
5.    Final Medical Report of Dr. Jones
6.    Medical Records of Champion Orthopedics
7.    Medical Records of Campbell Clinic
8.    Imaging Records – MRI Reports




                                       4
9.    Desoto Imaging Specialists Records
10.   Accident Photographs (Collective Exhibit)
11.   Employer’s First Report of Work Injury


                            CERTIFICATE OF SERVICE

      I certify that a copy of this Order was sent as indicated on July 7, 2020.

  Name                       Certified Via        Via      Service sent to:
                             Mail      USPS       Email
  Christopher Dennis,           X        X                 1182 S. Willett Street
  Self-Represented                                         Memphis, TN 38106
  Employee
  Salwa Adnan Bahhur,                               X      Salwa@thehuntfirm.com
  Employer’s Attorney




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




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