                                                                                FILED
                                                                               Jun 04, 2019
                                                                              08:27 AM(CT)
                                                                           TENNESSEE COURT OF
                                                                          WORKERS' COMPENSATION
                                                                                 CLAIMS




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

JODY GARRETT,                               )   Docket Number: 2018-02-0076
         Employee,                          )
v.                                          )
PRECISION PIPING AND       )                    State File Number: 9524-2018
PLUMBING,                  )
         Employer,         )
And                        )
ACCIDENT FUND INSURANCE OF )                    Judge Brian K. Addington
AMERICA,                   )
        Carrier.           )


                          EXPEDITED HEARING ORDER


        Jody Garrett requested that Precision Plumbing pay for medical and temporary
disability benefits for a thumb injury that he claimed arose primarily out of and in the
course and scope of his employment. Precision Plumbing denied the accident occurred
while Mr. Garrett was at work. The Court held an Expedited Hearing on May 31, 2019,
and concludes Mr. Garrett failed to establish he would likely prevail at a hearing on the
merits regarding his request for medical and temporary disability benefits.
                                     Claim History
      Mr. Garrett worked for Precision as a plumber and received a salary as opposed to
hourly pay. He primarily worked under Jeff Underwood, supervisor of Precision's
remodeling and service division. Mr. Underwood had no ownership interest in Precision.
       As head of the remodeling and service division, Mr. Underwood kept Precision's
supplies at his residence. On occasion, Mr. Garrett worked at Mr. Underwood's
residence cleaning the work van and sorting supplies. In addition to the work for
Precision, he also performed occasional odd jobs at Mr. Underwood's home, including
helping to install siding. It was this type of odd job that led to Mr. Garrett's injury.



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        On October 10, 2017, Mr. Garrett finished his plumbing jobs early. He rode back
to Mr. Underwood's house. 1 Mr. Underwood was splitting firewood for a church
festival, and he gave Mr. Garrett the option to either get a ride home or stay and help split
wood. Mr. Garrett chose to stay and help. He partially amputated his thumb while
splitting the wood. Mr. Garrett received emergency treatment at two hospitals and was
released later that night. The following day, and for a short time afterward, he continued
working for Precision.
       In November, Precision terminated Mr. Garrett after determining he used the
company's debit card without permission and incurred excessive absences. It also
received customer complaints concerning alcohol on his breath. Although Mr. Garrett
admitted using the debit card without permission, he testified he repaid the money the
next day. He denied the other allegations and argued that Precision terminated him
because he asked Precision to pay his medical bills and provide temporary disability
benefits.
       Precision denied compensability of his injury. It argued that Mr. Garrett' s injury
did not arise primarily out of or in the course and scope of his employment because he
was not at work at the time of the accident and the log-splitting did not benefit Precision.
Therefore, he is not entitled to workers' compensation benefits. Additionally, even if the
injury were work-related, Mr. Garrett's termination for cause prohibited recovery of
temporary disability benefits.
       Mr. Garrett countered that the injury arose out of his work for Precision. He
asserted that because he completed his plumbing jobs early, he was required to help Mr.
Underwood, his supervisor, cut and split firewood as part of his job duties.

                                               Finding of Facts
       Precision denied that Mr. Garrett's injury arose primarily out of and in the course
and scope of his employment. Thus, it argued the claim is not compensable. To recover
benefits at this expedited hearing, Mr. Garrett must show a likelihood of proving
compensability of his claim at a hearing on the merits. Tenn. Code Ann. § 50-6-
239(d)(l) (2018).

       To be compensable under the workers' compensation statutes, an injury must arise
primarily out of and in the course and scope of the employment. Tenn. Code Ann. § 50-
6-1 02(14 ). An injury occurs in the course and scope of employment if it takes place
while an employee is performing a duty he was hired to perform and focuses on the time,
place, and circumstances of the injury. Jacobs v. Bridgestone Americas Tire, 2018 TN
Wrk. Comp. App. Bd. LEXIS 4, at *9-10 (Feb. 7, 2018).



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    Mr. Garrett had no driver's license, so Precision hired a driver to take him to and from job sites.

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       Precision hired Mr. Garrett as a plumber. Therefore, any activity not directly or
indirectly related to plumbing, including splitting logs for his supervisor, fell outside the
scope of his work. Also, his injury occurred after the work day, when Mr. Garrett could
have gone home but volunteered to help Mr. Underwood prepare for a church event.

       The Court finds no casual connection between Mr. Garrett's job as a plumber and
the work he performed chopping wood as an act of kindness for Mr. Underwood. The
work did not benefit Precision. Therefore, the Court holds he is not likely to prevail at a
hearing on the merits in proving compensability of his injury.

IT IS, THEREFORE, ORDERED as follows:
    1.   Mr. Garrett's requested relief is denied at this time.

   2. This case is set for a Status Hearing on September 27, 2019 at 10:00 a.m. Eastern
      Time. The parties must call 855-543-5044 toll-free to participate in the hearing.
      Failure to appear by telephone may result in a determination of the issues without
      your further participation.

         ENTERED JUNE 4, 2019.



                                            IS/ Brian K. Addington
                                            BRIAN K. ADDINGTON, JUDGE
                                            Court of Workers' Compensation Claims


                                         APPENDIX

Exhibits:
1. Jody Garrett's Affidavit
2. Pay Stubs from January to November 2017
3. Collective Exhibit Medical bills (for Identification Purposes)
4. Medical Records of Sycamore Shoals
5. Medical Records of Johnson City Medical Center
6. Jody Garrett's Deposition
7. Photo

Technical Record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing
4. Agreed Order of Continuance

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 5. Employer's Motion to Continue Expedited Hearing
 6. Order Continuing Expedited Hearing and Setting Hearing
 7. Employee's Witness and Exhibit Lists
 8. Employee's Pre-Hearing Brief
 9. Employer's Witness List


                              CERTIFICATE OF SERVICE
        I certify that a correct copy of this Order was sent to the recipients below as
 indicated on June 4, 2019

        Name            Certified   First Email              Service Sent to:
                         Mail       Class
                                    Mail
Todd East,                                         todd@toddeast.com
Employee's Attorney                            X   jennifer@toddeast.com
Cole Stinson,                                      cole.stinson@accidentfund.com
Employer's Attorney                            X   christine.spear@accidentfund.com




                                                        M, COURT CLERK




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