FILED

Mar 16, 2018

04:27 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
Ms. Crisp went to the Methodist Hospital emergency room. The Methodist records 

included only a discharge form that noted the reason for the visit was a "hand injury" and 

that the provider returned her to work without restriction as of September 10. The 

provider recommended Ms. Crisp follow up with a physician if she had further problems. 

At that point, Ms. Crisp spoke with Judith Bennett, Castle's workers' compensation 

representative. Ms. Bennett said Ms. Crisp told her that she wanted "to go to [her] family 

physician,' so Ms. Bennett scheduled an appointment for her with Dr. Julian Vanego .

1 

On September 13, Dr. Vanegos recorded the reasons for Ms. Crisp's visit were 

pain in both hands "for one week ... coming from heavy lifting at work." He also noted 

complaints of pain in "both arms" and "both knees" for one week. He recommended 

physical therapy and a functional capacity exam. As pertinent here, Dr. V anegos noted 

the following under the history: 

• Hand pain with onset of one week at work 

• Knee pain with onset one year ago because of "long-term heavy lifting" 

• Shoulder pain for one week 

• Neck pain with onset of several weeks ago "during work" 

• Elbow pain for several months and no specific location of where mJury 

occurred 

• Wrist pain for several weeks and no specific location of where mJury 

occurred[.] 

On September 26, Castle's carrier provided Ms. Crisp a panel of physicians that 

included Dr. Mark Harriman. Ms. Crisp claimed Janet Thompson, an Erie Insurance 

adjuster, rudely told her that she must see Dr. Harriman and did not give her the 

opportunity to choose another physician from the panel. Joyce Beard, Ms. Crisp's friend, 

overheard the cellphone conversation and corroborated Ms. Crisp's account. Conversely, 

Ms. Thompson testified that Ms. Crisp voluntarily chose Dr. Harriman and that she was 

free to choose any physician on the panel. 

Ms. Crisp saw Dr. Harriman on October 10, and he noted she complained of neck 

and shoulder pain. In the office note, he wrote: 

The patient has multiple complaints but based on the current Tennessee 

Worker's Comp guidelines she has not had a compensable injury. She 

has worked for her company for 23 years and had been on her present job 

for two years before she developed symptoms. There was no specific 

injury at all and she was simply doing the job that she had been doing 

for two years. 

1 The proof is unclear as to whether Dr. Vanegas was Ms. Crisp's family physician before the 

appointment, but this is not germane to the Court's finding. 

2 
Dr. Harriman released Ms. Crisp to full duty as of October 10, and Ms. Bennett 

said Castle had work available for her at the time. 

Ms. Crisp claimed Dr. Vanegas referred her to Dr. William Moffatt but produced 

no record of this referral. Instead, the limited records of Dr. Moffatt indicated an October 

11 visit where Ms. Crisp reported neck and bilateral shoulder problems. Dr. Moffatt 

suspected carpal tunnel syndrome and degeneration of a cervical intervertebral disc. Her 

condition remained unchanged at later visits in December 2016 and February 2017. The 

records mentioned two onsets: September 6 and October 11, the date of her visit. Dr. 

Moffatt wrote an off-work note in February 2017, taking Ms. Crisp off work from 

October 11, 2016, to "indefinitely." 

For its part, Castle introduced medical records indicating Ms. Crisp previously 

received treatment for her neck and arms as early as March 2014. At that time, providers 

at Semmes Murphey Clinic recorded Ms. Crisp complained of neck, arm, back, and leg 

pain that "clearly had been present for 10 years." Semmes Murphey providers also noted 

hand, wrist, and arm pain in September 2014. 

On November 24, 2014, Ms. Crisp told a provider at Wesley Neurological that she 

thought heavy lifting at work is causing her "to suffer carpal tunnel syndrome (CTS)." 

She said she underwent a "prior evaluation for her arm pain which she wants checked out 

through Workman's comp." She complained of carpal tunnel complaints again to a 

Wesley provider in January 2016, February 2016, and on August 24, 2016. She attributed 

her problems to heavy lifting at work and expressed a desire to "claim disability for 

CTS." 

Ms. Crisp complained of hand, shoulder, knee, and back pain at the offices of 

three other medical providers in both 2015 and in 2016. 

At the hearing, Ms. Crisp "apologized" to Castle's counsel because she "didn't 

remember at the time" she gave a deposition that she "was already going to [a] doctor." 

She then admitted the previous medical treatment and said she told the providers her pain 

came from work. She attributed all of her problems to her job but said she did not know 

she could file a workers' compensation claim until her union representative told her she 

could, prompting this claim. She contended that "two herniated discs" resulted from the 

September 6 incident. 

Ms. Crisp requested payment of medical bills and recovery of "living expenses," 

which the Court views as a request for temporary disability benefits. She testified the 

injury prevented her from working since September 6 and requested temporary disability 

benefits from that date forward. 

3 
Findings of Fact and Conclusions of Law 

Standard applied 

Ms. Crisp must come forward with sufficient evidence from which this Court 

might determine she is likely to prevail at a hearing on the merits. Tenn. Code Ann. § 50-

6-239(d)(l) (2017). Ms. Crisp elected to represent herself, as is her right, but the Court 

cannot "excuse [her] from complying with the same substantive and procedural rules that 

represented parties are expected to observe." Walton v. Averitt Express, Inc., 2017 TN 

Wrk. Comp. App. Bd. LEXIS 37, at *5 (June 2, 2017). 

Analysis 

To be compensable, Ms. Crisp must show her injury arose primarily out of and in 

the course and scope of her employment and that it was caused by an incident, or specific 

set of incidents, identifiable by time and place of occurrence. Tenn. Code Ann. § 50-6-

102(14)(A). Further, she must show, "to a reasonable degree of medical certainty that 

[her injury] contributed more than fifty percent (50%) in causing the ... need for medical 

treatment[.]" Id. at 50-6-102(14)(C). 

The Court finds Ms. Crisp failed to show the September 6 injury arose primarily 

out of her employment at Castle. Rather, Ms. Crisp sought extensive medical treatment 

for body parts she injured long before the alleged date of injury. Indeed, the medical 

records established she received medical treatment at five separate providers between 

2014 and 2016 for her neck, hands, arms, wrists, back, and legs. This previous treatment 

dated to as early as March 2014, when Ms. Crisp complained that "heavy lifting at work" 

caused of her self-described carpal tunnel syndrome. She told a provider then that she 

wanted a workers' compensation evaluation, a request that is inconsistent with her 

assertion that she did not know she could file a claim until speaking with her union 

representative. Notably, Ms. Crisp began her narrative testimony with an "apology" for 

"forgetting" the prior medical treatment during a deposition, a statement directly and 

adversely affecting her credibility. 

Further, the Court finds Ms. Crisp failed to show the injury contributed more than 

fifty percent to the need for medical treatment. Neither Dr. Vanegos', Dr. Moffatt's, nor 

Dr. Harriman's records establish she sustained an injury identifiable by time and place of 

occurrence or that it contributed more than fifty percent to the need for treatment. The 

medical records are replete with inconsistencies regarding Ms. Crisp's history of the 

onset and cause of her symptoms. Further, the Court believes Ms. Thompson's testimony 

that she provided Ms. Crisp a proper panel from which she chose Dr. Harriman. As the 

approved physician, Dr. Harriman's opinion is presumed correct, and Ms. Smith did not 

rebut that presumption by a preponderance of the evidence. See Tenn. Code Ann. § 50-6-

102(14)(E). 

4 
Based on these findings, the Court holds Ms. Crisp has not come forward with 

sufficient evidence to establish she would prevail at a hearing on the merits regarding the 

essential element of medical causation. 

IT IS, THEREFORE, ORDERED as follows: 

1. The Court denies Ms. Crisp's request for medical and temporary disability benefits 

at this time. 

2. This matter is set for a telephonic Scheduling Hearing on Tuesday, May 15, 2018, 

at 11:00 a.m. Central Time. The parties must call toll-free 855-543-5038 to 

participate in the hearing. Failure to call in may result in a determination of the 

issues without the party's further participation. 

ENTERED March 16, 2018. 

Judge Allen P illips 

Court of Workers' Compens 

APPENDIX 

Exhibits: 

1. Collective Medical Bills (Marked for Identification Only) 

2. Collective Medical Records of Drs. Moffat, Bingham, and Vanegos; East 

Memphis Physical Therapy; and January 3, 2017 denial letter from Cigna 

Insurance for treatment with Dr. Bingham 

3. February 2, 2017 MRI report 

4. Medical Records of Dr. Mark Harriman 

5. Medical Record of Dr. Julian Venegas 

6. Medical Records of Dr. William Moffatt 

7. Panel of physicians 

8. Methodist Hospital Emergency Room Discharge Form 

9. Methodist Hospital Work Release Form 

10.E-mail from Erie Ins. Co. regarding panel of physicians provided to Ms. Crisp 

11. Follow-up e-mail from Erie regarding panel of physicians 

12. E-mail from Erie regarding Dr. Harriman appointment 

13.Dr. Harriman's release to full duty form 

14.Medical Records of Wesley Neurology Clinic 

5 
15. Medical Records of Delta Pain Management 

16. Medical Records of Semmes Murphey Clinic 

17.Medical Records of Dr. Fred Wilson 

18. Medical Records of Unity Medical Clinic 

Technical record: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Expedited Hearing 

4. Motion for Leave to Depose Employee 

5. Order Allowing Deposition of Employee and Setting Expedited Hearing 

6. Motion of Employer to Allow Telephonic Testimony 

7. Order Allowing Telephonic Testimony 

8. Employer's Witness List 

9. Employer's Exhibit List 

CERTIFICATE OF SERVICE 

I 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 March 16, 2018. 

Name Certified First Via Service sent to: 

Mail Class Email 

Mail 

Ronda Crisp, x x 2808 Waters Edge Rd., 

Self-Represented Employee Memphis, TN 38127 

Robert Binkley, Esq., x rbinkley@raineykizer.com 

Attorney for Employer 

& ~~, Pen rum, Court Clerk 

Court of Workers' Compensation Claims 

6