### FILED Mar 16, 2018 04:27 PM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMSMs. Crisp went to the Methodist Hospital emergency room. The Methodistrecords included only a discharge form that noted the reason for the visit was a "handinjury" and that the provider returned her to work without restriction as of September 10. The providerrecommended Ms. Crisp follow up with aphysician ifshe 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] f amily physician,' so Ms. Bennett scheduled an appointment for herwith Dr. JulianVanego . 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 ofpain in "both arms" and "both knees" for one week. He recommended physical therapy and a functional capacity exam. As pertinent here, Dr. Vanegos noted the following underthe history:

• Handpainwithonsetofone weekatwork • Knee pain with onset one year ago because of"long-term heavy lifting" • Shoulderpain for one week • Neckpainwith onset ofseveral weeks ago "duringwork" • 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 ofphysicians 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 ofneck and shoulderpain. Inthe 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 presentjob 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. 2Dr. Harriman released Ms. Crisp to full duty as ofOctober 10, and Ms. Bennett said Castlehadwork available for her atthe time.
Ms. Crisp claimed Dr. Vanegas referred her to Dr. William Moffatt but produced no record ofthis referral. Instead, the limited records ofDr. Moffatt indicated an October 11 visit where Ms. Crisp reported neck and bilateral shoulder problems. Dr. Moffatt suspected carpal tunnel syndrome and degeneration ofa 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 ofher 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. Atthat time, providers at Semmes Murphey Clinic recorded Ms. Crisp complained ofneck, arm, back, and leg pain that "clearly had beenpresent for 10 years." Semmes Murphey providers also noted hand, wrist, and armpain in September 2014. On November 24, 2014, Ms. Crisp told aprovider 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 armpain 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 medicalproviders 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 herpain came from work. She attributed all ofher problems to herjob 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 ofmedical 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.

3Findings ofFact and Conclusions ofLaw Standardapplied
Ms. Crisp must come forward with sufficient evidence from which this Court might determine she is likely to prevail at a hearing onthe 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 ofand in the course and scope ofheremployment andthatit was caused by an incident, or specific set ofincidents, identifiable by time and place ofoccurrence. 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 causingthe

... 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 ofher 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, whenMs. Crisp complainedthat "heavy lifting at work" caused ofher 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 hercredibility. 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 ofher 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 thatpresumption by apreponderance ofthe evidence. See Tenn. Code Ann. § 50-6- 102(14)(E).
4Based 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 ofmedical causation.
ITIS, THEREFORE, ORDERED as follows: 1. The Court denies Ms. Crisp'srequest for medical andtemporary disability benefits atthis time. 2. This matter is set for atelephonic 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 ofthe issues withouttheparty's furtherparticipation.
ENTEREDMarch 16, 2018.

JudgeAllen P illips CourtofWorkers' 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 withDr. Bingham 3. February 2, 2017 MRI report 4. Medical Records ofDr. MarkHarriman 5. Medical Record ofDr. Julian Venegas 6. Medical Records ofDr. William Moffatt 7. Panel ofphysicians 8. MethodistHospital EmergencyRoom Discharge Form 9. Methodist Hospital WorkRelease Form 10.E-mailfrom Erie Ins. Co. regardingpanel ofphysicians providedto Ms. Crisp 11.Follow-up e-mail from Erie regardingpanel ofphysicians 12.E-mail from Erie regarding Dr. Harriman appointment 13.Dr. Harriman'srelease to full duty form 14.MedicalRecords ofWesley Neurology Clinic
515.Medical Records ofDeltaPainManagement 16.Medical Records ofSemmes Murphey Clinic 17.MedicalRecords ofDr. Fred Wilson 18.Medical Records ofUnity Medical Clinic Technical record: 1. Petition for BenefitDetermination 2. Dispute CertificationNotice 3. Request for Expedited Hearing 4. Motion for Leave to DeposeEmployee 5. OrderAllowing Deposition ofEmployee and SettingExpedited Hearing 6. Motion ofEmployerto AllowTelephonic Testimony 7. OrderAllowingTelephonic Testimony 8. Employer's Witness List 9. Employer's ExhibitList

CERTIFICATE OF SERVICE
I certify that a true and correct copy ofthis Expedited Hearing Order was sent to the following recipients by the following methods ofservice on March 16, 2018.
Name Certified First Via Service sent to: Mail Class Email Mail Ronda Crisp, 

## x x 2808 Waters Edge Rd., Self-RepresentedEmployee Memphis, TN 38127 RobertBinkley, Esq., 

## x rbinkley@raineykizer.com Attorney for Employer 

# &**~~ ,** 

# Pen**rum,** Court Clerk CourtofWorkers' Compensation Claims

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