## FILED
Xovember 16.201, 6

TN COURTOf WORKIRS'COMFENS_ffiON CLAIMS
Time·1:18PM TENNESSEEBUREAUOFWORKERS' COMPENSATION INTHE COURT OFWORKERS' COMPENSATIONCLAIMS AT MURFREESBORO
DAVID A. ADAMS, Employee, 

### v. LIFEPOINTHOSPITALS,INC., Employer,
And
SAFETYNAT'L CAS. CORP. InsuranceCarrier. ) DocketNo.: 2016-05-0423 ) ) StateFile No.: 4440-2016 ) ) JudgeRobertDurham ) ) ) ) ) )

EXPEDITEDHEARING ORDERDENYINGMEDICALBENEFITS

This matter came before the undersigned Workers' Compensation Judge on November 9, 2016, upon the Request for Expedited Hearing (REH) filed by the employee, DavidA. Adams, on August 15, 2016, pursuantto Tennessee Code Annotated section 50-6-239 (2015). Mr. Adams filed the Request to determine if the employer, Lifepoint Hospitals, Inc., is obligated to pay temporary disability benefits for an alleged work-related injury to his low back occurring on January 9, 2016. 1 Following the issuance ofaDispute CertificationNotice, Lifepointmoved to amendthe DCNto include compensability ofthe alleged January 9, 2016 injury as an issue as well. Mr. Adams did not contestthe motion, whichthe Court grantedby Order entered on October 6, 2016.
The primary issue is whether Mr. Adams sustained an injury to his low back on January 9, 2016, that arose primarily out of and in the course and scope of his employment with Lifepoint. Ifso, a secondary issue is whetherMr. Adams is entitled to temporary disability benefits due to the injury. The Court holds Mr. Adams did not provide sufficient evidence to establish he is likely to prevail at a hearing on the merits

1Atthehearing, theparties stipulatedthe only issue was that ofcompensability andtemporary disability benefits

. Mr. Adams did not seekanymedical benefits. 1that he sustained a low back injury that arose primarily out ofand in the course ofhis employment on January 9, 2016.2 History ofClaim Accordingto his testimony at the hearing, Mr. Adams worked for eightyears as an MRl Technologist at Southern Tennessee Medical Center, owned by Lifepoint Hospitals. On January 9, 2016, a Saturday, he was working alone in the Imaging Department when he transported apatientpossibly suffering from a stroke from the emergency room to the MRlImaging Suite for abrainMRI.
Mr. Adams recounted that, afterperforming the MRI, he transported the patientby gurney from the MRl Suite to Room 309. While attempting to maneuver the gurney through the room's door, it became stuck on the doorjamb. Mr. Adams testified that in an effortto free the gurney, he liftedup one end to move it sideways away from the door. Whenhe did so, he felt a "pull" in his lowback and immediatepainthatradiated from his back to his left knee. Mr. Adams completed his shift and went home without telling anyone about his back pain

. He testified he was scheduled to be offwork for the next four days, and he hopedthe pain would subside, but itworsened instead.
On January 13, the day before he was scheduled to return to work, Mr. Adams sought treatment at Hanson Family Medical with Holly Garland, MSN, NP-C. (Ex. 13.) NP Garland noted Mr. Adams presented for medication refills and follow-up for "back/neck pain." Mr. Adams testified Hanson had provided treatment for his chronic back pain for the past five years and he had taken morphine three times a day for the last fifteen years to combathis backpain.
Inthe January 13 note, NP Garlandrecounted that Mr. Adams "reports an increase in his low back pain recently with radiation down his left leg. Denies any known injury or abnormal movementsto cause increase in pain." (Ex. 13.) On cross-examination, Mr. Adams adamantly maintained he told NP Garland he injured his back at work on January 9 while moving the gurney. He testified he felt the contrary statement was simply a "rubber stamp" form statement contained in all the records, despite the fact that the sentence before documented increased pain and new symptoms. NP Garland prescribed MS Contin to be taken three times a day as well as Percocetto be taken four times a day. Mr. Adams also received an injection ofdexamethasone. !d.
Mr. Adams testified he returned to work the next day and there was "no question" he told his supervisor, John Howard, that he injured his back on January 9 while moving the gurney. Mr. Howard repudiated this testimony through his affidavit. (Ex. 8.) He recounted that Mr. Adams had previously told him about suffering for years from low

2Given this holding, the Court need not specifically address the issue oftemporary disability benefits. 2backpain, and onJanuary 14 told him his back "was sore andpainful." Mr. Howardthen asked him ifhe injured it at work, and Mr. Adams told him he was "unsure." !d. He further testified Mr. Adams never told him he felt a "pop" in his back while pushing a specific patient. !d. At the hearing, Mr. Adams defended his testimony, stating that Mr. Howard was "untruthful," and itwas his understandingthis was one ofthe reasons for his subsequent termination by Lifepoint.
In any event, Mr. Howard performed an "unofficial" MRI of Mr. Adams' low back the next day, which Mr. Adams claimed was a common practice in the Imaging Department. After reviewing it, Mr. Adams asked his family practitioner to "order" an MRI so the film could be reviewed by a doctor, which she did. Atthatpoint, Mr. Adams notified Human Resources about his alleged work-related injury, and spoke with Mandy Summers, Director ofHuman Resources for Lifepoint. He observed she was quite upset aboutthe "unofficial"MRI, but she eventually gavehim apanel from which he chose Dr. John Friedland as his treating physician. An appointment was scheduled for him for January 24.
At the hearing, Lifepoint's counsel subjected Mr. Adams to extensive crossexamination regarding a recorded statement he gave to Michelle Radford, adjuster for Lifepoint's insurance carrier, on January 21. (Ex. 7.) In the recorded statement, Ms. Radford asked Mr. Adams ifhe had "previous back pain or prior back injuries." He responded by stating, "No, I haven't had prior back injuries. Think like everybody else, I've had occasional back pain, when you spend all day working in the garden or something. But I've never injured my back before." (Ex. 7 at 11.) When asked by Lifepoint's counsel about this statement in relation to his admission that he has suffered from chronic backpain for fifteen years for which he daily takes MS Contin, Mr. Adams testified he thoughtMs. Radford was asking about spinal injuries as opposed to low back strains.
Ms. Radford then asked ifhe ever received treatment for his low back before or saw a physician for any kind ofbackpain. Mr. Adams responded "no"to both questions. (Ex. 7 at 12.) When asked atthe hearing to explain his answers to Ms. Radford in light of his history, Mr. Adams said he did not think of medication as treatment, which he considers to be manipulations, physical therapy, etc. He further stated he does not see a physician at Hanson, but a nurse practitioner, and Ms. Radford specifically asked him about seeing aphysician.
Ms. Radford asked Mr. Adams ifhe had ever undergone an MRI ofhis low back. Mr. Adams again answered "no." !d. At the hearing, Lifepoint's counsel introduced an MRI report ofMr. Adams' low back from 2009. (Ex. 6.) Mr. Adams claimed he forgot about that MRI at the time ofthe statement. Ms. Radford also asked Mr. Adams ifhe ever suffered from pain radiating to his left leg before. Mr. Adams said "no." (Ex. 7 at 12.) The MRI scan from 2009 refers to low back and hip pain. (Ex. 6.) Mr. Adams
3explained this during the hearing by stating the pain was in the muscle above the hip and didnotradiate like the pain from the allegedJanuary 9, 2016 incident. Finally, after discussing his currentpain level, Ms. Radford askedMr. Adams ifhe was taking any medicine. Mr. Adams told her he was taking "muscle relaxer and ibuprofen." (Ex. 7 at 16.) At the hearing, Lifepoint's counsel reminded Mr. Adams that he had beentaking narcotics for backpain for fifteen years and receivedprescriptions for MS-Contin and Percocet from Hanson only a few days before his recorded statement. He asked him why he did not tell Ms. Radford about these medications. Mr. Adams responded that even though he had the prescriptions, he was not taking narcotics at the time he gave the statement because he was waiting for his appointment with Dr. Friedland onthe 24th.
Mr. Adams concluded his proofby submitting a record from Dr. Friedland dated May 9, 2016, diagnosinghim with a herniated disc and recommending surgery. The note also took Mr. Adams offwork pending surgery. (Ex. 12.) Lifepoint never paid any temporary disability benefits to Mr. Adams, and after receipt ofhis medical records from Hansen, denied the compensability ofthe claim entirely.
At the hearing, Mr. Adams contended he suffered from a low back injury on January 9, 2016, while pushing a patient on a gurney during the course and scope ofhis employment with Lifepoint as an MRI technologist. Lifepoint countered by arguing Mr. Adams account is not credible given his history and the testimony ofMr. Howard. As a result, Mr. Adams' claim should be denied. Findings ofFact and Conclusions ofLaw
The Court considers the following legal principles in reaching its conclusions in this matter. The Court must interpretthe Workers' CompensationLaw fairly, impartially and in accordance with basic principles of statutory construction favoring neither the employee nor employer. Tenn. Code Ann. § 50-6-116 (2015). Mr. Adams has the burden ofproofon all essential elements ofhis workers' compensation claim. Scott v. Integrity Staffing Solutions, No. 2015-01-0055, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Tenn. Workers' Comp. App. Bd. Aug. 18, 2015).
Mr. Adams need not prove every element ofhis claim by a preponderance ofthe evidence in order to obtain reliefat an expedited hearing. McCordv. Advantage Human Resourcing, No. 2014-06-0063, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Tenn. Workers' Comp. App. Bd. Mar. 27, 2015). At an expedited hearing, Mr. Adams has the burden to come forward with sufficient evidence from which the trial court can determine she is likely to prevail at a hearing on the merits. /d. This lesser evidentiary standard "does not relieve an employee ofthe burden ofproducing evidence ofan injury by accident that arose primarily out ofand in the course and scope ofemployment at an 4expedited hearing, but allows some reliefto be granted ifthat evidence does not rise to the level of a 'preponderance ofthe evidence."' Buchanan v. Carlex Glass Co., No. 2015-01-0012, 2015 TN Wrk. Comp. App. Bd. LEXIS 39, at *6 (Tenn. Workers' Comp. App. Bd. Sept. 29, 2015).
A finding that Mr. Adams is likely to prevail at a hearing on the merits regarding the compensability ofhis claim first requires the Courtto find it likely that the January 9, 2016 incident involving the gurney actually occurred as he described. Given that this alleged incident was unwitnessed, and went undocumented until January 15, when he reported it to Human Resources after reviewing an "unofficial" MRI ofhis back, such a finding hinges on the Court determining Mr. Adams is a credible witness. The Court is unableto do so. Inconsistencies in testimony are to be expected. No one has perfect recall or complete understanding when giving testimony or providing a statement to another. However, given the breadth and scope ofMr. Adams' clear misrepresentations to Ms. Radford concerning his history oflow backpain, the Court can only draw the conclusion that he was intentionally trying to mislead her. Of greater consequence, Mr. Adams failed to admit to these misrepresentations when testifying under oath, instead choosing to try justifying his responses with excuses and explanations the Court finds unpersuas1ve. Thus, given that the Court finds Mr. Adams is not a credible witness, the Court also finds Mr. Adams is unlikely to prevail at a hearing on the merits in establishing that he sustained a work-related injury to his low back on January 9, 2016. This is particularly true given that the records from Hanson and Mr. Howard's affidavit contravene his testimony. As a result, the Court holds that Mr. Adams' claim for disability benefits is denied atthis time.

IT 

### IS, THEREFORE, ORDERED as follows:
1. Mr. Adams' request for workers' compensationbenefits is denied, atthistime.
2. This matter is set for Initial Hearing/Status Conference on January 18, 2017, at 10:30 a.m. C.T.
ENTERED THIS THE 16TH DAY OF NOVEMBER, 2016.

# ~ Court ofWorkers' Compensation Claims
5InitialHearing/StatusConference:
An Initial Hearing/Status Conference has been set with Judge Robert Durham, Court ofWorkers' Compensation Claims. You must call 615-253-0010 or toll-free at866-689-9049 to participatein theInitialHearing.
Please Note: You must call in on the scheduled date/time to participate. Failure to call in may result in a determination ofthe issues without your further participation. All conferences are setusing CentralTime (CT). Rightto Appeal:
Tennessee Law allows any party who disagrees withthis Expedited Hearing Order to appeal the decision to the Workers' Compensation Appeals Board. To file aNotice of Appeal, you must: 1. Completethe enclosed form entitled: "ExpeditedHearingNotice ofAppeal."
2. File the completed form with the Court Clerk within seven business days ofthe date the Workers' CompensationJudge enteredthe ExpeditedHearing Order.
3. Serve a copy ofthe ExpeditedHearingNotice ofAppeal upon the opposingparty. 4. The appealing party is responsible for payment ofa filing fee in the amount of $75.00. Within ten calendar days after the filing ofa notice ofappeal, payment mustbereceivedby check, money order, or credit card payment. Payments canbe made in person at any Bureau office or by United States mail, hand-delivery, or other delivery service. In the alternative, the appealingparty may file an Affidavit ofIndigency, on a form prescribed by the Bureau, seeking a waiver ofthe filing fee. The Affidavit ofIndigency may be filed contemporaneously with the Notice ofAppeal or must be filed withinten calendar days thereafter. The Appeals Board will consider the Affidavit ofIndigency and issue an Order granting or denying the request for a waiver of the filing fee as soon thereafter as is practicable. Failure to timely pay the filing fee or file the Affidavit of lndigency in accordance with this section shall result in dismissal of the appeal.
5. The parties, having the responsibility of ensuring a complete record on appeal, may request, from the Court Clerk, the audio recording of the hearing for the purpose ofhaving a transcript prepared by a licensed court reporter and filing it with the Court Clerk within ten calendar days of the filing of the Expedited Hearing Notice ofAppeal. Alternatively, the parties may file ajoint statement of the evidence within ten calendar days of the filing of the Expedited Hearing
6Notice ofAppeal. The statement ofthe evidence must convey a complete and accurate account of what transpired in the Court of Workers' Compensation Claims and must be approved by the workers' compensation judge before the record is submittedto the Clerk ofthe AppealsBoard.
6. Ifthe appellant elects to file a position statement in support ofthe interlocutory appeal, the appellant shall file suchposition statement with the Court Clerk within five business days ofthe expiration ofthe time to file a transcript or statement of the evidence, specifying the issues presented for review and including any argument in support thereof. A party opposing the appeal shall file a response, if any, with the Court Clerkwithin five business days ofthe filing ofthe appellant's position statement. All position statements pertaining to an appeal of an interlocutory order should include: (1) a statement summarizing the facts ofthe case from the evidence admitted during the expedited hearing; (2) a statement summarizing the disposition ofthe case as a result ofthe expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an argument, citing appropriate statutes, case law, orother authority.

7APPENDIX
Exhibits:
1. Affidavit ofDavidA. Adams 2. Wage Statement 3. Job Description from Mr. Adams 4. Medicalrecords ofDr. John Friedland 5. Medicalrecords ofHansonFamilyMedical 6. MRIreport datedApri123, 2009 7. Recorded statement from Mr. Adams 8. Affidavit ofJohnHoward 9. Deposition ofDavidAdams 10

. MRI report dated January 16, 2016 11. Certificateto Returnto Work dated January 27, 2016 12. Report from Dr. Friedlanddated May 9, 2016 13. Record from HansonFamilyMedical dated January 13, 2016
TechnicalRecord:
1. Petition for BenefitDetermination 2. Dispute CertificationNotice 3. Motionto AmendDispute CertificationNotice 4. Order SettingExpeditedHearing and GrantingMotionto Amend DCN 5. Lifepoint's Pre-Hearing Statement

8CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Expedited Hearing Order Denying Benefits was sent to the following recipients by the following methods of service onthis the 16th day ofNovember,2016.

Name Certified Mail DavidAdams X

CliffWilson Via Via Service sentto: Fax Email X 253 Hunt HollowDrive Estill Springs, TN 37330 Papabass53@yahoo.com X cwilson@howardtatelaw.com

Penny rum, Clerk ofCourt CourtofWorkers' Compensation Claims WC.CourtClerk@to.gov

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