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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

DARNELL BURTON, ) Docket No. 2018-08-1370

Employee, )

v. )

MEMPHIS LIGHT, GAS & WATER, ) State File No. 96632-2017

Employer,

and

ABIGAIL HUDGENS, as 

ADMINISTRATOR of the BUREAU 

OF WORKERS’ COMPENSATION, 

SUBSEQUENT INJURY AND 

VOCATIONAL RECOVERY FUND.

)

)

)

)

)

)

)

Judge Deana Seymour

EXPEDITED HEARING ORDER

The Court convened an Expedited Hearing on July 10, 2019, to determine whether 

Memphis Light, Gas & Water should provide Darnell Burton additional medical benefits 

for complaints allegedly stemming from a work-related motor vehicle accident. MLGW 

argued it provided all benefits to which Mr. Burton is entitled and contended his current 

complaints are not primarily related to the accident. The Court holds Mr. Burton is not 

likely to prevail at trial regarding his claim for additional medical benefits at this time.

History of Claim

Mr. Burton worked as an operator for MLGW. On December 14, 2017, he injured 

his right knee and low back following an accident in a company vehicle. MLGW 

provided a panel of physicians from which he chose Dr. F. Gregory Wolf. 

Dr. Wolf treated Mr. Burton’s right knee and back with medication, physical 

therapy, and epidural steroid injections. He ordered a lumbar MRI, which revealed no 

acute abnormalities but showed multilevel degenerative changes. On February 28, 2018, 

he released Mr. Burton at maximum medical improvement. According to Dr. Wolf, Mr. 

FILED

Jul 12, 2019

12:36 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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Burton was “basically back to baseline” and retained no permanent impairment to his 

knee or back.

In August, Mr. Burton returned to Dr. Wolf with continued complaints of lowback pain. Dr. Wolf prescribed additional medication, placed Mr. Burton on restricted 

work duty, and instructed him to return in two weeks. 

Before he returned, MLGW provided Dr. Wolf with medical records from Mr. 

Burton’s primary care physician, which indicated that he complained of low-back pain 

and radiation into both legs since 2014. MLGW then asked Dr. Wolf whether Mr. 

Burton’s December 14, 2017 work injury contributed more than fifty percent to his 

current symptoms. He said “no” and indicated a pre-existing condition, injury, or 

degenerative condition caused his complaints. MLGW denied further treatment based on 

this response, and Mr. Burton sought treatment on his own.

The treatment included additional physical therapy and epidural steroid injections

from Dr. Andrew Crenshaw, whose October 4, 2018 office note indicated low-back and 

bilateral leg pain that began “a couple of years” before. 

Later, Mr. Burton saw Dr. Keith Williams, who diagnosed chronic back pain. Dr. 

Williams noted that he mentioned back pain “throughout the years,” which worsened 

after his December 14, 2017 motor vehicle accident. Another lumbar MRI showed

multilevel foraminal stenosis, disc bulging and facet hypertrophy that caused mild L2-3 

and moderate L3-4 central canal stenosis.

Mr. Burton asked the Court to order MLGW to provide additional medical 

treatment for his low back. He contended his symptoms worsened after Dr. Wolf released 

him to full duty and now they affect his ability to work. He argued the accident caused 

his condition and suggested the strenuous activities at work aggravated it.

MLGW argued it provided Mr. Burton with all benefits to which he is entitled. It 

relied on Dr. Wolf’s opinion that Mr. Burton’s current complaints were not primarily 

related to his work accident. It further claimed that Mr. Burton complained of low-back 

pain and radiation into his legs since 2014 but failed to mention those symptoms to Dr. 

Wolf.

Findings of Fact and Conclusions of Law

At an Expedited Hearing, Mr. Burton must provide sufficient evidence that he is 

likely to prevail at a hearing on the merits. McCord v. Advantage Human Resourcing, 

2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). Specifically, 

resolution of the present issue turns on whether Mr. Burton established that the accident 

or his physical work duties following his release to full duty primarily caused or 
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aggravated his lumbar spine condition and led to his current complaints.

To prevail, Mr. Burton 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 scope of employment.” Tenn. 

Code Ann. § 50-6-102(14)(A) (2018). 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, 

considering all causes.” Tenn. Code Ann. § 50-6-102(14)(B). Medical evidence is 

generally required to establish a causal relationship, except in the most “obvious, simple 

[or] routine cases.” Berdnik v. Fairfield Glade Cmty. Club, 2017 TN Wrk. Comp. App. 

Bd. LEXIS 32, at *10-11 (May 18, 2017).

To establish an aggravation of a pre-existing condition, Mr. Burton must present 

expert medical evidence that the work incident “contributed more than fifty percent” in 

causing his need for medical treatment of the pre-existing condition when considering all 

other potential causes. Tenn. Code Ann. § 50-6-102(14)(C)-(D); Miller v. Lowe’s Home

Centers, Inc., 2015 TN Wrk. Comp. App. Bd. LEXIS 40, at *13 (Oct. 21, 2015). The 

opinion of the treating physician, selected by the employee from the employer’s 

designated panel of physicians under § 50-6-204(a)(3), shall be presumed correct on the 

issue of causation, but this presumption shall be rebuttable by a preponderance of the 

evidence. Tenn. Code Ann. § 50-6-102(14)(E).

Applying these legal principles, Mr. Burton selected Dr. Wolf from MLGW’s 

designated panel of physicians. According to Dr. Wolf, Mr. Burton’s December 14, 2017 

work injury did not contribute more than fifty percent to his current symptoms when 

considering all other potential causes. MRIs of Mr. Burton’s lumbar spine revealed no 

acute abnormalities but showed multilevel degenerative changes. Moreover, medical 

records from his PCP indicate that he complained of low-back pain and radiation into 

both legs since 2014. While Mr. Burton argued he was able to perform his job duties 

without difficulty before his accident, he did not submit any medical evidence to oppose

Dr. Wolf’s opinion or to establish a work-related aggravation of a pre-existing condition

causing his current symptoms.

For these reasons, Mr. Burton is not likely to prevail at a hearing on the merits on 

his request for additional medical benefits.

IT IS, THEREFORE, ORDERED as follows:

1. Mr. Burton’s request for medical benefits is denied at this time.

2. This case is set for a telephonic Status Hearing on August 26, 2019, at 9:30 

a.m. Central Time. You must call toll-free at 866-943-0014 to participate in the 
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hearing.

ENTERED July 12, 2019.

____________________________________

Judge Deana C. Seymour

Court of Workers’ Compensation Claims
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APPENDIX

Technical record:

TR1. Petition for Benefit Determination

TR2. Dispute Certification Notice 

TR3. Show Cause Order 

TR4. Request for Expedited Hearing, with Mr. Burton’s affidavit

TR5. Transfer Order

TR6. Order on Show Cause Hearing and Setting Expedited Hearing

TR7. Employer’s Response in Opposition to Employee’s Request for Expedited Hearing

Exhibits:

1. Employer’s First Report of Work Injury

2. Employee’s Choice of Physician

3. Wage Statement

4. Medical records filed by Mr. Burton

5. Medical records filed by MLGW

6. Medical bills and prescription costs

7. Dispute Certification Notice

8. Automobile Accident Report

9. Summary of Mr. Burton’s December 16, 2017 statement

10. Brake Inspection Report

11. Tennessee Department of Safety & Homeland Security documents (Collective)

12. City Court Clerk report

13. MLGW’s Response in Opposition to Employee’s Request for Expedited Hearing, 

with attachments

14. X-ray report dated July 8, 2014
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CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on July 12, 2019.

Name Certified 

Mail

Via

U.S. 

Mail

Via 

Email

Service sent to:

Darnell Burton, 

Employee

X X X 4816 Berrydale Ave.

Memphis, TN 38118

darnellburton62@gmail.com

Sean Hunt,

Employer’s Attorney

X sean@thehuntfirm.com

Timothy Kellum,

SIF Attorney

X timothy.kellum@tn.gov

_____________________________________

Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov