FILED

Jan 31, 2020

11:01 AM(ET)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSE BUREAU OF WORKERS' COMPENSATION 

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT CHATTANOOGA 

Jeffrey Jones, 

Employee, 

v. 

Columbus McKinnon Corp., 

Employer, 

And 

Safety National Casualty Corp., 

Carrier. 

) Docket No.: 2019-01-0024 

) 

) 

) State File No.: 3286-2019 

) 

) 

) Judge Thomas Wyatt 

) 

EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS 

This Expedited Hearing concerned two issues: (1) whether Jeffrey Jones gave 

Columbus McKinnon Corp. (CMC) satisfactory notice of an alleged May 10, 2018 work 

injury; and (2) if the claim is not barred by lack of notice, whether Mr. Jones's current 

symptoms arise from a 2014 amputation or a new work-related injury. For the reasons 

below, the Court holds that Mr. Jones did not establish entitlement to the requested 

benefits. 

History 

In 2014, Mr. Jones suffered partial amputation injuries to his right index and long 

fmgers while working at CMC. He underwent surgery and eventually returned to work. 

Later he settled his claim with open medical benefits under hand surgeon Dr. Mark 

Brzezienski's care. 

On May 10, 2018, Mr. Jones experienced right upper-extremity pain while 

handling parts at CMC. He testified that, although he had experienced residual pain in 

his amputated fmgers and his palm since his return to work, the pain he felt on May 1 0 

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was something "he never felt before." Mr. Jones described the pain as radiating from his 

hand down his arm into his elbow. 1 

Mr. Jones testified that he reported his pain to CMC supervisor Kevin Schlageter. 

He initially stated that he told Mr. Schlageter "what happened," but conceded on crossexamination that he did not explain how he got hurt. Mr. Schlageter took Mr. Jones to 

Stephen Byer, who handles CMC's workers' compensation· claims. Mr. Byer then 

obtained an appointment for Mr. Jones to see Dr. Brzezienski under his 2014 claim. Mr. 

Byer testified that neither Mr. Jones nor Mr. Schlageter told him that Mr. Jones was 

claiming a new work injury. 

On May 18, Mr. Jones saw a provider at UT Family Practice for his pain. He saw 

Dr. Brzezienski approximately three weeks later. Neither provider noted that Mr. Jones 

reported suffering an injury on May 10. Dr. Brzezienski diagnosed carpal tunnel and 

Guyon's canal syndromes and recommended surgery. CMC approved the surgeries as 

treatments associated with Mr. Jones's amputation injury. Mr. Jones declined to undergo 

the procedures "on the advice of counsel." 

Mr. Jones filed a Petition for Benefit Determination seeking a panel from which to 

select a physician to treat his May 2018 injury.2 He did not submit medical evidence in 

support of this claim. CMC argued that Mr. Jones's claim is barred for lack of notice, but 

also submitted Dr. Brzezienski's deposition testimony in defense of its position that Mr. 

Jones's complaints stem from his 2014 injury. 

On the issue of causation, Dr. Brzezienski testified that Mr. Jones experienced 

normal post-operative pain in his right hand and amputated fmgers. His January 2015 

note indicated that Mr. Jones reported significant "dysethesias" (altered sensation) in his 

right hand. He placed Mr. Jones at maximum medical improvement in March 2015. 

Mr. Jones did not see Dr. Brzezienski again until February 2017, when Mr. Jones 

reported that, for the past several months, he had experienced intermittent pain in the 

right forearm and pain and tingling in his right hand. Dr. Brzezienski's notes did not 

include a reported new injury, and he testified that he related the described symptoms to 

the amputation injury. 

Mr. Jones next saw Dr. Brzezienski on June 12, 2018, approximately four weeks 

after the asserted May 10 injury. He reported "funny feelings in his hand [and] 

significant dysesthesias[.]" Dr. Brzezienski described Mr. Jones's symptoms as "carpal 

1 The affidavit Mr. Jones signed in support of his Request for Expedited Hearing did not mention elbow 

rain. 

Mr. Jones also sought temporary disability benefits in his PBD. That issue is not before the Court 

because the Dispute Certification Notice did not certifY it for adjudication. 

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tunnel syndrome symptoms." He did not note that Mr. Jones related his symptoms to a 

new work injury. 

Dr. Brzezienski testified that the symptoms Mr. Jones reported on June 12 differed 

from those reported in 2017 because the tingling was more severe and Mr. Jones did not 

previously report forearm and hand pain. However, Dr. Brzezienski causally related 

these "carpal tunnel syndrome symptoms" to Mr. Jones's amputation, stating: 

When you have an amputation of the bones of your fingers, the tendons 

actually draw back into your palm. So the pathophysiology of carpal 

tunnel syndrome is compression of the median nerve in the 

compartment, in the carpal tunnel. If your tendon draws back and 

bunches up in the carpal tunnel, they create a volume situation which is 

frequently seen in amputation patients. 

On cross-examination, Dr. Brzezienski testified that Mr. Jones's repetitive work 

with his right hand "could exacerbate his underlying problem." However, he further 

explained that "it was no surprise to me that he came back with median nerve 

compression" because he had reported similar symptoms post-surgery. When asked to 

assume that Mr. Jones's May 10 symptoms were precipitated by repetitive work activity, 

Dr. Brzezienski responded that he could not separate amputation-related symptoms from 

those caused by repetitive work. However, he did not change his causation opinion.3 

Findings of Fact and Conclusions of Law 

General Legal Principles 

Mr. Jones must come forward with sufficient evidence from which the Court can 

determine he is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-

239(d)(l) (2019); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. 

Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). When causation is at issue, he must show that 

his alleged injuries arose primarily out of and in the course and scope of employment. 

This includes showing "to a reasonable degree of medical certainty that [the work 

incident] contributed more than fifty percent (50%) in causing ... disablement or need 

for medical treatment, considering all causes." "Shown to a reasonable degree of medical 

certainty" means that a physician must give a causation opinion using a "more likely than 

not" standard, as opposed to speculation or possibility. Injuries that aggravate preexisting conditions are compensable if the aggravation arose primarily out of and in the 

course and scope of employment. See Tenn. Code Ann.§ 50-6-102(14). 

3 Dr. Brzezienski also testified that Mr. Jones might have developed deQuervain's tendonitis in his postamputation hand but stated that this condition had resolved. He additionally concluded that Mr. Jones did 

not have cubital tunnel syndrome, even though the nerve conduction study showed positive findings. 

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Notice 

The Workers' Compensation Law mandates that "[e]very injured employee ... 

shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable 

and practicable, give or cause to be given to the employer who has no actual notice, 

written notice of the injury." Tenn. Code Ann. § 50-6-201. Mr. Jones claimed that he 

gave CMC management notice of his new injury right-upper-extremity injury on the date 

it occurred. CMC countered that Mr. Jones only reported that he was experiencing pain; 

he did not report a new injury. Thus, CMC said it justifiably scheduled an appointment 

with the physician authorized to treat his amputations. For these reasons, CMC asserted 

that Mr. Jones's claim that he sustained a new injury to his right upper extremity on May 

10, 2018, must fail for lack of notice. 

In considering this issue, the Court recognizes that Mr. Jones testified on direct 

examination that he told CMC management how he allegedly hurt his right upper 

extremity in May 2018. However, he retreated from that testimony on crossexamination. For that reason, the Court gives more weight to Mr. Byer's testimony. He 

testified that neither Mr. Jones nor Mr. Schlageter told him that Mr. Jones claimed a new 

work injury. Thus, Mr. Byer scheduled an appointment with Dr. Brzezienski. The Court 

also notes that neither UT Family Practice nor Dr. Brzezienski recorded that Mr. Jones 

gave a history of injuring his right arm at work on May 10. In view of the above, the 

Court holds that Mr. Jones will not likely prevail at trial in establishing that he gave CMC 

notice of sustaining a new right-upper extremity injury on May 10,2018. 

However, the above holding does not end the notice issue. The notice statute also 

requires the employer to show prejudice before a lack of notice can form the foundation 

of a denial of benefits. See Tenn. Code Ann. § 50-6-201(a)(3); Buckner v. Eaton Corp., 

2016 TN Wrk. Comp. App. Bd. LEXIS 84, at *11-12 (Nov. 9, 2016). Here, CMC failed 

to establish it will likely prevail at trial in showing prejudice. In support, the Court notes 

that Mr. Jones informed CMC management that he claimed he could not work due to 

pain. This notice caused CMC to send Mr. Jones to Dr. Brzezienski, who provided a 

causation opinion favorable to its position. 

Causation 

The only causation opinion before the Court is Dr. Brzezienski's. While Mr. 

Jones's cross-examination might have caused him to equivocate slightly, it is still clear 

that the doctor concluded that Mr. Jones's current symptoms relate to his amputation 

injury. Even had Mr. Jones negated Dr. Brzezienski's opinion, which he did not, the 

Court could not rule in Mr. Jones's favor because he did not come forward with a 

medical opinion that he sustained a new work-related injury. 

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The Court holds that Mr. Jones has not met his burden of establishing that he will 

likely prevail at trial on causation. Thus, the Court denies Mr. Jones's request for 

medical benefits at this time. While he might be entitled to medical benefits under the 

settlement of the 2014 amputation injury, the Court cannot award him those benefits in 

this claim. 

IT IS, THEREFORE, ORDERED as follows: 

1. Mr. Jones is not entitled to the requested benefits. 

2. This case is set for a Status Hearing at 10:30 a.m. Eastern Time on May 1, 2020. 

The parties must call (615) 741-3061 or toll-free at (855) 747-1721 to participate. 

Failure to call in might result in a determination of the issues without your further 

participation. 

ENTERED January 31, 2020. 

Jud Court f!Z::w{J of Workers' Compensation /l ~ Claims 

APPENDIX 

Exhibits: The Court admitted the following exhibits into evidence during the Expedited 

Hearing: 

1. Affidavit of Jeffrey Jones 

2. Records of UT Family Practice 

3. Records of Dr. Mark Brzezienski 

4. Transcript of Dr. Brzezienski's deposition 

5. Letter to Dr. Brzezienski with his handwritten responses 

6. Records ofErlanger Medical Center (operative report) 

7. First Report of Injury 

8. 2017 Settlement Order4 

9. Summary Judgment orders 

10. Declaration of Brittney Simmons 

11. Excerpts from the transcript of the deposition of Jeffrey Jones. 

4 Mr. Jones objected to exhibits 3 through 8 on the grounds that his treatment from Dr. Brzezienski was 

irrelevant to his new injury. The Court overruled the objections. 

5 
Technical record: The Court considered the following filings: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Expedited Hearing filed July 3, 2019 

4. Request for Expedited Hearing filed October 16, 2019 

5. Order Scheduling Expedited Hearing 

6. Notice of Expedited Hearing 

7. Employer Witness List 

8. Employer Position Statement 

9. Employer Pre-Hearing Statement 

10.Employer Notice of Filing 

11. Employee Position Statement. 

CERTIFICATE OF SERVICE 

I certify that a copy of the Order was sent as indicated on January 31, 2020. 

Name Certified Email Service sent to: 

Mail 

Kent T. Jones X Joneslaw08@gmail.com 

Employee's Attorney 

Robert J. Uhorchuk X rju@spicerfinn.com 

Employer's Attorney kburke_@s_Q_icerfinn.com 

Penny ShrUIII:CourtCiel'k / W c.courtclerk@tn.gov 

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