TENNESSEE DIVISION OF WORKERS’ COMPENSATION 

WORKERS’ COMPENSATION APPEALS BOARD 

Employee: Cynthia King ) Docket No. 2014-06-0062 

) 

Employer: Letica Corporation ) State File No. 90963-2014 

CERTIFICATE OF SERVICE 

 

I hereby certify that a true and correct copy of the Appeals Board’s decision in the 

referenced case was sent to the following recipients by the following methods of service 

on this the 19th day of June, 2015. 

Name Certified 

Mail 

First Class 

Mail 

Via 

Fax 

Fax 

Number 

Via 

Email 

Email Address 

Cynthia King X X 2un4getable@gmail.com 

529 Gale Drive 

Clarksville, TN 37040 

Frederick Hodge X Fhodge@howell-fisher.com 

Kenneth M. Switzer, 

Chief Judge

 X Via Electronic Mail

Penny Shrum, Clerk, 

Court of Workers’ 

Compensation Claims

 X Penny.Patterson-Shrum@tn.gov

 

Matthew Salyer

Clerk, Workers’ Compensation Appeals Board

220 French Landing Dr., Ste. 1-B 

Nashville, TN 37243 

Telephone: 615-253-1606 

Electronic Mail: Matthew.Salyer@tn.gov 
Employee: Cynthia King 

Employer: Letica Corporation 

Appeal from the Court of Workers' 

Compensation Claims 

Kenneth M. Switzer, Chief Judge 

) Docket No. 2014-06-0062 

) 

) State File No. 90963-2014 

) 

) 

) ) ) 

Dismissed and Remanded- Filed June 19, 2015 

OPINION DISMISSING APPEAL OF INTERLOCUTORY ORDER OF COURT 

OF WORKERS' COMPENSATION CLAIMS 

This interlocutory appeal involves an employee who alleges work-related cumulative 

trauma to her wrists and hands. The employer provided a panel of doctors from which 

the employee selected an authorized treating physician. The physician concluded that the 

employee's condition is not work-related, and the employer denied further workers' 

compensation benefits. The employee filed a Request for Expedited Hearing to determine whether the employer is obligated to provide medical and temporary disability 

benefits. The trial court concluded that the employee failed to rebut the statutory 

presumption that the authorized treating physician's causation opinion is correct and 

denied the employee's claim on grounds of compensability. The employee filed an 

Expedited Hearing Notice of Appeal sixteen days following the issuance of the trial 

court's expedited hearing order. We dismiss the appeal as untimely and remand the case 

for any further necessary proceedings. 

Judge David F. Hensley delivered the opinion of the Appeals Board, in which Judge 

Timothy W. Conner, joined; Judge Marshall L. Davidson, III, not participating. 

1 
expedited hearing to determine whether Letica Corporation ("Employer") is obligated to 

provide medical benefits and temporary disability to Cynthia King ("Employee") as a 

result of an alleged work-related cumulative trauma condition involving Employee's 

wrists and hands. Included in the medical records admitted into evidence at the hearing is 

a two-page report of Employee's December 29, 2014 visit with the authorized treating 

physician selected by Employee from a panel of physicians provided by Employer. The 

report includes the physician's opinion that Employee "does not appear to have workrelated carpal tunnel syndrome," and it states that "[t]here does not appear to be anything 

specific to either hand [that] would be work related from my standpoint." 

On May 12, 2015, the trial court issued an expedited hearing order finding that 

Employee failed to rebut the statutory presumption that the authorized treating 

physician's causation opinion is correct. See Tenn. Code Ann.§ 50-6-102(13)(E) (2014). 

Concluding that Employee failed to demonstrate that she would likely prevail at a hearing 

on the merits as contemplated in Tennessee Code Annotated section 50-6-239(d)(1) 

(2014), the trial court's May 12, 2015 order denied Employee's request for benefits on 

the grounds of compensability. On May 28, 2015, Employee filed an Expedited Hearing 

Notice of Appeal challenging the denial of medical benefits for her alleged injury. 

Analysis 

Tennessee Code Annotated section 50-6-217(a)(2) (2015) states that "[a]ny party 

aggrieved by an order for temporary disability or medical benefits or an order either 

awarding permanent disability or medical benefits or denying a claim for permanent 

disability or medical benefits issued by a workers' compensation judge may appeal the 

order to the workers' compensation appeals board by filing a notice of appeal on a form 

prescribed by the administrator." Subsection (a)(2)(A) addresses how review of an 

interlocutory order is to be accomplished: 

Within seven (7) business days after issuance of an interlocutory 

order for temporary disability or medical benefits by a workers' 

compensation judge, either party may appeal the interlocutory order by 

filing a notice of appeal with the clerk of the court of workers' 

compensation claims. 

Tenn. Code Ann. § 50-6-217(a)(2)(A) (2015). 

2 
LEXIS 200 (Tenn. Workers' Comp. Panel, May 1, 2002); Bates v. Command Center, 

Inc., No. 2014-06-0053, slip op. at 3 (Tenn. Workers' Comp. App. Bd. Apr. 2, 2015). 

Accordingly, the appeal is untimely. 

Conclusion 

Employee's appeal is untimely and is dismissed. The case is remanded for any 

further proceedings that may be necessary. 

~~---- Workers' Compensation Appeals Board 

3