FILED

Jul 30, 2019

09:18 AM(ET)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS' COMPENSATION 

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT KNOXVILLE 

PHILLIP MULLIS SR., ) Docket No. 2018-03-1517 

Employee, ) 

v. ) 

BLOUNT COUNTY COMMUNITY ) 

ACTION AGENCY, ) State File No. 90221-2018 

Employer, ) 

And ) 

PUBLIC ENTITY PARTNERS, ) 

Carrier. ) Judge Lisa A. Lowe 

EXPEDITED HEARING ORDER DENYING BENEFITS 

This case came before the Court on Phillip Mullis Sr.'s Request for Expedited 

Hearing. The issue is whether Mr. Mullis established that he is likely to prevail at a 

hearing on the merits in proving entitlement to benefits for an alleged work-related 

hernia. 1 For the reasons below, the Court finds that Mr. Mullis failed to do so and denies 

the requested benefits. 

History of Claim 

Mr. Mullis worked for Blount County Community Action Agency (BCCAA). His 

duties included delivering meals to the elderly and picking up food from a food bank. 

Mr. Mullis testified that on either September 3, 4 or 5, 2018, he felt a sharp pain 

and heard a "pop" on his left side when he bent over to pick up a box of food. He stated 

that Lynnda Manville, the Supervisor and Senior Nutrition Director, asked if he was all 

right, and he replied no. Mr. Mullis also alleged that Ms. Manville witnessed him yell out 

1 Both the Petition for Benefit for Determination (PBD) and the Dispute Certification Notice (DCN) listed 

a hernia injury. At the beginning of the hearing, Mr. Mullis confirmed that the issue before the Court was 

whether he sustained a work-related hernia. However, he later testified that he actually sustained a 

pinched left femoral artery. Since Mr. Mullis did not include the pinched left femoral artery claim on the 

PBD or DCN, the Court is unable to address that issue. 

1 
in pain and co-worker Renee Jennings helped him to his car because of the injury. He 

testified that he did not return to work until the following Monday. 

Mr. Mullis claimed that he had a swollen groin and a hemorrhaged/purple left leg 

from the work injury. After continuing to work for a month, he asked for time off to see 

the doctor. Instead of granting his request, BCCAA fired him. He said he "selfdiagnosed" himself with a hernia, but a Veteran's Administration (VA) doctor informed 

him he might have a pinched femoral artery. 

BCCAA claimed Mr. Mullis furnished no medical evidence establishing that he 

sustained a work-related hernia and failed to provide timely notice of his alleged injury. 

Specifically, BCCAA alleged that it first learned of Mr. Mullis's alleged hernia through a 

letter from the Bureau of Workers' Compensation on November 27, 2018, requesting it 

file a Tennessee Employer's First Report of Work Injury. BCCAA also claimed its time 

records show that Mr. Mullis worked his full six-hour shifts the two days following the 

alleged date of injury, and he continued working his regular shifts through September 26 

with September 20 as the only exception. 

In response to the Bureau's inquiry, BCCAA's carrier obtained Mr. Mullis's 

recorded statement. In that statement, Mr. Mullis admitted he did not know the date he 

allegedly became injured but said that it was sometime in September. BCCA provided 

Ms. Manville's affidavit, in which she stated that she did not hear Mr. Mullis call out or 

make any type of exclamation of pain on September 5. She further denied that he told her 

that he suffered a work injury. Additionally, Ms. Manville stated that she did not tell Mr. 

Mullis to go home and the time records support her version of the facts over Mr. Mullis's. 

Ms. Manville noted that on September 27, Mr. Mullins called in sick, and on 

September 28 he asked to work fewer days due to problems with his mother. At that time, 

Mr. Mullis relayed to Ms. Manville that he had a tentative date of October 12 for right 

hernia surgery. Ms. Manville indicated she was unable to reach Mr. Mullis at the 

worksite later on September 28, and he never returned. As a result, BCCAA determined 

that Mr. Mullis quit. 

BCCAA provided an affidavit from co-worker Violet Ross, which stated Mr. 

Mullis told her on multiple occasions that he had a hernia for several years that needed 

repair, but he was unable to schedule the surgery. Additionally, Mr. Mullis's VA records 

showed he had a right inguinal hernia as far back as April 20 11. 

Notwithstanding the inconsistencies between Mr. Mullis's and Ms. Manville's 

affidavit testimonies, BCCAA also questioned the alleged incident on the basis that no 

food products or other goods were unloaded or unpacked on September 5. BCCAA 

additionally alleged that no deliveries were made on that day or the day before. 

2 
Findings of Fact and Conclusions of Law 

At an expedited hearing, Mr. Mullis must show he would likely 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). 

For his hernia claim, Mr. Mullis must definitely prove to the satisfaction of the 

Court that: 

(1) There was an injury resulting in hernia or rupture; 

(2) The hernia or rupture appeared suddenly; 

(3) It was accompanied by pain; 

( 4) The hernia or rupture immediately followed the accident; and 

(5) The hernia or rupture did not exist prior to the accident for which 

compensation is claimed. 

Tenn. Code Ann. § 50-6-212(a) (2018). The hernia must result from an "injury by 

accident arising primarily out of and in the course and scope" of Mr. Mullis's 

employment. !d. This statutory criterion is "intended to insure that a claimant's hernia ... 

'result[ ed] from the accident for which compensation is claimed,' and not to a past 

condition which is unrelated to the new injury." Rhodes v. Careall, Inc., No. W2010-

02192-WC-R3-WC, 2011 Tenn. LEXIS 1157, at *11 (Tenn. Workers' Comp. Panel Dec. 

20, 2011). 

The Court finds Mr. Mullis failed to definitively prove the hernia criteria. First, he 

failed to provide any medical proof that he sustained a work injury that resulted in a 

hernia or rupture. Second, Mr. Mullis discussed the fact that his left leg, from groin to 

toe, turned purple, but he did not testifY about an immediate bulge in his groin. Third, Mr. 

Mullis described pain following an incident at work, but he admitted that he diagnosed 

himself with a hernia and later believed his pain might have arisen instead from a 

ruptured femoral artery. Fourth, Mr. Mullis provided no testimony or medical proof that a 

hernia immediately followed a work injury. Finally, Mr. Mullis's VA records show he 

had a right-sided hernia back in 2011. Admittedly Mr. Mullis testified his pain is now in 

the left side of his groin and leg, but he provided no medical proof that he actually 

sustained a left-sided hernia. 

For these reasons, the Court holds that Mr. Mullis failed to show a likelihood of 

prevailing at a trial. 

IT IS, THEREFORE, ORDERED as follows: 

1. Mr. Mullis' claim for his alleged work-related hernia is denied at this time. 

3 
2. This case is set for a Status Hearing/Scheduling Hearing on November 18, 

2019, at 9:30 a.m. Eastern Time. The parties must call 865-594-0109 to 

participate in the Scheduling Hearing. Failure to appear by telephone may result 

in a determination of the issues without the party's participation. 

ENTERED July 30, 2019. 

LISA A. LOWE, JUDGE 

Court of Workers' Compensation Claims 

APPENDIX 

Exhibits: 

1. Affidavit of Affidavit of Phillip Mullis 

2. Affidavit of David Buchanan 

3. Affidavit ofLynnda Manville 

4. Affidavit of Charlotte Douglas 

5. Affidavit of Violet Ross 

6. Affidavit of Renee Jennings 

7. Affidavit of Dan Sibley 

8. Recorded Statement of Phillip Mullis 

9. Table of Contents of Medical Record Excerpts of the Department of Veterans 

Affairs 

10. Medical Expense from Blount Memorial Physicians Group 

11. Medical Records of the Department of Veterans Affairs (for identification 

purposes only) 

Technical Record: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Expedited Hearing 

4. Employee's Witness List 

5. Notice of Expedited Hearing 

6. Employer's Response to the Employee's Request for Expedited Hearing 

7. Employer's Memorandum 

8. Employee's Second Request for Expedited Hearing- Amended Witness List 

4 
CERTIFICATE OF SERVICE 

I certify that a copy of this Order was sent as indicated on July 30, 2019. 

Name Certified Fax Email Service sent to: 

Mail 

J>hillip Mullis, X X 7619 Old Highway 73 

Self-Represented Townsend, TN 37882 

Employee 0 ldbutnotforgottenmike@gmail.com 

John T. Batson, X jbatson@watsonroach.com 

Employer's Attorney 

5