FILED

Feb 28, 2019

01:22 PM(ET)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
evaluation and treatment. 1 

Star Vending later provided a panel of physicians, and she selected Dr. Samuel 

Yoakum as her authorized treating physician. However, instead of Dr. Yoakum, Star 

Vending scheduled an appointment for her with Dr. Ryan Dabbs.2 

During her initial visit with Dr. Dabbs, Ms. Darnell reported catching and locking 

in her left knee when she tried to walk and pain with weight-bearing after the fall. Dr. 

Dabbs reviewed an MRI and diagnosed a medial tibial plateau bone contusion and softtissue contusion of the left knee due to the fall at work. He placed her on light duty and 

prescribed a knee brace. 

Ms. Darnell testified that, at her first visit, she informed Dr. Dabbs of her low back 

and hip pain but told that she had to pick the injury to be treated that day. She also 

testified that Star Vending offered to return her to work through a transition-to-work 

program at a Knoxville Area Rescue Ministries (KARM) store in Knoxville. 

She reported for work at KARM on August 15 and understood that she would be 

assigned to monitor the dressing room and assist customers. When she arrived, she was 

instead assigned to sort donations from a seated position with her leg propped up and to 

remove items from boxes on the floor. When she voiced concerns that the assignment 

exceeded her restrictions, she was sent home. Star Vending paid her two weeks of 

temporary disability benefits for August 15 through 29. 

During this time, Ms. Darnell continued to treat with Dr. Dabbs and on August 20 

reported worsening knee pain with full weight-bearing and light-duty activities. Dr. 

Dabbs restricted her to sitting only with her left leg and foot elevated and recommended 

"toe-touch" walking with crutches. 

Star Vending offered to transition Ms. Darnell, a Knoxville resident, back to work 

within her restrictions at a KARM store in Sevierville. She testified she did not report to 

work at the Sevierville KARM store because she did not have transportation and the 

distance was too far. When she failed to report to work, Star Vending did not offer any 

further opportunities and stopped her temporary disability benefits. 

However, Star Vending continued to provide treatment with Dr. Dabbs. Ms. 

Darnell continued to complain of left knee pain on September 10, so he referred her to 

physical therapy. He continued her use of crutches but lifted her restrictions to sitting 

1 The parties did not introduce the Parkwest medical records relating to Ms. Darnell's treatment at 

Parkwest. 

2 Neither party explained why Star Vending scheduled her treatment with Dr. Dabbs instead of Dr. 

Yoakum. 

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alternating with standing and no lifting with her legs. 

On October 1, in addition to her left knee pain, Ms. Darnell reported left hip pain. 

Dr. Dabbs diagnosed left hip abductor tendonitis and bursitis, prescribed a steroid to 

reduce her inflammation, and recommended additional physical therapy. He continued 

her alternating sit/stand restriction with "sitting job mainly." 

A few days later, Ms. Darnell started working for TSI, a temporary employment 

agency, and assigned to Reilly Foods as a tea packer. She testified she continues to work 

for TSI and works at least thirty-two hours per week earning $10 per hour. She testified 

her job requires her to stand and pack tea boxes at waist level. 

After going to work for TSI, Ms. Darnell returned to Dr. Dabbs on November 13 

and reported low back pain since her injury, which worsened as her left knee pain 

improved. He recommended that she see a spine specialist for her low back complaints 

but continued her anti-inflammatory medications. He further recommended stretching 

exercises and assigned lifting restrictions. 

In response to the referral, Star Vending questioned Dr. Dabbs regarding the 

causal relationship of Ms. Darnell's low back pain to the work incident. It provided Dr. 

Dabbs with a peer-review report by Dr. Robert C. Greenberg, who reviewed Ms. 

Darnell's records and determined that her low back pain was "less than 50% or more 

related to the work injury of 07 /22/18." It then asked Dr. Dabbs whether his referral was 

more than 50% related to her work injury. He checked the option that stated, "The 

referral is 50% or more related to causes other than her alleged July 22, 2018 injury." 

Ms. Darnell returned to Dr. Dabbs on February 1, 2019, where he noted diagnoses 

of left knee contusion, left low back pain, and left hip pain. He purportedly placed Ms. 

Darnell at maximum medical improvement and assigned limited-duty restrictions.3 

Findings of Fact and Conclusions of Law 

At an Expedited Hearing, Ms. Darnell must present sufficient evidence 

demonstrating that she is likely to prevail at a hearing on the merits. See McCord v. 

Advantage Human Res., 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *9 (Mar. 27, 2015). 

Medical Benefits 

The Workers' Compensation Law requires an employer to provide an injured 

employee with medical treatment made reasonably necessary by the work injury. See 

3 The parties introduced only the Worklink Physician's Report and not Dr. Dabbs' report from the 

February 1, 2019 visit. 

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Tenn. Code Ann. § 50-6-204(a)(3)(A)(i) (2018). An injury causes the need for medical 

treatment only if it has been shown to a reasonable degree of medical certainty that it 

contributed more than fifty percent in causing the need for medical treatment, considering 

all causes. "Shown to a reasonable degree of medical certainty" means that, in the 

opinion of the physician, it is more likely than not considering all causes, as opposed to 

speculation or possibility. Moreover, the opinion of the treating physician, selected from 

a panel of physicians, shall be presumed correct on the issue of causation but this 

presumption shall be rebuttable by a preponderance of the evidence. See Tenn. Code 

Ann.§ 50-6-102(14)(C)-(E). 

Here, the Court finds the medical records do not support Ms. Darnell's allegation 

that she reported low back pain at her initial visit. The Court further finds the medical 

records do not substantiate her allegation that Dr. Dabbs told her at her first visit that she 

had to pick the injury to be treated. Instead, the records noted she complained only of 

knee pain following the fall. Later, she developed hip pain, which Dr. Dabbs noted and 

treated. Then, almost four months after the injury, the records reflect for the first time 

her low back pain complaints. Of importance, the Court notes that she reported low back 

pain after she went to work elsewhere in a standing position outside her restrictions. 

When asked whether the low back pain was related to the fall, Dr. Dabbs, the 

authorized treating physician, determined that Ms. Darnell's back complaints were fiftypercent or more likely caused by conditions other than the work injury. He agreed with 

Dr. Greenburg. 

The Court does not give Dr. Dabbs' opinion a presumption of correctness because 

Ms. Darnell did not select him from a panel. However, she failed to offer any other 

medical opinion to counter Drs. Dabbs' and Greenburg's opinions that her low back 

complaints were not likely caused by the work injury. See Berdnik v. Fairfield Glade 

Comm. Club, 2017 TN Wrk. Comp. App. Bd. LEXIS 32, at * 16 (May 18, 2017) (A court 

cannot award benefits where undisputed medical evidence states that an injury did not 

arise primarily out of the employment). 

Therefore, the Court holds that Ms. Darnell failed to come forward with sufficient 

evidence demonstrating she is likely to prevail at a hearing on the merits that her low 

backs complaints arose primarily out of and in the course and scope of her employment. 

Temporary Partial Disability Benefits 

Under the Workers' Compensation Law, an injured employee is entitled to 

temporary partial disability (TPD) benefits if restricted from working due to a work 

injury. See Tenn. Code Ann. § 50-6-207(2)(A). 

In Lasser v. Waste Mgmt., Inc., 2018 TN Wrk. Comp. App. Bd. LEXIS 20, at *7-8 

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(May 24, 2018), the Workers' Compensation Appeals Board noted, "The statute does not 

specify the type or location of work or the manner in which the partially disabled worker 

can earn wages." The Appeals Board further held, "Whether an employee is entitled to 

temporary partial disability in the face of an offer of modified duty work depends on the 

reasonableness of the employer in attempting to return the employee to work and the 

reasonableness of the employee in failing to either return to work or remain at work." Id. 

at *21. 

Here, Ms. Darnell refused Star Vending's offer of transitional return-to-work at 

the Sevierville KARM store because she did not have transportation and the assignment 

was too far away. However, she did not testify that the distance was too great due to her 

work injury but rather personal transportation difficulties. The Court finds Star 

Vending's offer to return to work reasonable. Ms. Darnell's refusal of this offer related 

to transportation issues rather than her restrictions. The Court holds her refusal to accept 

this position unreasonable. Therefore, she failed to present sufficient evidence 

demonstrating she is likely to prevail at a hearing on the merits that she is entitled to 

additional TPD benefits. 

IT IS, THEREFORE, ORDERED that Ms. Darnell's claim for the requested 

benefits is denied at this time. 

This matter is set for a Status Conference on June 3, 2019, at 1:30 p.m. Eastern 

Time. The parties must call 855-543-5041 to participate in the hearing. Failure to appear 

by telephone may result in a determination of the issues without the party's participation. 

ENTERED February 28, 2019. 

P ~MELA B. JOHNSON, JUDGE 

Court of Workers' Compensation Claims 

APPENDIX 

Technical Record: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Expedited Hearing 

4. Motions - Motion to Dismiss 

5. Notice of Expedited Hearing 

6. Employer's Notice of Piling- Medical Questionnaire - Dr. Ryan Dabbs 

7. Motions - Employer's Withdrawal of Motion to Dismiss 

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8. Employer's Notice of Filing - Medical Records - Dr. Ryan Dabbs/ TOC 

9. Employer's Prehearing Brief 

10. Employer's Notice of Filing- Witness List 

11. Employer's Notice of Filing - Medical Records 

The Court did not consider attachments to Technical Record filings unless 

admitted into evidence during the Expedited Hearing. The Court considered factual 

statements in these filings or any attachments to them as allegations unless established by 

the evidence. 

Exhibits: 

1. Affidavit - Lisa Darnell 

2. First Report of Work Injury 

3. Table of Contents of Medical Records 

• Dr. Ryan Dabbs, Tennessee Orthopedic Clinic 

• Medical Questionnaire Response of Dr. Ryan Dabbs 

• Peer Review Report by Dr. Robert C. Greenberg 

4. Panel of Physicians 

5. TOC Worklink Report, February 1, 2018 

CERTIFICATE OF SERVICE 

I certify that a true and correct copy of the Expedited Hearing Order was sent to 

the following recipients by the following methods of service on February 28, 2019. 

Name Certified Fax 

Mail 

Lisa Darnell, x 

Self-Represented 

Employee 

Meredith B. Weaver, 

Employer's Attorney 

Email Service sent to: 

4225 Skyline Drive 

Knoxville, TN 37914 

x meredith.weaver@petersonwhite.com 

UM, Court Clerk 

WC.Coor Clerk@tn.gov 

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