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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

ALEJANDRA FRAUSTO, ) Docket No. 2019-05-1276

Employee, )

v. )

MARKETING & SALES MGMT. ) State File No. 93585-2018

CORP., )

Employer, )

And )

ERIE INS. EXCHANGE. ) Judge Dale Tipps

Carrier. )

COMPENSATION ORDER

The Court held a Compensation Hearing in this case on November 30, 2021. After 

the parties stipulated to several facts, the remaining issues are whether Ms. Frausto is 

entitled to additional medical treatment and permanent disability benefits. For the reasons 

below, the Court holds that Ms. Frausto is entitled to permanent disability benefits and

lifetime medical benefits.

Claim History

The parties agreed that Ms. Frausto suffered physical injuries in the course and 

scope of her employment with MSM on November 20, 2018. MSM accepted the claim 

and provided medical treatment. She continued to work for MSM until June 18, 2019, and 

her average weekly wage was $330.19.

As for the proof at trial, Ms. Frausto testified that she injured her back while 

wrapping items in plastic. Although it took several days after she first reported the injury, 

her supervisor eventually took her to a clinic.1 She ultimately began treating with Dr. 

1 The majority of Ms. Frausto’s testimony centered around her dissatisfaction with the way her claim was 

handled. This included descriptions of the initial delay in providing treatment and problems with MSM 

accommodating her restrictions, as well as allegations of supervisors harassing and shouting at her. As the 

Court explained in its Expedited Hearing Order, it is sympathetic but has no remedy available for these 

FILED

Dec 02, 2021

08:24 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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David West.

Dr. West’s C-32 Medical Report shows that he is an orthopedic surgeon who treated 

Ms. Frausto for several months in 2019. After seventeen physical therapy sessions and an 

MRI, he concluded that she suffered from a mechanical sprain/strain with no surgical 

lesion. Dr. West placed Ms. Frausto at maximum medical improvement on May 2, 2019, 

and assigned a one-percent permanent impairment rating, as well as some permanent 

restrictions.

At the hearing, Ms. Frausto complained of continuing back pain and suggested she 

needs more treatment. However, she admitted on cross-examination that she has declined 

several offers from MSM to authorize a return visit to Dr. West. Ms. Frausto also 

confirmed that no doctors took her completely off work and that she continued to work for 

MSM while treating.

Findings of Fact and Conclusions of Law

Ms. Frausto, as the employee in a workers’ compensation claim, has the burden of 

proof on all essential elements of her claim. Scott v. Integrity Staffing Solutions, 2015 TN 

Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 2015). At a compensation hearing, she

must show by a preponderance of the evidence that she is entitled to the requested benefits.

Willis v. All Staff, 2015 TN Wrk. Comp. App. Bd. LEXIS 42, at *18 (Nov. 9, 2015). 

Because MSM stipulated to the compensability of Ms. Frausto’s injury, the Court considers 

her entitlement to the benefits identified in the Dispute Certification Notice.

When a worker suffers a compensable work injury, reaches maximum medical 

improvement, and is assigned a permanent medical impairment rating, she is entitled to 

receive permanent disability benefits. See Tenn. Code Ann. § 50-6-207(3)(A).

Here, Dr. West’s one-percent impairment rating is unrebutted. Therefore, Ms. 

Frausto is entitled to a permanent partial impairment award of $990.59 (1% of 450 weeks 

multiplied by $220.13). Because she returned to work at MSM at the same rate of pay for 

more than 4.5 weeks, she is not entitled to increased permanent partial disability benefits. 

See Tenn. Code Ann. § 50-6-207(3)(B).

As to medical benefits, “[T]he employer or the employer’s agent shall furnish, free 

of charge to the employee, such medical and surgical treatment . . . made reasonably 

necessary by accident[.]” Tenn. Code Ann. § 50-6-204(a)(1)(A). Since the parties have 

stipulated to the compensability of Ms. Frausto’s injuries, MSM is responsible for her

future medical treatment under this provision. Thus, she is entitled to continuing medical 

treatment with Dr. West.

allegations.
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IT IS, THEREFORE, ORDERED as follows:

1. Marketing & Sales Management Corp. shall provide Ms. Frausto future medical 

benefits under Tennessee Code Annotated section 50-6-204(a)(1)(A). Dr. David 

West remains the treating physician.

2. Marketing & Sales Management Corp. shall pay Ms. Frausto permanent partial 

disability benefits of $990.59 in a lump sum. 

3. Marketing & Sales Management Corp. shall pay to the Court Clerk the $150.00 

filing fee under Tennessee Compilation Rules and Regulations 0800-02-21-.06 

within five days of entry of this order. 

4. Marketing & Sales Management Corp. shall file an SD-2 with the Court Clerk 

within five days of entry of this order.

5. Unless appealed, this order shall become final thirty days after entry.

ENTERED DECEMBER 2, 2021.

_____________________________________

Judge Dale Tipps

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Dr. David West’s Form C-32 Standard Form Medical Report

2. Printout of MSM Payroll Register

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. June 30, 2021 Scheduling Order

4. MSM’s Pre-Compensation Hearing Statement

5. MSM’s Notice of Intent to Rely upon Medical Report of Dr. David West
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CERTIFICATE OF SERVICE

I certify that a copy of the Compensation Hearing Order was sent as indicated on

December 2, 2021.

Name Certified 

Mail

Email Service Sent To

Alejandra Frausto X X 406 Highland Avenue

Smyrna, TN 37167

fraustogabi@gmail.com

Catherine Dugan,

Employer’s Attorney

X cate@petersonwhite.com

_____________________________________

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 

NOTICE OF APPEAL 

Tennessee Bureau of Workers’ Compensation

www.tn.gov/workforce/injuries-at-work/ 

wc.courtclerk@tn.gov | 1-800-332-2667 

Docket No.: ________________________

State File No.: ______________________ 

Date of Injury: _____________________ 

___________________________________________________________________________ 

Employee

v.

___________________________________________________________________________ 

Employer

Notice is given that ____________________________________________________________________ 

[List name(s) of all appealing party(ies). Use separate sheet if necessary.]

appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the 

Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date filestamped on the first page of the order(s) being appealed):

□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________

□ Compensation Order filed on__________________ □ Other Order filed on_____________________

issued by Judge _________________________________________________________________________. 

Statement of the Issues on Appeal 

Provide a short and plain statement of the issues on appeal or basis for relief on appeal: 

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Parties

Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee 

Address: ________________________________________________________ Phone: ___________________ 

Email: __________________________________________________________ 

Attorney’s Name: ______________________________________________ BPR#: _______________________ 

Attorney’s Email: ______________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082 

Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________ 

Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee 

Appellee’s Address: ______________________________________________ Phone: ____________________ 

Email: _________________________________________________________ 

Attorney’s Name: _____________________________________________ BPR#: ________________________ 

Attorney’s Email: _____________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* Attach an additional sheet for each additional Appellee *

CERTIFICATE OF SERVICE 

I, _____________________________________________________________, certify that I have forwarded a 

true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described 

in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this 

case on this the __________ day of ___________________________________, 20 ____. 

 ______________________________________________ 

[Signature of appellant or attorney for appellant]