### TENNESSEE BUREAU OFWORKERS' COMPENSATION INTHE COURT OFWORKERS' COMPENSATION CLAIMS AT GRAY
MATTHEW KINSLER, Employee, 

### v. ROGERS DEVELOPMENT and WILLIAMS CONSTRUCTION, Employers, and BUILDERS MUTUALINSURANCE, Carrier. ) DocketNo. 2017-02-0591 ) ) 

### ) State File No. 78125-2017 ) ) ) 

### ) JudgeBrian K. Addington )



### EXPEDITED HEARING ORDERGRANTINGMEDICAL BENEFITS

The Court conducted an Expedited Hearing on February 6, 2020, on the issue of whether Mr. Kinsler is entitled to apanel ofphysicians for a September 8, 2017 injury to his scrotum and testes. The Court holds he presented sufficient evidence that he is likely to prevail at trial and is entitledto apanel orurologists.
Claim History
Mr. 

### Kinsler fell approximately ten feet through a floor onto a concrete slab. He reported the accident to his uninsured employer, Williams Construction. His employer tried to get him to walk offthe pain and relax over the following days, but Mr. Kinsler eventually went to the emergency room on September 10. There he complained ofmany symptoms including pain in his scrotum. The physicians informed him that he fractured his spine at L-1, ordered a brace, and released him. Mr. Kinsler returned to the emergency room on September 14 with pain and swelling in his legs and testes. The providers performed an ultrasound ofhis testes but found no abnormalities. Through the two emergency room visits, Mr. Kinsler treated on his own, but then the general contractor, Rogers Development, accepted his claim for workers' compensation benefits. Since the injury, he continued to experience swelling and a pulling in his testes. His authorized back doctor, Richard Duncan, M.D., heard Mr.

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## FILED Feb 11, 2020 11:41 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMSKinsler's complaints and made a urological referral at his request, but Dr. Duncan could not state whether the need for the referral primarily related to Mr. Kinsler's workaccident. Although Mr. Kinsler does not suffer constant pain or swelling, he wishes to have the condition evaluated, and his attorney requested the issue be included on the Dispute Certification Notice from July 2018. On the other hand, Rogers Development refuses to provide treatment because Mr. Kinsler has not always requested it and has not presented any expert medical evidencethat his condition is work-related. Findings ofFact and Conclusions ofLaw

Mr. Kinsler must present sufficient evidence establishing that he is likely to prove at trial that he is entitled to the requested workers' compensation benefits. See Tenn. Code Ann. § 50-6-239(d)(l) (2019). An employer is obligated to provide medical benefits made reasonably necessary by the accident. Tenn. Code Ann. § 50-6- 204(a)(l)(A).
The evidence establishes that the first and second time Mr. Kinsler sought medical treatment after his injury, he complained about pain in his scrotum and testes. However, Rogers Development has not provided any treatment for this concern, even though Mr. Kinsler at times requested it. He also requested a referral to a specialist from Dr. Duncan. 1
Although Mr. Kinsler has not constantly complained ofor demanded treatment for his testicular pain, the Court cannot find anything in the Worker's Compensation Law that requires an employee to constantly suffer pain and demand treatment before an employeris obligatedto provide necessary and reasonable medical treatment. Considering Mr. Kinsler complained of scrotum and testes pain soon after the incident and testified that he continues to experience intermittent pain and pulling, and because no medical opinion addressed the issue, the Court finds he would likely succeed attrial as to whetherRogers Development shouldprovide him apanel ofphysicians.
The Court holds that Rogers Development shall provide Mr. Kinsler a panel of urologists and set an appointment for evaluation and treatment that the physician determines is reasonable and necessary due to his accident.

1 The Court finds Dr. Duncan's opinion unpersuasive because he is not a urologist and he cannot state whetherthe need for treatment is related to the injury. 2IT 

### IS, THEREFORE, ORDERED AS FOLLOWS:

1. Mr. Kinsler's request for medical treatment is granted. Rogers Development shall provide him a panel of urologists and set an appointment for evaluation and treatment that the physician determines is reasonable and necessary due to his accident.

2. Unless interlocutory appeal ofthe Expedited Hearing Order is filed, compliance with this Order must occurno laterthan sevenbusiness days from the date ofentry ofthis Order as required by Tennessee Code Annotated section 50-6-239(d)(3). The Insurer or Self-Insured Employer must submit confirmation of compliance with this Order to the Bureau by email to WCCompliance.Program .tn.gov no later than the seventh business day after entry ofthis Order. Failure to submit the necessary confirmation within the period ofcompliance might result in a penalty assessment for non-compliance. For questions regarding compliance, please contact the Workers' Compensation Compliance Unit via email at WCComplianc

.Program@tn

.gov
. ENTERED February 11,2020.

/S/ BRIAN K. ADDINGTON BRIAN K. ADDINGTON, JUDGE Court ofWorkers' Compensation Claims

APPENDIX Exhibits:

1. Affidavit ofMatthew Kinsler 2. FirstReport ofInjury 3. Wage Statement 4. Time Sheet 5. Employee's Choice ofPhysician Form 6. Medical Records ofDr. Richard Duncan 7. FinalMedical Report 8. (Col.) Medical Records A

.Dr. Richard Duncan B. Dr. RichardDuncan Questionnaireresponse C. Indian PathMedical Center 9. (Col.) Records A. RecordedAudio Statement
3B. Deposition Transcript C. Physician Panel (10/30/2018) D. Physician Panel (11/21/2018) E. Employee's Responses to Interrogatories F. Employer's Responses to Requests for Production G. Dispute CertificationNotice H. Settlement Check I. Wage Statement J. Request for Expedited Hearing and Affidavit K. Original and AmendedPBD L. All medical Records filed by Employer M. Request for Medical Releases 10. Counsel and Carriernotes 11. Matthew Kinsler's Deposition Transcript 12. Nurse Case ManagerNotes 13. Dr. Richard Duncan Questionnaire Response 14. (Col.) Photos
Technical Record:

1. Petition for BenefitDetermination 2. Dispute CertificationNotice 3. Employer'sNotice ofFiling ofMedical Records for Expedited Hearing 4. Employer's Tenn. Comp. Rules and Regs. Submission 5. Employee'sPre-Expedited Hearing Submission 6. Employee's Witness and ExhibitList 7. Employee's Amended Pre-ExpeditedHearing Submission 8. Employee'sAmended Witness andExhibitLists 9. Employer's Reply to Employee'sAmended Expedited Hearing Submission

4CERTIFICATE OF SERVICE

I certify that copy ofthis order was sent onFebruary 11, 2020.

Name Certified Fax Mail CharltonDe Vault, Employee's**Attorn~)'_** Meredith Weaver, Employer's Attorney Williams X Construction Email Service sentto:
X crdevault@charter.net
X meredith.weaver@petersonwhite.com

400 Elm Street Mt. Carmel, TN 37645 

# __& ffiUk---

-**PENN UM,**  Court Clerk

# WC.C**:6" erk@tn.gov** 

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