1

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

Keith Quarles, ) Docket No. 2018-08-1077

Employee, )

v. ) State File No. 39797-2017

FedEx Ground Package System, Inc.,

 Employer.

)

) Judge Deana C. Seymour

)

EXPEDITED HEARING ORDER

________________________________________________________________________

Mr. Quarles requested medical and temporary disability benefits for injuries to his 

right ankle, left knee, and right shoulder. FedEx Ground Packaging System, Inc. 

contended the injuries were not work-related. This Court heard the issues at an Expedited 

Hearing on March 8, 2019, and finds Mr. Quarles failed to present sufficient evidence 

that he would likely prevail at a hearing on the merits in proving his injuries were workrelated. Therefore, the Court denies his request.

History of Claim1

Mr. Quarles began working as a package handler for FedEx in February 2015. He 

claimed he injured his right ankle, left knee, and right shoulder by repetitively unloading 

trucks and scanning boxes at work.

2 Mr. Quarles did not know the cause of his symptoms 

at first, so he obtained conservative treatment on his own at Regional One Health.

However, he eventually filed a claim for workers’ compensation benefits with FedEx on 

 1 Under docket number 2017-08-1170, this Court previously held an Expedited Hearing on facts nearly 

identical to this case. In a May 7, 2018 Expedited Hearing Order Denying Medical and Temporary 

Disability Benefits, the Court found Mr. Quarles unlikely to prevail on the merits of his case regarding 

causation. Mr. Quarles appealed, and the Workers’ Compensation Appeals Board affirmed. On August 

28, 2018, the Court dismissed Mr. Quarles’ claim without prejudice based on his failure to prosecute his 

case. Subsequently, Mr. Quarles refiled his claim on September 7, 2018, under the current docket number.

2 Although Mr. Quarles did not allege a specific work incident, he used November 8, 2016, for the date of 

injury.

FILED

Apr 01, 2019

12:11 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
2

May 30, 2017.

FedEx denied Mr. Quarles sustained a work-related injury and argued his 

complaints related to pre-existing conditions. It relied on his longstanding history of 

right-ankle, left-knee, and right-shoulder complaints.3 It also pointed to Mr. Quarles’ 

continued treatment for ongoing symptoms of chronic osteoarthritis and weakness in his 

right ankle, left knee, and right shoulder at Christ Community Health Services and 

Regional One to show the pre-existing nature of his complaints.

Following FedEx’s denial, Mr. Quarles obtained a Standard Form Medical Report 

(C-32) from Dr. Richard Hillesheim at Regional One. Mr. Quarles relied on this report to 

prove the cause of his injuries. Mr. Quarles also introduced an online profile for Dr. 

Hillesheim that listed his education and training, professional memberships, and 

publications. Additionally, the parties introduced medical records from Regional One that 

included records from Dr. Hillesheim. Although Dr. Hillesheim indicated “the 

employment activity [was] primarily responsible for the present need for treatment of the 

pre-existing [left knee] disease,” he described Mr. Quarles’ left-knee condition as 

“degenerative osteoarthritis,” and he stated that the injury did not involve the aggravation 

of a pre-existing condition. 

Mr. Quarles filed a Petition for Benefit Determination. He asked for a panel of 

physicians and temporary disability benefits.

Findings of Fact and Conclusions of Law

Standard Applied

At an Expedited Hearing, Mr. Quarles must present sufficient evidence that he is 

likely to prevail at a hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1) (2017).

Causation

The central legal issue is whether Mr. Quarles presented sufficient evidence to 

show an aggravation of a pre-existing condition that required medical treatment. The 

Court finds that he did not.

To prevail on causation, Mr. Quarles must establish he suffered an aggravation of 

a pre-existing condition that “arose primarily out of and in the course and scope of 

employment.” Tenn. Code Ann. § 50-6-102(14)(A) (2018). The Court looks to the 

medical evidence to determine whether Mr. Quarles sustained an aggravation of a 

 3 Dr. Hillesheim’s C-32 only addressed Mr. Quarles’ knee. Mr. Quarles presented no proof regarding the 

causation of his ankle and shoulder complaints.
3

preexisting condition that arose primarily out of and in the course and scope of 

employment. To establish this connection, Mr. Quarles must present expert medical 

evidence that the work incident “contributed more than fifty percent” in causing his need 

for medical treatment of the preexisting condition, meaning the work accident was more 

likely than not the cause, when considering all other potential causes. Tenn. Code Ann. § 

50-6-102(14)(C)-(D); Miller v. Lowe’s Home Centers, Inc., 2015 TN Wrk. Comp. App. 

Bd. LEXIS 40, at *13 (Oct. 21, 2015). The aggravation need not be permanent for Mr. 

Quarles to receive medical benefits. Id. at *18.

Dr. Hillesheim’s C-32 offers the only suggestion of work-relatedness in evidence 

to contradict the fact that Mr. Quarles received years of treatment for left-knee 

osteoarthritis before the date he claimed workers’ compensation benefits. Dr. Hillesheim 

provided the following opinions on the C-32: (1) there was not a specific incident or 

series of incidents identified that brought about the injury; (2) the injury resulted in a 

need for treatment; (3) the employment activity, more likely than not, was primarily 

responsible for the injury or primarily responsible for the need for treatment; (4) the 

injury did not involve the aggravation of a pre-existing injury; and (5) the employment 

activity was primarily responsible for the present need for treatment of the pre-existing 

disease, condition, or ailment.

The Court gives little weight to Dr. Hillesheim’s opinions. Although Dr. 

Hillesheim indicated “the employment activity [was] primarily responsible for the present 

need for treatment of the pre-existing [left knee] disease,” he described Mr. Quarles’ leftknee condition as “degenerative osteoarthritis,” and he stated that Mr. Quarles’ injury did 

not involve the aggravation of a pre-existing condition. Therefore, the Court rejects Dr. 

Hillesheim’s opinion on causation and holds Mr. Quarles did not come forward with 

sufficient evidence to establish he is likely to prevail at a hearing on the merits that his 

knee injury is work related.

IT IS, THEREFORE, ORDERED as follows:

1. Mr. Quarles’ claim against FedEx and its workers’ compensation carrier for the 

requested benefits is denied at this time.

2. This matter is set for a Scheduling Hearing on June 3, 2019, at 8:30 a.m. 

Central Time. You must call 615-532-9550 or toll-free at 866-943-0014 to 

participate in the Hearing. Failure to call may result in a determination of the 

issues without your participation.
4

ENTERED April 1, 2019.

_____________________________________

JUDGE DEANA C. SEYMOUR

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Petition for Benefit Determination

2. Emails between Mr. Quarles and Bureau’s Assistant Administrator, B. Jeff Francis 

3. Request for Expedited Hearing, with attached Affidavit of Keith Quarles

4. Mr. Quarles’ personnel file

5. Mr. Quarles’ wage information

6. First Report of Work Injury

7. Medical records from Christ Community Health Services

8. Medical records from Regional One Health

9. Form C-32 Standard Medical Report for Industrial Injuries and online curriculum 

vitae of Dr. Richard Hillesheim

10.Medical Assessment of Ability to do Work-Related Activities, dated December 

19, 2016

11.Denial letter, dated June 8, 2017

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing, with attached Affidavit of Keith Quarles

4. Employer’s Objection to Request for Expedited Hearing and/or Objection for 

Request for Hearing on the Record

5. Employee’s Response to Employer’s Objection to Expedited Hearing Request 

with the Decision Based on Evidence on Record

6. Order Denying Employee’s Request for a Decision on the Record

7. Employee’s Position Statement, with attachments

8. Employee’s Summation of New Evidence

9. Emergency Motion for Brief Continuance of Expedited Hearing

10.Employee’s Response to Emergency Motion for Brief Continuance

11.Order on Emergency Motion to Continue Expedited Hearing

12.Employee’s Amendment to Personal Testimony: Summation of New Evidence for 

Expedited Hearing of March 8, 2019
5

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Order was sent to the following 

recipients by the following methods of service on April 1, 2019.

Name Certified 

Mail

Via

Fax

Via 

Email

Service sent to:

Keith Quarles, 

Employee

X X 255 N. Lauderdale

Memphis, TN 38105

kcq3@netzero.net

Byron Lindberg,

Employer’s Attorney

X blindberg@hallboothsmith.com

tthompson@hallboothsmith.com

_____________________________________

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov
Expedited Hearing Order Right to Appeal:

If you disagree with this Expedited Hearing Order, you may appeal to the Workers’ 

Compensation Appeals Board. To appeal an expedited hearing order, you must:

1. Complete the enclosed form entitled: “Expedited Hearing Notice of Appeal,” and file the 

form with the Clerk of the Court of Workers’ Compensation Claims within seven 

business days of the date the expedited hearing order was filed. When filing the Notice 

of Appeal, you must serve a copy upon all parties. 

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten 

calendar days after filing of the Notice of Appeal. Payments can be made in-person at 

any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the 

alternative, you may file an Affidavit of Indigency (form available on the Bureau’s 

website or any Bureau office) seeking a waiver of the fee. You must file the fullycompleted Affidavit of Indigency within ten calendar days of filing the Notice of 

Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will 

result in dismissal of the appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request 

from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of 

the proceedings is to be filed, a licensed court reporter must prepare the transcript and file 

it with the court clerk within ten business days of the filing the Notice of 

Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both 

parties within ten business days of the filing of the Notice of Appeal. The statement of 

the evidence must convey a complete and accurate account of the hearing. The Workers’ 

Compensation Judge must approve the statement before the record is submitted to the 

Appeals Board. If the Appeals Board is called upon to review testimony or other proof 

concerning factual matters, the absence of a transcript or statement of the evidence can be 

a significant obstacle to meaningful appellate review.

4. If you wish to file a position statement, you must file it with the court clerk within ten

business days after the deadline to file a transcript or statement of the evidence. The 

party opposing the appeal may file a response with the court clerk within ten business 

days after you file your position statement. All position statements should include: (1) a 

statement summarizing the facts of the case from the evidence admitted during the 

expedited hearing; (2) a statement summarizing the disposition of the case as a result of 

the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an 

argument, citing appropriate statutes, case law, or other authority.

For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.


ll 

. 

Tennessee Bureau of Workers' Compensation 

220 French Landing Drive, 1-B 

Nashville, TN 37243-1002 

800-332-2667 

AFFIDAVIT OF INDIGENCY 

.. I 

I, , having been duly sworn according to law, make oath that 

because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be 

waived. The following facts support my poverty. 

1. Full Name: ___________ _ 2. Address:-------------

3. Telephone Number:--------- 4. Date of Birth:-----------

5. Names and Ages of All Dependents: 

----------------- Relationship:-------------

----------------- Relationship:-------------

---------------- - Relationship:-------------

----------------- Relationship:-------------

6. I am employed by: ------------------------------,-

My employer's address is:-------------------------

My employer's phone number is:-----------------------

7. My present monthly household income, after federal income and social security taxes are deducted, is: 

$ _______ __ 

8. I receive or expect to receive money from the following sources: 

AFDC $ per month beginning 

SSI $ per month beginning 

Retirement $ per month beginning 

Disability $ per month beginning 

Unemployment $ per month beginning 

Worker's Camp.$ per month beginning 

Other $ per month beginning 

LB-1108 (REV 11/15) RDA 11082 
9. My expenses are: ' ; !• 

' 

Rent/House Payment $ per month Medical/Dental $ per month 

Groceries $ per month Telephone $ per month 

Electricity $ per month School Supplies $ per month 

Water $ per month Clothing $ per month 

Gas $ per month Child Care $ per month 

Transportation $ per month Child Support $ per month 

Car $ per month 

Other $ per month (describe: 

10. Assets: 

Automobile $ ____ _ 

Checking/Savings Acct. $ ____ _ 

House 

) 

Other 

11. My debts are: 

Amount Owed 

$ _ ___ _ 

$ ____ _ 

To Whom 

(FMV) - ---------

(FMV) ----------

Describe: _____ _____ _ 

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete 

and that I am financially unable to pay the costs of this appeal. 

APPELLANT 

Sworn and subscribed before me, a notary public, this 

___ dayof _____________ ,20 ___ _ 

NOTARY PUBLIC 

My Commission Expires: _ _ _____ _ 

LB-1108 (REV 11/15) RDA 11082