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TENNESSE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT CHATTANOOGA

Edward Rice, ) Docket No.: 2020-01-0637

Employee, )

v. )

Hospice Source, LLC, ) State File No.: 59994-2020

Employer, )

And )

Granite State Insurance Company, ) Judge Thomas Wyatt

 Carrier. )

)

EXPEDITED HEARING ORDER AWARDING BENEFITS

On March 18, 2021, the Court held an Expedited Hearing in which Edward Rice 

sought medical and temporary disability benefits. The primary issue was whether Mr. Rice 

gave his employer, Hospice Source, LLC, timely notice of his injury. Mr. Rice claimed he 

gave verbal notice of his injury to his supervisor on the date the injury occurred and, by 

text message, four days later. The supervisor claimed Mr. Rice only told him his back hurt

and did not communicate a work injury until the statutory time period for providing notice 

had expired.

For the reasons below, the Court holds Mr. Rice would likely prevail at a 

Compensation Hearing in proving that he provided Hospice Source timely notice of his 

injury. Further, the Court awards medical and temporary disability benefits to Mr. Rice.

History of Claim

Hospice Source employed Mr. Rice to deliver medical equipment to patients’ homes 

and medical facilities. He loaded and unloaded the equipment and frequently lifted items 

weighing between fifty to 100 pounds.

Mr. Rice injured his back on February 6, 2020, while lifting a bed at Hospice 

Source’s warehouse. He immediately told his co-worker, John “Jay” Beard, that he hurt

his back and then walked to the office of his supervisor, Mario Giacomozzi. He testified 

FILED

Mar 25, 2021

01:49 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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that he told Mr. Giacomozzi he hurt his back lifting a bed, and Mr. Giacomozzi modified 

his work duties by allowing him to deliver Mr. Beard’s lighter load. Further, he asserted 

that Mr. Giacomozzi told him to go to Physicians Care, a walk-in clinic, for treatment.

Mr. Rice did not arrive at Physicians Care before its closing time because he first 

delivered his load. In fact, Mr. Rice did not go to Physicians Care until February 9 because 

he continued to work. On February 9, a provider at Physicians Care noted Mr. Rice’s 

history as follows: “Back injury[.] Pt. states he has pain in lower back and down bilateral 

legs, present for 4 days. . . . [H]as been lifting heavy things at work.” The provider 

diagnosed “lumbago with sciatica,” administered an injection, and prescribed medication. 

The provider also instructed Mr. Rice to see a physician at Sports Medicine, an orthopedic 

clinic, if his pain continued, and he imposed work restrictions.1

After leaving Physicians Care on February 9, Mr. Rice texted Mr. Giacomozzi as 

follows: “Hey I have three L discs in my back that’s meesed (sic) up.” Mr. Giacomozzi 

responded, “Take a pic of the doctors not[e] and send it to me Ed. We need to not hurt you 

ok.” In addition to the text message, Mr. Rice testified he called Hospice Source’s human 

resources representative in late February and left a voicemail telling her he hurt his back 

lifting a bed at work. He stated she never called him back.

Mr. Giacomozzi admitted receiving the February 9 text but claimed Mr. Rice only 

told him his back was hurting and “that was about it.” He maintained that he asked Mr. 

Rice on several occasions after February 9 whether he hurt his back on the job, and Mr. 

Rice stated he did not. However, Mr. Giacomozzi also testified that Mr. Rice told him he 

had degenerative back problems and his back hurt when he lifted heavy items at work. On 

cross-examination, Mr. Giacomozzi conceded that, at his deposition taken two days before 

trial, he testified he could not recall if Mr. Rice told him his back injury was work-related.

Mr. Rice’s co-worker, Mr. Beard, testified that, on February 6, Mr. Rice told him 

he hurt his back lifting a bariatric bed. Mr. Rice had a grimace on his face when he said 

this. Mr. Beard then testified that Mr. Rice began walking in the direction of Mr. 

Giacomozzi’s office after saying that he had to report his injury. Mr. Beard did not hear 

the conversation between Mr. Rice and Mr. Giacomozzi, but Mr. Rice later told him he 

reported to Mr. Giacomozzi that his back injury occurred on the job. He did not remember 

swapping loads with Mr. Rice on the date of injury, but he stated he did deliver the heavier 

loads while Mr. Rice was on light duty.

On cross-examination, Mr. Beard stated that he no longer works at Hospice Source

and had taken another job. He denied that he left Hospice Source on bad terms and stated 

that he just tired of working there. Hospice Source offered no evidence to the contrary. 

1 Mr. Rice paid the Physicians Care bill of $361.56.
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Returning to Mr. Rice’s testimony, he stated that he worked for several weeks under 

the restrictions placed by Physicians Care. When his back symptoms worsened, he saw a 

physician at Sports Medicine, Dr. Candace McKee, on April 29. Dr. McKee noted that his 

back pain “initially started after [he was] pulling up/moving a bariatric bed at work.” She

ordered an MRI that revealed L4-5/L5-S1 spinal stenosis with nerve root compression. Dr. 

McKee referred Mr. Rice to a spine specialist at Sports Medicine and took him off work 

until that appointment. Mr. Rice provided Mr. Giacomozzi with documentation of his

visits to Dr. McKee and of the off-work restriction.

On May 15, Mr. Giacomozzi informed Hospice Source’s human resources

representative that Dr. McKee had taken Mr. Rice off work. The representative asked

whether the injury was work-related, and Mr. Giacomozzi replied by email: “Ed isn’t 

saying its [sic] work-related but has just got worse over time and [he] still wants to work 

for us[.]” A few days later, the representative again asked whether Mr. Rice had been hurt 

on the job, and Mr. Giacomozzi again responded that Mr. Rice’s injury was not workrelated.

Mr. Rice saw spine specialist Dr. Alex Sielatycki at Sports Medicine on May 19. 

Dr. Sielatycki’s report noted a January 2020 onset of back pain but described no 

mechanism of injury. The doctor restricted him to no bending, no lifting more than ten 

pounds, and no shifts longer than eight hours.2 Mr. Rice tried working under these

restrictions but could not continue due to worsening spinal symptoms.

On June 3, he telephoned Hospice Source’s human resources representative to check 

why he had not heard about his workers’ compensation claim. This conversation caused 

her to send certain forms, including an incident report and a First Report of Injury, for Mr. 

Rice’s completion. Mr. Rice returned the forms on June 6 and described his injury on an 

incident report as follows: “I was putting a bed on the van and pulled something in my 

lower back.” He described the injury similarly in the First Report and wrote that he gave 

notice of the injury on February 6.

Hospice Source accepted the claim after receiving the forms and provided Mr. Rice 

a physician-selection form, from which he selected Dr. Sielatycki as the treating physician. 

Hospice Source asked Dr. Sielatycki for his diagnosis, treatment recommendations, and 

causation opinion. 

Dr. Sielatycki completed the forms on June 26 when he next saw Mr. Rice. The 

doctor wrote in his notes that he saw Mr. Rice on this date to perform a workers’ 

compensation assessment. He also noted that Mr. Rice gave a history of experiencing back 

pain at work while lifting a bed in February 2020 and sought care for back pain shortly 

2 Mr. Rice initially paid for the injection himself but later received reimbursement after another source paid 

for it. He testified he did not know the source of the payment that prompted the reimbursement.
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afterward. In consideration of that history, Dr. Sielatycki wrote, “I believe that his 

condition and need for treatment is at least 51% related to the incident from 02/2020.” He 

responded almost identically in the form Hospice Source sent him.

Dr. Sielatycki recommended surgery in the June 26 note, and in a separate form he 

signed that same day, he took Mr. Rice “off work now until post-op.” In July, Hospice 

Source began paying temporary disability benefits at the agreed weekly rate of $630.78. 

Dr. Sielatycki continued Mr. Rice off work in his August 18 notes.

Hospice Source submitted Dr. Sielatycki’s surgery recommendation to utilization 

review, which declined to certify the surgery. Then, in August, Hospice Source denied Mr. 

Rice’s case for alleged lack of notice. It ceased paying temporary disability benefits, and 

although utilization review eventually certified the surgery, it has not authorized the 

recommended surgery. Mr. Rice testified he has not worked since June 26, 2020.

During the hearing, Hospice Source sought to show that Mr. Rice’s actions during 

the first four months following his back injury were contrary to those of an employee who 

had given his employer timely notice of a work injury. Mr. Rice described a 2017 workrelated leg injury that he reported to Hospice Source. He stated that he did not personally 

pay medical bills, and he never took work excuses to Mr. Giacomozzi, on that claim. He 

explained that he did not need to take excuses to work because the medical offices took 

care of that. He explained that he paid some bills on the back injury because the providers

required that he do so after taking his information.

Findings of Fact and Conclusions of Law

The threshold issue is whether Mr. Rice gave timely notice of his injury. He bears 

the burden of proof. See generally Tenn. Code Ann. § 50-6-239(c)(6) (2020). At this 

expedited hearing, he must show he would likely prevail at a hearing on the merits that he 

provided timely notice. Tenn. Code Ann. § 50-6-239(d)(1).

Notice

Tennessee Code Annotated section 50-6-201 requires written notice of an injury 

unless the employer has actual notice of it. Tenn. Code Ann. § 50-6-201(a)(1). An 

employee must provide the employer notice within “fifteen (15) days after the occurrence 

of the accident, unless reasonable excuse for failure to give notice is given to the 

satisfaction of the tribunal to which the claim for compensation may be presented.” 

Further, “[n]o defect or inaccuracy in the notice shall be a bar to compensation, unless the 

employer can show . . . that the employer was prejudiced by the failure to give notice, and 

then only to the extent of the prejudice.”
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For several reasons, the Court holds that Mr. Rice will likely prevail at a 

Compensation Hearing in proving that, on the date of injury, he gave Mr. Giacomozzi 

verbal notice that he injured his back at work.

First, the Court places importance on the credible testimony of Mr. Beard that, on 

the date of injury, Mr. Rice told him he hurt his back lifting a bed and then walked in the 

direction of Mr. Giacomozzi’s office saying he would report the injury. Mr. Beard testified 

confidently and matter-of-factly, and nothing in his demeanor indicated he favored either 

party in testifying. He calmly denied Hospice Source’s attempt to cast him as a disgruntled 

ex-employee, and Hospice Source introduced no evidence to support that allegation.

Second, the Court considers it significant that the provider who treated Mr. Rice for 

back pain four days after the injury noted a history that he lifted heavy items at work. 

Further, Mr. Rice saw Dr. McKee before he knew Hospice Source would deny his claim,

and she noted that Mr. Rice gave a history of having injured his back while lifting a bed at 

work. Mr. Rice gave the same history in early June when Hospice Source sent him forms 

to complete, and he gave Dr. Sielatycki the same history on June 26, again before Hospice 

Source denied his claim. The Court holds that the above evidence supports Mr. Rice’s 

testimony that he told Mr. Giacomozzi on the date of injury that he hurt his back lifting a 

bed at work.

Third, the Court gives limited weight to Mr. Giacomozzi’s testimony that Mr. Rice

did not report the injury on the date it occurred. This testimony is coupled with Mr. 

Giacomozzi’s admission during his deposition that he did not recall whether Mr. Rice told 

him he hurt his back at work. Additionally, the Court finds that Mr. Giacamozzi’s 

testimony that Mr. Rice did not timely report his work injury is mitigated by his testimony 

that Mr. Rice told him the lifting he performed at Hospice Source caused him to suffer back 

pain.

Finally, the Court finds little merit in Hospice Source’s argument that Mr. Rice’s 

payment of medical bills and his taking of work-restriction notes to Mr. Giacomozzi ran 

contrary to his testimony that he reported a work injury on the day it occurred. The Court 

holds that conduct is, at least, equally consistent with Mr. Rice’s commitment to meet his 

financial obligations and continue working despite back pain. 

Medical Benefits

Having found Mr. Rice would likely prevail on the issue of notice, the Court turns 

to his requests for medical and temporary disability benefits.

The Workers’ Compensation Law imposes dual obligations on the employee and 

employer in connection with treatment of a work injury. The employee must give timely 
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notice and, if he does so, the employer must provide a panel of physicians from which the 

employee selects a treating physician. See generally Tenn. Code Ann. § 50-6-204.

Here, Hospice Source provided Mr. Rice a panel of physicians from which he chose 

Dr. Sielatycki as the treating physician. Hospice Source honored the selection by 

authorizing Dr. Sielatycki to treat Mr. Rice and twice submitted Dr. Sielatycki’s surgery 

recommendation to utilization review. Finally, Hospice Source did not present evidence 

rebutting Dr. Sielatycki’s opinion that Mr. Rice’s back pain and the need for treatment 

arose primarily out of and in the course and scope of employment. Based on the above, 

the Court holds that Mr. Rice will likely prevail at a Compensation Hearing in showing 

that Hospice Source is liable for the treatment, including surgery, recommended by Dr. 

Sielatycki.

Hospice Source shall promptly schedule Mr. Rice to see Dr. Sielatycki to determine 

his current recommendation regarding surgery. Should Dr. Sielatycki continue to 

recommend surgery, Hospice Source shall promptly authorize it and all attendant medical 

services. 

Temporary Disability Benefits

The Supreme Court has long held that temporary total disability benefits cover the 

healing period following a work injury during which the employee is totally disabled from 

working. See Roberson v. Loretto Casket, 722 S.W.2d 380, 383 (Tenn.1986). The 

essential elements an employee must prove to obtain temporary total disability benefits are 

total disability from working that is causally connected to a compensable work injury and 

the duration of the period of total disability. Id. Temporary total disability benefits cease 

when the employee returns to work or on the date the employee attains maximum medical 

improvement from the injury. Simpson v. Satterfield, 564 S.W.2d 553, 555 (Tenn. 1978).

Here, the Court notes that, in his June 26, 2020 note, Dr. Sielatycki took Mr. Rice 

off work “now until post op.” Mr. Rice testified he has not worked since June 26 due to 

the disability caused by his work-related back injury. Hospice Source did not present

evidence that Dr. Sielatycki has returned Mr. Rice to work, nor did they rebut Mr. Rice’s 

testimony that he has not worked since June 26 due to back pain from his work injury.

Thus, the Court holds that Mr. Rice will likely prevail at a Compensation Hearing 

in proving his entitlement to temporary total disability benefits in the amount of $630.78 

per week, from when Hospice Source ceased paying benefits in August 2020 until the 

present. Mr. Rice’s entitlement to temporary total disability benefits will continue until 

the earlier of when Dr. Sielatycki assigns maximum medical improvement or the date he 

returns Mr. Rice to work.
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IT IS ORDERED as follows:

1. Hospice Source shall pay for all reasonable and necessary treatment of Mr. Rice’s 

back injury by Dr. Sielatycki, including surgery and attendant medical services. 

Hospice Source shall promptly schedule an appointment with Dr. Sielatycki for

consideration of the doctor’s current recommendation regarding surgery.

2. Hospice Source shall pay Mr. Rice temporary total disability benefits in the amount 

of $630.78 per week from the date of the last payment of benefits until the present. 

Hospice Source shall continue to pay Mr. Rice temporary total disability benefits 

until Dr. Sielatycki either releases him to return to work or assigns maximum 

medical improvement from his back injury.

3. This case is set for a Status Hearing on July 15, 2021, at 10:00 a.m. Eastern Time. 

You must call (615) 741-3061 or toll-free at (855) 747-1721 to participate in the 

Status Hearing. You must call on the scheduled date and time to participate. Failure 

to call may result in a determination of the issues without your further participation.

4. Unless interlocutory appeal of the Expedited Hearing Order is filed, 

compliance with this Order must occur no later than seven business days from 

the date of entry of this 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 of this Order. Failure to submit the necessary confirmation within the 

period of compliance may result in a penalty assessment for non-compliance.

5. For questions regarding compliance, please contact the Workers’ Compensation 

Compliance Unit via email WCCompliance.Program@tn.gov.

ENTERED March 25, 2021.

Thomas Wyatt _____________________________________

Judge Thomas Wyatt

Court of Workers’ Compensation Claims
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APPENDIX

Exhibits:

A. Employee’s Exhibits

1. Choice of Physician form 

2. Injury report of Mr. Rice

3. First Report of Injury

4. Medical authorization

5. Drug Test Reports

6. Same as number 5

7. Choice of Physician form

8. Email of May 20, 2020 from Mr. Giacomozzi to HR

9. Emails of May 15 from Mr. Giacomozzi to HR

10.Emails of May 19 from Mr. Giacomozzi to HR

11. Physicians Care records

12.Bill from Physicians Care

13.Records of Dr. Alex Sielatycki

14.Records of Dr. Candace McKee

15.Dr. Sielatycki’s responses to carrier’s questions

16.Records of Dr. Shay Richardson-2019 injury

17.Records of Nova Medical Center-2019 injury

18. Same as number 17

19. Final Medical Report-2019 injury

20.Text messages between Mr. Rice and Mr. Giacomozzi

B. Employer’s Exhibits

1. Same as Employee’s number 1

2. Same as Employee’s number 2

3. Occurrence report of Mr. Rice

4. Same as Employee’s number 3

5. Same as Employee’s number 4

6. Records of Dr. Robert Mynatt

7. Drug test report

8. Leave of absence records with medical documentation

9. Acknowledgment of Policy and Procedure Manual

10.Carrier investigation forms

11.Medical records (mostly duplicates of those submitted by Employee)

12.Records of Nova Medical Center

C. Affidavit of Edward Rice
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Technical Record: 

1. Petition for Benefit Determination and supplement 

2. Dispute Certification Notice and supplements 

3. Employee Position Statement 

4. Request for Expedited Hearing 

5. Employer Expedited Hearing Statement 

CERTIFICATE OF SERVICE 

I certify that a copy of the Order was sent as indicated on March 25, 2021. 

Name Certified

Mail

Email Service sent to:

Michael Newton

Employee’s Attorney

X mnewton@thenewtonfirm.com

Amy Brown

Employer’s Attorney

X Amy.brown@petersonwhite.com

Kim.capshaw@petersonwhite.com

______________________________________ 

 Penny Shrum, Court Clerk 

Wc.courtclerk@tn.gov