## FILED
December22

. 2017
TNCOURTOf**ORKIRS '** COlilPlNS

.'\TION CL

.'ill.ilS Time l0:3 1A.\1 TENNESSEE BUREAU OFWORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT MEMPHIS ROSALIND WILLIAMSON, Employee, 

### v. PROFESSIONAL CARE SERVICES, Employer, and BRIDGEFIELD CASUALTY INSURANCE, Insurance Carrier. ) Docket No.: 2017-08-0203 ) ) ) StateFile No.: 78680-2016 ) ) ) Judge Deana Seymour )

EXPEDITED HEARING ORDER

This case came before the undersigned Workers' Compensation Judge on November 29, 2017, upon Rosalind Williamson's Request for Expedited Hearing. The central legal issue is whether Ms. Williamson is likely to prevail at a hearing on the merits for entitlement to medical and temporary disability benefits. The Court holds she is not likely to do so and denies her request for benefits at this time. History ofClaim Ms. Williamson worked as a social worker for Professional Care Services on September 30, 2016. Samantha Hammonds, Ms. Williamson's supervisor, disciplined her that morning and left the office. Afterward, Ms. Williamson claimed she slipped on a nut and fell on her left side while walking up a ramp to herjob, injuring her left shoulder and left hand. 1No one witnessed the fall. PCS disputed the fall and the reason for the fall through the declaration ofMs. Hammonds. An ambulance transported Ms. Williamson to Bolivar General Hospital for emergent care. There, she complained of left shoulder, knee and wrist pain. Following evaluation and diagnostic testing, the attending physician, Dr. Ralph Patterson, diagnosed

1She initially claimed a left knee injury as well. However, during the hearing, she admitted that her fall at work did not cause her current knee issues. 1left knee contusion and left wrist and shoulder pain. Dr. Patterson medically cleared Ms. Williamson and discharged her with pain medication. Ms. Williamson saw her PCP, Dr. Darrin Lyons, on October 3, but she made no mention ofleft shoulder or hand pain. Ms. Williamson's medical history included chronic left thumb and shoulderpain since 2013 and chronic left wrist pain since 2014. PCS offered Ms. Williamson apanel oforthopedic surgeons from which she chose Dr. Brett Sokoloff, whom she saw on November 7. Dr. Sokoloffconcluded that her left shoulder issues were "likely chronic" and that her hand numbness complaints were "nonspecific" after reviewing her extensive medical history and diagnostic tests. PCS denied Ms. Williamson's claim based on Dr. Sokoloffs assessment. Dr. Sokoloff surgically treated Ms. Williamson's left shoulder under her private health insurance, despite the denial.However, she continued to have problems with her left shoulder and filed a Request for Expedited Hearing seeking medical benefits. Ms. Williamson asked the Court to find PCS responsible for medical expenses paid by her health insurance and temporary disability benefits in addition to continued treatmentwith Dr. Sokoloff. PCS argued that Ms. Williamson did not meet her burden of proving medical causation. According to PCS, the only medical proof before the Court suggested her injuries were chronic and did not result from her fall at work. 2 PCS further argued that Ms. Williamson's version ofevents surrounding her injury seemed suspect. Findings ofFact and Conclusions ofLaw StandardApplied Ms. Williamson bears the burden ofproofon the essential elements ofher claim. Scott v. Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 20 15). She does not have to prove every element of her claim by a preponderance of the evidence but must present sufficient evidence for the Court to determine she is likely to prevail at a hearing on the merits. McCordv. AdvantageHuman Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *9 (Mar. 27, 2015). Causation To prove a compensable injury, Ms. Williamson must show her alleged injury arose primarily out ofand in the course and scope ofher employment. Tenn. Code Ann.

2Ms. Williamson did not dispute that she sustained prior injuries and sought prior treatment for her left shoulder and hand. 2§ 50-6-101(14)(B) (2017). "An injury 'arises primarily out ofand in the course and scope of employment' only ifit has been shown by a preponderance ofthe evidence that the employment contributed more than fifty percent (50%) in causing the injury, considering all causes." Jd. "The opinion ofthe treating physician, selected by the employee from the employer's designated panel ofphysicians

... shall be presumed correct on the issue of causation but this presumption shall be rebuttable by a preponderance ofthe evidence." Tenn. Code Ann.§ 50-6-102(14)(E). Here, no medical proof established that Ms. Williamson's fall contributed more than fifty percent in causing her left shoulder and hand conditions, considering all causes. Dr. Sokoloffs medical records support a diagnosis ofleft shoulder and left hand pain, but he gave no opinion on the medical cause for those conditions. The medical records in evidence demonstrate left shoulder and left hand conditions that pre-existed Ms. Williamson's fall and continued "chronic" left shoulder and left hand pain since the fall. Thus, the Court holds Ms

. Williamson failed to satisfy her burden ofproving her left shoulder and left hand conditions arose primarily out ofand in the course and scope ofher employment. IT IS, THEREFORE, ORDERED as follows: 1. Ms. Williamson's claim against PCS for medical and temporary disability benefits is denied at this time. 2. This matter is set for a Scheduling Hearing on February 12, 2018, at 9:00 a.m. Central Standard Time. The parties must call (toll-free) 866-943-0014 to participate in the Hearing. Failure to call may result in a determination of the issues without the parties' participation

. Unless interlocutory appeal ofthe Expedited Hearing Order is filed, compliance with this Order must occur no later than seven business days from the date ofentry ofthis Order as required by Tennessee Code Annotated section 50-6-239(d)(3). The Insurer or SelfInsured Employer must submit confirmation ofcompliance with this Order to the Bureau by email to WCCompliance.Program@tn.g v 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. For questions regarding compliance, please contact the Workers' Compensation Compliance Unit via email WCCompliance.Program@tn.gov.

3Entered this

### the**~** day ofDecember, 2017. "

.

# ~ DG EbiANA SEYMOUR Court ofWorkers' Compensation Claims

4APPENDIX Exhibits: 1. C-20 Employer's First Report ofWork Injury or Illness (with handwritten changes made by Ms. Williamson) 2. Photocopy ofphotograph ofhand received by Professional Care Services' attorney 3. Seventeen photographs of Ms. Williamson's injuries and location of accident (Collective) 4. Declaration ofSamanthaHammonds 5. C-41 Wage Statement 6. C-42 Agreement Between Employer/Employee Choice ofPhysician 7. Medical records from Dr. Bret Sokoloff(Page 6 through Page 13) 8. Medical records related to Ms. Williamson's left shoulder injury (Collective) 9. Medical records related to Ms. Williamson's left hand injury (Collective) Technical record: 1. Petition for Benefit Determination 2. Dispute Certification Notice 3. Requests for Expedited Hearing and attached affidavit (Collective) 4. Professional Care Services' Objection to and Motion to Strike Request for Expedited Hearing and Alternatively, Motion for an In-Person Hearing 5. Professional Care Services' Motion to Compel 6. Status Hearing Order, filed September 5, 2017 7. Order on Motion to Compel 8. Professional Care Services' Motion to Quash 9. Status Hearing Order, filed October 17,2017 10. Order on Motion to Quash 11.Professional Care Services' Witness List and Notice ofFiling, with attachments 12.Table ofContents and medical records filed with the clerk

5• ' CERTIFICATE OFSERVICE I hereby certify that a true and correct copy of the foregoing was sent to the following recipients by the following methods of service on this the__ day of December, 2017. Name Certified Mail Rosalind Williamson, X Employee Ryan Malone, Employer'sAttorney Via Via Email Address Fax Email X P.O. Box 704 Somerville, TN 38068 forgive1200l@vahoo.com X r:yan@petersonwhite.com

- - 

# J4**~~** &erson-Shrum, Clerk

### Co~-;t**~~orkers'** Compensation Claims WC.CourtClerk@tn.gov

6