FILED 

December 22. 2017 

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TENNESSEE BUREAU OF WORKERS' 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 

) 

) 

) State File 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 of Claim 

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 her job, injuring her left shoulder and 

left hand. 1 No 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 

1 She 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. 

1 
left 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 of left shoulder or hand pain. Ms. Williamson's medical history included chronic 

left thumb and shoulder pain since 2013 and chronic left wrist pain since 2014. 

PCS offered Ms. Williamson a panel of orthopedic surgeons from which she chose 

Dr. Brett Sokoloff, whom she saw on November 7. Dr. Sokoloff concluded 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 treatment with 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 of events surrounding her injury seemed suspect. 

Findings of Fact and Conclusions of Law 

Standard Applied 

Ms. Williamson bears the burden of proof on the essential elements of her 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. McCord v. Advantage Human 

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 of and in the course and scope of her employment. Tenn. Code Ann. 

2 Ms. 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 of and in the course and scope 

of employment' only if it has been shown by a preponderance of the evidence that the 

employment contributed more than fifty percent (50%) in causing the injury, considering 

all causes." Jd. "The opinion of the treating physician, selected by the employee from the 

employer's designated panel of physicians ... shall be presumed correct on the issue of 

causation but this presumption shall be rebuttable by a preponderance of the 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 of left 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 of proving her 

left shoulder and left hand conditions arose primarily out of and in the course and scope 

of her 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 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 SelfInsured Employer must submit confirmation of compliance 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. 

3 
Entered this the ~ day of December, 2017. " . 

~ DGE biANA SEYMOUR 

Court of Workers' Compensation Claims 

4 
APPENDIX 

Exhibits: 

1. C-20 Employer's First Report of Work Injury or Illness (with handwritten changes 

made by Ms. Williamson) 

2. Photocopy of photograph of hand received by Professional Care Services' attorney 

3. Seventeen photographs of Ms. Williamson's injuries and location of accident 

(Collective) 

4. Declaration of Samantha Hammonds 

5. C-41 Wage Statement 

6. C-42 Agreement Between Employer/Employee Choice of Physician 

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 of Filing, with attachments 

12. Table of Contents and medical records filed with the clerk 

5 
22nd

• ' CERTIFICATE OF SERVICE 

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's Attorney 

Via Via Email Address 

Fax Email 

X P.O. Box 704 

Somerville, TN 3 8068 

forgive1200 l@vahoo.com 

X r:yan@petersonwhite.com 

- - J4 ~~ &erson-Shrum, Clerk 

Co~-;t ~~orkers' Compensation Claims 

WC.CourtClerk@tn.gov 

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