1 TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT GRAY

JEREMY HOLT, ) Docket N o. 2024

- 20

- 1554

Employee, )

v. ) PROFESSIONAL TOUCH CLEANING OF THE TRI

- CITIES ,

Employer, ) ) ) State File N o. 15132

- 2024

and OHIO SECURITY INSURANCE COMPANY , Carrier. ) ) ) ) Judge Brian K. Addington

EXPEDITED HEARING ORDER

Jeremy Holt requested medical and temporary disability benefits from a fall at work. After an expedited hearing on July 12, 2024 , the Court denies his request for t he reasons below

. History of Claim
Mr. Holt worked for Professional Touch Cleaning of the Tri

- Cities

. On February 16, 2024, while at work he began to feel a “spell” coming on while cleaning a closet. He testified he can tell when they are about to happen. Apparently, he fell ; w hen he regained conscious ness , emergency workers were attending to him. Mr. Holt did not know how or why he fell but was taken to the hospital and released the same day . He stated no one really knows what happened to him. He testified that he has also experienced these spells outside of work.
After the fall, he experienced pain in his neck, left shoulder and arm, and the right side of his head for a few days. When his neck pain continued, he had an MRI

, which showed no acute injuries , only degenerative problem s and a congenital unfused arch of the C1 joint. 

### FILED Jul 22, 2024 02:46 PM(CT)
TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMS2

Although Mr. Holt does not know why he fell, he asserted it was anxiety related to work

. He requested payment of one remaining medical bill of $950.00 and temporary disability benefits for the time he missed from work.

Professional Touch argued that Mr. Holt suffered an idiopathic fall, so his claim his not compensable.
Findings of Fact and Conclusions of Law
To obtain the requested relief, Mr. Holt must show a likelihood of prevailing at a hearing on the merits. Tenn. Code Ann. § 50

- 6

- 239(c)(6) (2023).
The initial question is whether Mr. Holt proved that he suffered an injury that arose primarily out of and in the course and scope of his employment. Tenn. Code Ann. § 50

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- 102(12). Mr. Holt testified credibly that he suffered a fall at work. He does not know why he fell, but he related that he was suffering from a spell at the time, which has also occurred away from work. Although he received medical care from several sources , he presented

no medical records relating the spell

, his fall, or his allege d injuries to his work. An opinion from a physician is required to prove the work

- relatedness of a n injury. Tenn. Code Ann. § 50

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- 102(12)(D). He offered none.
Further, Mr. Holt has no knowledge of whether he was injured simply by hitting the ground or something in the closet

, because the fa ll left him unconscious. Injuries without explanation are considered idiopathic. Without evidence that he was injured by a hazard in the closet, Mr. Holt’s injuries are considered idiopathic and not compensable. As t he Appeals Board has explained, “ An idiopathic injury is one that has an unexplained origin or cause, and generally does not arise out of the employment unless some condition of the employment presents a peculiar or additional hazard. ” Bullard v. Facilities Perf. Grp

., 2018 TN Wrk. Comp. App. Bd. LEXIS 37, at *7 (Aug. 7, 2018).
Typically, an employer furnishes medical treatment after an injury at work under section 50

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- 2 0 4

. I n instances like Mr. Holt’s case, where the injured worker does not know what caused the fall and cannot identify any hazards at work that caused or exacerbated his injuries, the employer is not required to authorize medical benefits because the injuries are not compensable. Id . at *8

- 9.
Under these circumstances, the Court cannot find that Mr. Holt’s injuries arose primarily out of his employment. He is not likely to prevail at a hearing on the merits at this time.

This case is set for a status hearing on September 19, 2024 , at 3:30 p.m. Eastern

. The parties must dial 855

- 543

- 5044 to participate in the hearing.

It is ORDERED

.

ENTERED Ju ly 22 , 20 2 4

.3 Brian K. Addington

________ ______________________________ BRIAN K. ADDINGTON , JUDGE Court of Workers’ Compensation Claims

APPENDIX

Exhibits: 1. Declaration of Jeremy Holt 2. Declaration of Patricia Thiemann 3. Wage Statement 4. Declaration of Jason Sanders 5. Medical bill s 6. Blue Care Tennessee explanation of benefits 7. Emails 8. Jeremy Holt’s D eposition transcript 9. Radiology report

.

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent on J uly 22 , 20 2 4

.

Name Certified

Mail Fax Email Service sent to:

Jeremy Holt

, Employee X X jeremyholt36@gmail.com 380 Old Mountain View Road Lot 3 Bluff City, Tennessee 37618 Eric Shen

, Employer’s Attorney X eric.shen@libertymutual.com laura.johnson

- peay@libertymutual.com

______________________________________ PENNY SHRUM, COURT CLERK wc.courtclerk@tn.govFor self

- represented litigants: Help from an Ombudsman is available at 800

- 332

- 2667. Right to Appeal : If you disagree with th e Court’s Order, you may appeal to the Workers’ Compensation Appeals Board. To do so, you must:

1. Complete the enclosed form entitled “Notice of Appeal” and f ile it with the Clerk of the Court of Workers’ Compensation Claims before the expiration of the deadline.  If the order being appealed is “ e xpedited” (also called “interlocutory”)
, or if the order does not dispose of the case in its entirety, the notice of appeal must be filed within seven (7) business days of the date the order was filed.  If the order being appealed is a “Compensation Order, ” or if it resolves all issues in the case, the notice of appeal must be filed within thirty (30) calendar days of the date the C ompensation O rder was filed. Wh en filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney
, if represented).

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar days after filing 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 al ternative, you may file an Affidavit of Indigency (form available on the Bureau’s website or any Bureau office) seeking a waiver of the filing fee. You must file the fully

- completed Affidavit of Indigency within ten calendar days of filing the Notice of A ppeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will result in dismissal of your appeal.

3. You are responsible for ensuring a complete record is presented on appeal. If no court reporter was present at the hearing, y ou may r equest from the C ourt C lerk the audio recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your appeal, which the Appeals Board has emphasized is important for a meaningful review of the case, a licensed court reporter must prepare the transcript
, and you must file it with the C ourt C lerk

. The Court Clerk will prepare the record for submission to the Appeal s Board, and you will receive notice once it has been submitted. For deadlines related to the filing of transcripts, statements of the evidence, and briefs on appeal , see the applicable rules on the Bureau’s website at https://www.tn.gov/wcappealsboard . (Click the “Read Rules” button.)

4. After the Workers’ Compensation Judge approves the record and the C ourt C lerk transmits it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order becomes enforceable

. See Tenn. Code Ann. § 50

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- 239(d)(3) (expedited/interlocutory orders) and Tenn. Code Ann. § 50

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- 239(c)(7) (compensation orders)

.LB -1099 rev. 01/20 Page 1 of 2 RDA 11082 NOTICE OF APPEAL Tennessee Bureau of Workers’ Compensation www.tn.gov/workforce/injuries- at -work/ wc.courtclerk@tn.gov | 1- 800

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Docket No. :

________________________ State File No.:

______________________ Date of Injury: _____________________

___________________________________________________________________________ Employee

v.

___________________________________________________________________________ Employer

Notice is given that ____________________________________________________________________

[List name(s) of all appealing party(ies). Use separate sheet if necessary.]

appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Co mpensation Appeals Board (check one or more applicable boxes and include the date filestamped on the first page of the order(s) being appealed):



### □ Expedited Hearing Order fil ed on

_______________ 

### □ Motion Order filed on ___________________



### □ Compensation Order filed on

__________________ 

### □ Other Order filed on

_____________________ issued by Judge _____________________________________________________________________

____ .

Statement of the Issues on Appeal Provide a short and plain statement of the issues on appeal or basis for relief on appeal:

______________________________________________________________________________________ __

______________________________________________________________________________________ __

______________________________________________________________________________________ __

______________________________________________________________________________________ __
Parties Appellant(s) (Requesting Party): _________________________________________ ☐ Employer ☐ Employee Address: _______________________________________________________

_ Ph one: ___________________ Email: __________________________________________________________ Attorney’s Na me:

_____________________________________________ _ BPR#: _______________________ Attorney’s E mail: _____________________________________________

_ Phone: _______________________ Attorney’s Ad dress:

_________________________________________________________________________ * Attach an additional sheet for each additional Appellant *LB -1099 rev. 01/20 Page 2 of 2 RDA 11082

Employee Name: _______________________________________ Docket No.: __________________

__ _ Date of Inj.:

____

___________

Appellee(s) (Opposing Party): ___________________________________________ ☐ Employer ☐ Employee App ellee’s Address:

_____________________________________________ _ Phone:

_ ___________________ Email: _________________________________________________________ Attorney’s Na me:

_____________________________________________ B PR#: ________________________ Attorney’s E mail: _____________________________________________ Phone:

_______________________ Attorney’s Ad dress:

_________________________________________________________________________ * Attach an additional sheet for each additional Appellee *

CERTIFICATE OF SERVICE

I, _____________________________________________________________, certify that I have forwarded a true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described in Tennessee Compilation Rules & Regulations, Chapter 0800- 02

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, to all parties and/or their attorneys in this case on this the __________ day of ___________________________________, 20 ____.

__ ____________________________________________ [Signature of appellant or attorney for appellant]