1

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE 

Lisa Hutchison, ) Docket No. 2021-06-1619

Employee, )

v. )

Health Center at Standifer Place, ) State File No. 89873-2021

Employer, )

And )

AIU Ins. Co., ) Judge Kenneth M. Switzer

 Carrier. )

EXPEDITED HEARING ORDER

Lisa Hutchison seeks workers’ compensation benefits for a knee injury suffered 

from a fall while working for Health Center at Standifer Place. Standifer counters that her 

fall and resulting injury were idiopathic, and therefore it properly denied the claim. After 

an August 10 expedited hearing, the Court holds that Ms. Hutchison is not likely to prevail 

at a hearing on the merits regarding her requested relief at this time. The Court refers 

Standifer to the Compliance Program to consider penalizing Standifer for its failures to 

participate in mediation and appear at court hearings.

Claim History

Ms. Hutchison testified that, as she began her shift on November 28, 2021, she 

entered Standifer’s housekeeping room and started removing mop heads and cleaning rags 

from a plastic bag. A noise from outside the room startled her, and she dropped the bag. 

Ms. Hutchison then turned around to retrieve an item from her cleaning cart and slipped on 

the bag, causing her to fall to the floor on her right side. She testified that she hit her head 

against the wall on the way down and felt “loopy” from the impact.

After she got her bearings, Ms. Hutchison called for assistance. Two co-workers, 

“Miss Avana” and “Miss Nancy,” helped her to her feet and walked her to the supervisor’s 

office, where she reported the injury. Later that same day, she recalled that she slipped on 

the bag.

FILED

Aug 17, 2022

08:26 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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Standifer offered a panel but then denied Ms. Hutchison’s claim on December 10. 

The notice states that her accident was “the result of an idiopathic situation, as opposed to, 

an accidental injury.”

As for treatment so far, per her supervisor’s instructions, Ms. Hutchison scheduled 

a telemedicine appointment and consulted with that doctor twice. Afterward, she saw an 

authorized physician, who took x-rays, and her primary care physician prescribed crutches. 

She did not introduce records from any of these providers.1

Ms. Hutchison filed a petition for benefit determination on December 22. On crossexamination, Standifer’s attorney noted that she wrote on the petition that her injury was 

caused by “[t]urning around little to [sic] quickly and tripping over my feet.” Counsel 

pointed out that she had just testified that after she reported her fall, she recalled that same 

day that it was caused by slipping on a bag. Yet she did not mention it on her petition but 

wrote that she tripped on her feet. Ms. Hutchison responded, “That’s what I thought I had 

done. But I had forgotten that I had dropped the bag, because I ended up getting startled.” 

She added, “All this stuff was new to me. I didn’t know exactly what to write,” and no one 

“was helping me until much later.”

As to this case’s procedural history and penalty referral, the carrier’s third-party 

administrator did not cooperate with scheduling mediation, despite having notice of the 

claim. The mediator filed a dispute certification notice with an attachment documenting 

Standifer’s failure to mediate in good faith. Afterward, the Court set two status hearings,

where no one appeared on Standifer’s behalf. Standifer’s counsel appeared at a status 

hearing in June, where Ms. Hutchison requested this hearing.

Findings of Fact and Conclusions of Law

Ms. Hutchison must show that she is likely to prevail at a hearing on the merits 

regarding Standifer’s responsibility for workers’ compensation benefits. See Tenn. Code 

Ann. § 50-6-239(d)(1) (2021); McCord v. Advantage Human Resourcing, 2015 TN Wrk. 

Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

1 Ms. Hutchison filed a note from an urgent care clinic giving a diagnosis and work restrictions. She also 

attempted to introduce a similar document listing restrictions from another medical group. Standifer 

objected to both, which the Court sustained. The urgent care note is unsigned, while the medical group 

note is signed but does not identify the individual who signed it as a physician. See Tenn. Comp. R. and 

Regs. 0800-02021-.16(2)(b) (February, 2022) (“Medical records . . . are self-authenticating and admissible 

when signed by a physician or accompanied by a form signed by a medical provider or records custodian 

certifying that the records and/or bills are true and accurate. . . . An electronic signature suffices[.]” 

(Emphasis added).
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An employer must furnish medical treatment for work-related injuries. Tenn. Code 

Ann. § 50-6-204(a)(1)(A) (Emphasis added). Standifer argued that Ms. Hutchison’s injury

was not work-related but idiopathic.2

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.’” Veler v. Wackenhut Servs., No. E2010-00965-WC-R3-

WC, 2011 Tenn. LEXIS 78, at *9 (Tenn. Workers’ Comp. Panel Jan. 28, 2011). An injury 

that occurs due to an idiopathic condition is compensable “if an employment hazard causes 

or exacerbates the injury.” McCaffery v. Cardinal Logistics, 2015 TN Wrk. Comp. App. 

Bd. LEXIS 50, at *10 (Dec. 10, 2015). Further, the Tennessee Supreme Court wrote, 

“Tennessee courts have consistently held that an employee may not recover for an injury 

occurring while walking unless there is an employment hazard, such as a puddle of water 

or a step, in addition to the injured employee’s ambulation.” Wilhelm v. Kroger, 235 

S.W.3d 122, 128-29 (Tenn. 2007).

Here, Ms. Hutchison testified that she slipped on a plastic bag, injuring her right 

side including her knee. She also stated that she hit her head in the fall and felt “loopy,”

but that same evening she recalled slipping on the bag. However, on her petition, she wrote 

that tripping on her feet caused the fall. The petition does not mention the bag. Ms. 

Hutchison is representing herself and stated on cross-examination that she “didn’t know 

what to write” since no one was helping her. However, as the Appeals Board observed, 

“while we acknowledge the legitimate challenges faced by a party who proceeds without 

an attorney, we cannot relax the standards of proof or excuse evidentiary deficiencies.” 

Darraj v. McKee Foods Corp., 2017 TN Wrk. Comp. App. Bd. LEXIS 4, at *16 (Jan. 17, 

2017).

Ms. Hutchison’s response does not adequately explain the absence of critical 

information on her petition. Moreover, she did not offer additional evidence to support her 

testimony regarding how she became injured, such as affidavits or live testimony from 

coworkers, or admissible medical records documenting how she became injured from the 

various providers she recounted in her testimony.

The Court has no reason to doubt Ms. Hutchison’s testimony that she fell at work 

and is in pain. But on this record, the Court cannot find that she is likely to prevail at a 

hearing on the merits that she suffered an injury arising primarily from work. Tenn. Code 

Ann. § 50-6-102(14). Nothing precludes her from obtaining supplemental evidence and 

renewing her requests.

2

In Standifer’s closing argument, counsel contended that Ms. Hutchison did not prove medical causation. 

The Appeals Board has held that, at an interlocutory hearing, an employee need not prove the 

compensability of the claim but may still be entitled to medical benefits, where the employee offers 

sufficient evidence to support the conclusion that the alleged work incident occurred. Lewis v. Molly Maid,

2016 TN Wrk. Comp. App. Bd. LEXIS 19, at *7-9 (Apr. 20, 2016).
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As a final matter, the Court refers the case to the Compliance Program for 

consideration of a penalty. Tennessee Code Annotated section 50-6-118(8) and (9) calls 

for penalties for a party’s failure “to appear or to mediate in good faith at any alternative 

dispute resolution proceeding” and failure to comply with a court order. Here, the mediator 

wrote that the third-party administrator did not cooperate in scheduling a mediation or 

participate in it. Standifer also did not appear at the first two status hearings in this case.

IT IS, THEREFORE, ORDERED AS FOLLOWS:

1. Ms. Hutchison’s requested relief is denied at this time. 

2. This case is set for a status hearing on September 26, 2022, at 9:15 a.m. 

Central Time. You must call 615-532-9552 or 866-943-0025. Failure to appear 

might result in a determination of the issues without the party’s participation.

3. This case is referred to the Compliance Program for consideration of the 

imposition of penalties.

ENTERED August 17, 2022.

________________________________________

JUDGE KENNETH M. SWITZER

Court of Workers’ Compensation Claims
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Appendix

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice, and Mediator’s Attachment

3. Order Setting Status Hearing

4. Order on Status Hearing, May 17, 2022

5. Order Resetting Status Hearing

6. Order on Status Hearing, July 27, 2022

7. Hearing Request

Evidence:

1. Declaration of Ms. Hutchison

2. Form C-42 Choice of Physician

3. Form C-23 Notice of Denial and cover letter

4. Restrictions from Fast Pace (identification only)

5. Restrictions from Tennova (identification only)

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on August 17, 2022.

Name Certified 

Mail

Regular 

mail

Email Sent to

Lisa Hutchison, 

employee

X X 703 Spring Street

Dover TN 37058

Bumpusgirl1979@aol.com

Gerard Jabaley, 

employer’s attorney

X gjabaley@wimberlylawson.com

aburge@wimberlylawson.com

Compliance 

Program

WCCompliance.Program@tn.gov

_______________________________________

Penny Shrum

Clerk, Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

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: “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.
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 | 1-800-332-2667 

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’ Compensation 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 filed 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: ________________________________________________________ Phone: ___________________ 

Email: __________________________________________________________ 

Attorney’s Name: ______________________________________________ BPR#: _______________________ 

Attorney’s Email: ______________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* 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 

Appellee’s Address: ______________________________________________ Phone: ____________________ 

Email: _________________________________________________________ 

Attorney’s Name: _____________________________________________ BPR#: ________________________ 

Attorney’s Email: _____________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* 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 0800-02-21, to all parties and/or their attorneys in this 

case on this the __________ day of ___________________________________, 20 ____. 

 ______________________________________________ 

[Signature of appellant or attorney for appellant]