1 TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

SHANEACE BROOKS

, ) Docket No. 2020

- 08

- 0689

Employee, )

v. )

FEDERAL EXPRESS

CORPORATION

, )

) State File No. 39488

- 2019

Employer, )

A nd ) Judge Brian K. Addington

INDEMNITY INSURANCE

COMPANY OF NORTH AMERICA

, )

)

Carrier. )

COMPENSATION ORDER

The Court held a Compensation Hearing on December 2, 2022. Ms. Brooks

requested medical and permanent partial disability benefits relating to a May 30, 2019,

serious work accident

. FedEx contended that Ms. Brooks did not introd uce sufficient

medical evid ence to support her claim. For the following reasons, the Court holds that Ms.

Brooks is entitled to future medical benefits for her physical injury but no disability

benefits or treatment for her alleged mental injury

.

History of Claim

A motorized tug ran over Ms. Brooks at work on May 30, 2019. The impact crush ed

her right leg and caused multiple fractures and large lacerations. She spent weeks in the

hospital recovering from multiple surgeries, including skin grafts, performed by Dr. John

Weinlien.

After months of treatment, Dr. Weinlien eventually released Ms. Brooks for

sedentary work in January 2020. She resigned her job wit h FedEx in February to focus on

her health and to work as a hairdresser. In May, Dr

. Weinlien placed Ms. Brooks at

maximum medical improvement, released her to full

- duty work

, and assigned an

impairment rating. 

### FILED

Dec 13, 2022

12:02 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS2

A few weeks later

, Ms. Brooks began treat ment with psychiatrist Melvin Goldin for

post

- traumatic stress disorder. He finished treating her in July and gave her a zero

- percent

impairment rating. However, Ms. Brooks continued to have symptoms after h er release

and return ed to Dr. Goldin for addit ional treatment. Ultimately, Dr. Goldin stated Ms.

Brooks ’s current problems were not related to her work incident.

Ms. Brooks was dissatisfied with Dr. Weinlien’s rating as well as Dr. Goldin’s

treatment. S he did not want to take any medications that wo uld interfere with her work as

a hairdresser and felt her providers could do more to bring her back to her pre

- injury state.

She believed her depression was caused by her work injury , and it needed to be properly

addressed. She wanted to choose her own providers.

Federal Express counter ed that she i s at maximum medical improvement, and she

had not submitted medical evidence to contradict the treatment and opinions of the

authorize d p hysician s. Neither party took expert depositions.

Findings of Fact and Conclusions of Law

At a Compensation Hearing, Ms. Brooks must present sufficient evidence showing

that she is entitled to the requested relief by a preponderance of the evidence. Tenn. Code

Ann. § 50

- 6

- 239(c)(6) (2022). Further, the Court can only consider issue s certified by a

mediator on the Dispute Certification Notice. Tenn. Code Ann. § 50

- 6

- 239(a)

- (b)(1).

Here, the only issue marked disputed was permanent disability benefi ts.

Regarding this issue, Ms . Brooks argue d that Dr. Weinlien did not u s e the Sixth

Edition of the A merican Medical Association’s Guides to the Evaluation of Permanent

Impairment correctly . However, she did not present expert medical proof showing why

Dr. Weinlien’s rating was incorrect or providing a contrary rating.

As with any workers’ compensation injury, the Court must first determine whether

the injury is causally related to Ms. Brooks’s accident. While expert testimony is normally

necessary to prove causation, the Court holds that the cause of Ms. Brooks’s physical

inju ries w as simple and obvious

, and therefore she did not need to present expert medica l

evidence to support a finding that she suffered physical injur ies that arose primarily ou t of

and in the course and scope of her employment. Cloyd v. Hartco Flooring Co ., 274 S.W.3d

638, 643 (Tenn. 2008) (quoting Orman v. Williams Sonoma, Inc ., 803 S.W.2d 672, 676

(Tenn. 1991)).

However, w hen it comes to permanen t disability, it was necessary for Ms. Brooks

to support her contentions with expert medical evidence

. She did not introduce expert

medical evidence : either a C

- 32 form under Tennessee Code Annotated Section 50

- 6

- 235(c)(1) or any medical deposition testim ony. The Court cannot substitute its opinion for

that of medical professionals.3

Thus , although Ms. Brooks proved she suffered an obvious injury at work, she did

not prove the extent of the permanency of her injury. T he Court can only find that she is

ent itled to continued medical treatment with Dr. Wei n lien. Ms. Brooks is not entitled to

treat with a different p hysician solely on her lay opinion that Dr. Weinlien did not

appropriately address her injury or impairment.

Ms. Brooks’s lack of expert medical opinion also defeats her claim for additional

treatment and permanent disability benefits for her psychological injury

. B ecause Dr.

Goldin’s last medical note says that Ms. Brooks’s current problem s were not related to her

leg inju ry

, and Ms. Brooks did not provide any contrary medical opinions , the Court cannot

award her further medical or permanent disability benefits for her alleged psychological

injury.

IT IS, THEREFORE, ORDERED as follows:

1 . Federal Express shall pay future medical benefits for Ms. Brooks’s right

- leg

injury under Tennessee Code Annotated section 50

- 6

- 204.

2 . The Court taxes the $150.00 filing fee to Federal Express, to be paid to the Court

Clerk under Tennessee Compilation Rules and Regulations 0800

- 02

- 21

- .06 (2022)

within five business days of this order becoming final, and for which execution

might issue if necessary.

3 . Federal Express shall prepare and submit to the Court Clerk a Statistical Data

Form (SD2) within five business days of this order becoming final

.

4 . Unless appealed, this order shall become final thirty days after issuance.

ENTERED December 13

, 20 22

.

________ ______________________________ BRIAN K. ADDINGTON , JUDGE

Court of Workers’ Compensation Claims4 Appendix

Exhibits:

1. Affidavit of Shaneace Brooks

2. Wage Statement

3. Final Medical Report

4. Medical Records of Regional One Health 1

5. Medical Records of Dr. Melvin Goldin

6. Medical Records of Campbell Clinic

7. Medical Records of Ortho South

8. Photographs (collective)

9. Journal entries

10. Email (for identification only)

11. Text messages (for identification only)

12. Web page print out (for identification only)

13. Final Medical Report (for identification only) 2

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Employer’s Position Statement

4. Hearing Request

5. Scheduling Order

6. Transfer Order

7. Notice of Appearance

8. Pre

- Compensation Hearing Brief of Employer/Carrier

9. Pre

- Compensation Hearing Statement of Employer/Carrier

10. Employer/Carrier’s List of Proposed Witnesses for Compensation Hearing

11. Employer/Carrier’s List of Proposed Exhibits for Compensation Hearing

12. Final Dispute Certification Notice

1 The Court did not consider hearsay within any of the medical record exhibits.

2 Exhibits 1 0

- 12 were not timely submitted to the Court and were not considered. A search for exhibit 13

shows it was not submitted before the hearing and is thus excluded from evidence.5 CERTIFICATE OF SERVICE

I certify that a correct copy of this Order was sent on December 13 , 20 22

.

Name Certified

Mail Fax Email Service sent to:

Shaneace Brooks

, Employee X X 924 Restbrook Ave.

Memphis, TN 38124

bshaneace@yahoo.com

Stephen Miller and

Joseph Baker,

Employer’s Attorney s X smiller@mckuhn.com

jbaker@mckuhn.com

mdoherty@mckuhn.com

______________________________________ PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.govFor self

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

- 332

- 2667. Compensation Order Right to Appeal :

If you disagree with this Compensation 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 wi thin thirty calendar days of the date the

C ompensation O rder was filed. When filing the Notice of Appeal, you must serve a copy

upon 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. The Court Clerk

will prepare the technical record and exhi bits for submission to the Appeals Board, and you

will receive notice once it has been submitted. If no court reporter was present at the hearing,

y ou may request from the C ourt C lerk the audio recording of the hearing for a $25.00 fee.

A licensed court reporter must prepare a transcript

, and you must file it with the C ourt C lerk

within fifteen calendar days of filing the Notice of Appeal. Alternatively, you may file a

statement of the evidence prepared jointly by both parties within fifteen calend ar days of

filing the Notice of Appeal. The statement of the evidence must convey a complete and

accurate account of the testimony presented at the hearing. The Workers’ Compensation

Judge must approve the statement of the evidence before the record is s ubmitted to the

Appeals Board. If the Appeals Board must 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. After the Worke rs’ 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. You ha ve fifteen

calendar days after the date of that notice to file a brief to the Appeals Board. See the R ules

governing the Workers’ Compensation Appeals Board on the Bureau’s website

If neither party timely files an appeal with the Appeals Board, the trial court’s Order will

become final by operation of law thirty calendar days after entry. Tenn. Code Ann. § 50

- 6

- 239(c)(7).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’ 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

- 21

, to all parties and/or their attorneys in this

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

__ ____________________________________________ [Signature of appellant or attorney for appellant]LB

- 1108 (REV 11/15) RDA 11082 Tennessee Bureau of Workers’ Compensation

220 French Landing Drive, I

- B

Nashville, TN 37243

- 1002

800

- 332

- 2667

A FFIDAVIT OF I NDIGENCY

I, ________________________________________, having been duly sworn according to law, make oath that

because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be

waived. The following facts support my poverty.

1. Full Name: 2. Address:

3. Telephone Number: 4. Date of Birth:

5. Names and Ages of All Dependents:

___________ ___________________________ Relationship:

_________________________ _____________ Relationship:

______________________________________ Relation ship:

______________________________________ Relationship:

6. I am employed by:

My employer’s address is:

My employer’ s phone number is:

7. My p resent monthly household income, after federal income and social security taxes are deducted, is:

$

___________________

8. I receive or expect to receive money from the following sources:

AFDC $ ________ per month beginning

SSI $ ________ per mo nth beginning

Retirement $ ________ per month beg inning

Disability $ ________ per month beginning

Unemployment $ ________ per month beginning

Worker’ s Comp. $ ________ per month beginning

Other $ ________ per month beginningLB

- 1108 (REV 11/15) RDA 11082 9. My expenses are:

Rent/House Payment $ ________ per month Medical/Dental $ __

_ _____ ___ per month

Groceries $ ________ per month Telephone $ per month

Electricity $ ________ per month School Supplies $ per month

Water $ ________ per month Clothing $ per month

Gas $ ________ per month Child Care $ per month

Transportation $ ________ per month Child Support $ per month

Car $_________ per month

Other $ _______ per month (describe: )

10. Assets:

Automobile $ (FMV)

Checking/Savings Acct

. $

House $ (FMV)

Other $ Describe:

11. My debts are:

Amount Owed To Whom

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete

and that I am financially unable to pay the costs of this appeal

.

_ APPELLANT

Sworn and subscribed before me , a notary public, this

_______ day of , 20

_______ .

NOTARY PUBLIC

My Commission Expires: