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... W TENNESSEEBUREAU OFWORKERS' COMPENSATION INTHE COURTOFWORKERS' COMPENSATIONCLAIMS AT COOKEVILLE Linda Green, Employee, 

### v. Rogers Group, Employer, And LibertyMutualInsuranceCo., Carrier. ) DocketNo.: 2016-04-0085 ) ) ) StateFile No.: 99072-2015 ) ) ) JudgeRobertDurham )

EXPEDITEDHEARING ORDERGRANTINGTEMPORARYDISABILITY BENEFITSAND DENYINGMEDICALBENEFITS (Decision on the Record)

This cause came before the undersigned Workers' Compensation Judge upon the Request for Expedited Hearing (REH) filed by Ms. Green to determine ifRogers Group is obligatedtopay for medical treatmentMs. Greenreceived following her fall at work as well as temporary total disability benefits. Ms. Green requested the Court issue a ruling based on a review ofthe file without an evidentiary hearing, and Rogers Group did not object.On March 16, 2017, the Court sent aDocketingNotice to the parties regarding the contents ofthe record before it. Neither party objected to the Court considering any of the records listed in the Docketing Notice in rendering its decision. Considering the positions ofthe parties, the applicable law, and all ofthe evidence submitted, the Court concludes it needs no further information to render judgment. The Court holds Ms. Green has provided sufficient evidence to establish she is likely to prevail at a compensation hearing with regard to temporary total disability benefits, butnot regarding medical expenses incurred subsequentto herinitial discharge from the hospital. HistoryofClaim OnDecember 11, 2015, Ms. Green was working as a dispatcher for Rogers Group,
1a rock and gravel provider, when she fell approximately eight feet from a catwalk while at a ticket printer box. Although it did not dispute the fall occurred, Rogers Group originally denied the claim onthe basis that Ms. Green was intoxicated atthe time ofthe fall. Following an expedited hearing, the Court issued an order on February 21, 201 7, holding Rogers Group was unlikely to prevail at a compensation hearing on its intoxication defense. The Court ordered Rogers Group to pay for Ms. Green's emergency room treatment from December 11 through her initial discharge onDecember 13, and further ordered Rogers Group to provide a panel ofphysicians from which Ms. Green could seek further medical care. However, the Court also held that Ms. Green did not provide sufficient evidence to establish the reasonableness and necessity ofmedical expenses incurred through herreadmission to the hospital from December 13 through 1 7, or her request for temporary disability benefits while offwork following her fall. (T.R. 3.) Ms. Green filed this REHin an attemptto obtainthosebenefits. (T.R. 1.)
At the prior hearing, Ms. Green and her husband, Larry Green, testified that immediately following herdischarge from Skyline onthe 13th, they received aphone call from Skyline urging her to return to the hospital as quickly as possible due to tests that revealed a serious oxygen deficiency. Ms. Green immediately returned by ambulance to Skyline complaining of "feeling terrible" and suffering from respiratory insufficiency. She was readmitted to the hospital, where she stayed until December 17. According to the discharge report recently provided by Ms. Green, Dr. David Bentley opined that Ms. Green had been discharged "prematurely" by the nursing staffat Skyline on December 13. (Ex. 3.) According to the admission report from December 13, Ms. Green suffered "multiple right-sided rib fractures and transverse process fractures ofher lumbar spine." Ms. Green underwent a chest CT that revealed a right hydropneumothorax that was not present on the study taken on December 11. Dr. Benjamin Tourkow also diagnosed Ms. Green with a pulmonary embolism in herright lung and a partial lung collapse. (Ex. 1 at 1, 2, 7, 24.) Skyline treated Ms. Green's embolism with blood thinners, Heparin and Coumadin, and kept her under close observation during her hospital stay. When discharged, Dr. Haile Mezghebe recommended Ms. Green avoid strenuous activity, with no lifting more than three to five pounds; use home oxygen, an LSO brace, and an incentive spirometer at home; and continue taking pain medication and Coumadin with regularcheck-ups ofherCoumadinlevels. (Ex. 3.)
As recommended by Dr. Mezghebe, Ms. Green sought additional treatment with her personal care physician, Richard Rutherford, at CarthageFamily Practice (CFP), who monitored her Coumadin levels. 1 On January 18, 2016, Physician's Assistant Peter

1 While Ms. Green primarily saw Physician's Assistant, Peter Alfano, at CFP, Dr. Rutherford reviewed and 2Alfano recorded Ms. Green was there for "follow-up/recent evaluation of right rib fractures from a fall on 12/11115. Resulted in secondary pneumothorax and pulmonary embolus." (Ex. 3.)
Ms. Green continued treatment with CFP, noting improvement on February 18, and stating she was "readyto return to work as atruck dispatcher." !d. at 16. Ms. Green provided a letter from Dr. Rutherford dated February 23, stating that Ms. Green was under his care beginning on December 21 , 2015, and was released to return to work on February 22, 2016. He further stated that "her loss ofwork during this time was directly relatedto her work comp. injury." (Ex. 4.) Ms. Green continuedto treat at CFP for pain in her lowback and right ribs until April 24. She also offered anote from Acute Surgical Care Specialists stating she was under doctor's care from December 13 through December29, 2015. According to Ms. Green's wage statement, her average weekly wage with Rogers Group was $943.69, resulting in acompensationrate of$629.26

. Findings ofFact and Conclusions ofLaw As in all workers' compensation actions, Ms. Green, as the claimant, has the burden of proof on all essential elements of her claim. Scott v. Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 2015). However, since this is an expedited hearing, she only has the burden to come forward with sufficient evidence from which the trial court can determine she is likely to prevail at a hearing on the merits in order to meet her burden. McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
In its defense ofMs. Green's claim for benefits, Rogers Group first argues thatthe Courthas already rendered a decision with regard to these benefits. In its previous order, the Court ordered Rogers Group to provide a panel ofphysicians from which Ms. Green can choose an authorized physician and deferred any decision regarding temporary benefits and further reimbursement of past medical expenses until the authorized physician addressedthese issues. Thus, Rogers Group argues, since Ms. Greenhas yet to choose an authorized physician, any decision regarding issues of temporary disability benefits andpastmedical expenses would be premature. The Court'sFebruary 21 ExpeditedHearing Orderwas an interlocutory order. See Tenn. Code Ann. § 50-6-239(d)(l) (2016). "Interlocutory" is defined as "provisional, temporary, not final, i.e., something intervening betweenthe commencement and the end ofthe suit which decided some point or matter, but is not the final decision ofthe whole controversy." Gentry v. Gentry, 2016 Tenn. App. LEXIS 948, at 8 (Tenn. Ct. App. Dec.

approvedthe records as noted byhis electronic signature

.39, 2016). Given that the Expedited Hearing Order is not the "final decision," bothparties have the opportunity to present new evidence on issues that were decided by the Court based on the evidencethat was before it atthe time. !d. As to the Court's "deferral" ofthese issues until an authorizedphysician addressed them, such language was merely a means to indicate that the issues could be reintroduced once either party obtained additional evidence. To exclude either party from entering otherwise admissible evidence for the Court to consider on issues regarding medical benefits and temporary disability would be contrary to the intent of the Expedited Hearing process. See Tenn. Code Ann. § 50-6-239(d)(l) (2016). Therefore, the Court must consider whether Ms. Green provided sufficient additional evidence to warrant a holdingthat she is likely to prevail in establishing her entitlementto the medical expenses andtemporary disability benefits in question. With regard to medical expenses, whether an employee is justified in seeking payment for unauthorized medical expenses from an employer depends upon the circumstances ofeach case. Buchanan v. Mission Ins. Co., 713 S.W.2d 654, 656 (Tenn. 1986). An injured employee "has the burden of establishing the necessity and reasonableness of charges incurred under physicians not designated or otherwise approvedby the employer." Russellv. Genesco, Inc., 651 S.W.2d 206, 211 (Tenn. 1983). Ms. Green's supplemental evidence establishes that her discharge from Skyline was "premature" and she was urged to return to the emergency room by Carthage Family Practice. While this evidence is sufficient to establish her need for continued medical treatment, itdoes not establish a causal link between her work accident and the need for treatment. Furthermore, no physician has addressed the reasonableness and necessity ofa four-day stay in the hospital following her initial discharge or the subsequent treatment provided by Carthage Family Practice. Ms. Green must present expert medical opinion addressing these issues before the Court can determine she would be likely to prevail at a compensationhearing, and she has yetto do so. In order to receive temporary total disability benefits, Ms. Green must prove (1) total disability from working as the result of a compensable injury; (2) a causal connectionbetweenthe injury andthe inabilityto work; and (3) the duration ofthe period ofdisability. Shepherdv. Haren Canst. Co., Inc., etal., 2016 TN Wrk. Comp. App. Bd. LEXIS 15, at *13 (Mar. 30, 2016). It goes without saying that Ms. Green was totally disabled while in the hospital on December 12 and 13, which the Court previously found was due to her work-related injury. Furthermore, Ms. Green provided a note from Dr. Richard Rutherford, her family practitioner, stating she was unable to work from December 21, 2015, through February 22, 2016, and her inability to work was "directly related"to herwork injury. Therefore, based on the evidence before the Court at this time, the Court finds Ms. Green is likely to prove she is entitled to temporary total disability benefits for December
412 and 13, 2015, as well as from December 21, 2015, through February 22, 2016. Based on her compensation rate of$629.26, this totals $5,843.13 in temporary total disability benefits, which Rogers Group is obligatedto payMs. Green.
IT IS, THEREFORE, ORDERED:
1. Rogers Group shall pay temporary total disability benefits m the amount of $5,843.13.
2. Rogers Group is not required to pay any medical expenses incurred subsequent to Ms. Green's initial discharge from Skyline Hospital on December 13, 2015, at this time. 3. This matter is set for a Scheduling Hearing on April 10, 2017, at 1:30 p.m. C.S.T. Theparties ortheir counsel must call615-253-0010 ortoll-free at 855-689-9049 to participate in the hearing. Failure to call may result in a determination of the issues withoutyour furtherparticipation. 4. Unless interlocutory appeal ofthe Expedited Hearing Order is filed, compliance withthis Ordermust occurno laterthan sevenbusiness days from the date ofentry ofthis Order as required by Tennessee Code Annotated section 50-6-239(d)(3) (2016). The Insurer or Self-Insured Employer must submit confirmation of compliance with this Order to the Bureau by email to WCCompliance.Program@tn.gov no later than the seventh business day after entry ofthis Order. Failureto submitthe necessary confirmationwithintheperiod of compliance may result in a penalty assessment for non-compliance. For questions regarding compliance, please contact the Workers' Compensation Compliance Unit via email WCCompl iance.Program@tn.gov or by calling (615) 253-1471.
ENTEREDTHISTHEt:;)_th DAYOFAPRIL,2017.

R bert V. Durham, Judge Court ofWorkers' Compensation Claims

5APPENDIX Exhibits: 1. All exhibits entered from the Expedited Hearing Order issued from an**On~the~** Record determination on November 3, 2016, as well as all exhibits and testimony from the ExpeditedHearing on February 10, 2017 2. Affidavit ofMs. Green 3. Additional medical records from Skyline Medical Center 4. Letterfrom Dr. Richard Rutherford Technical Record: 1. Request for Expedited Hearing 2. Employer'sResponse to REH 3. ExpeditedHearing Orderentered on February 21, 2017

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy ofthe Expedited Hearing Order was sent to the following recipients by the following methods ofservice on this the

_ day of April, 201 7. Name Certified Mail Linda Green X

HeatherDouglas Via Via Service sentto: Fax Email X P.O. Box 32, Riddleton, TN 37151 cookieioeg@gmail

.com X hdouglas@Jmanierherod.com

Pe ny Sh u , ClerkofCourt Courtof orkers' Compensation Claims WC.CourtClerk@tn.gov

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