1 

### TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE

TERETHA RODGERS
, ) Docket No. 2019

- 06

- 1998

Employee, )

v. ) HBC d/b/a SAKS FIFTH AVENUE,

Employer
, And
SAFETY NATIONAL CASUALTY CORP.,
Carrier. ) ) ) State File No. 100976

- 2019

) ) ) Judge Joshua Davis Baker

____________________________________________________________________

EXPEDITED HEARING ORDER (DECISION ON THE RECORD)

____________________________________________________________________

This claim came before the Court on Ms. Rodgers’s request for expedited hearing
on the record

. Ms. Rodgers requested temporary disability and medical benefits, including reimbursement of medical expenses, for a meniscal tear in her right knee. For the reasons below, the Court denies Ms. Rodgers’s request.

Claim History

The Court derived the se facts from file documentation . Ms. Rodgers worked for HBC as a warehouse order picker, which involved climbing ladders and kneel ing

. On April 5, 2019

, Ms. Rodgers complained to her supervisor of right

- leg pain and left early
to obtain emergency care

.

The Court d oes not have the emergency room records but does have records of Ms. Rodgers’s treatment with Dr. Blake Garside. In itially , Dr. Garside suggested Ms. Rodgers believed her injury had occurred gradually without an identifiable cause when he wrote, “ She has been experiencing pain in the right knee now for 2 months

. . . She does not recall any specific injury.” Dr. Garside n either note d any potential causes n or suggest ed a primary cause. U ltimately, he surgically repaired Ms. R odgers ’ s lateral

m eniscus tear. 

## FILED May 28, 2020 11:37 AM(CT)

TENNESSEE COURT OF
WORKERS' COMPENSATION

CLAIMS2



### HBC asserted Ms. Rodgers deprived it of the opportunity to provide medical care

or temporary disability benefits by failing to report a work injury until six months after leaving work early for emergency treatment

. According to affidavits from two of her supervisors, M s. Rodgers said she could not work because of an injury and a surgery but

n ever said that work caused her injury

. Also, i n her application to HBC for a leave of absence, Ms. Rodgers wrote that she neede d leave for her “personal serious health
condition.”

Ms. Rodgers’s written statements convey uncertainty over the injury’s development

. In her petition

, Ms. Rodgers characterized her injury as developing over three weeks from climbing and kneeling at work. In her affidavit , however, she suggested her injury happened on April 5 while climbing ladders at work

.

Findings of Fact and Conclusions of Law

As an initial matter, HBC obj ected to including the majority of documen ts i n the claim file on hearsay grounds. These included: (1) NCCI proof of coverage i nquiry; Cigna Claim De tails; a billing statement from Vanderbilt University Medical Center; and billing statements from other medical providers. The Court agrees that these items are hearsay. Additionally, n one of these items are properly authenticated by a reco rd ’ s custodian

, so none f

all under any hearsay exceptions found in Tennessee Rule of
Evidence 901.

Turning to the substance of Ms. Rodgers ’ s claim, in order to prevail at an expedited hearing, she must present sufficient evidence from which the Court can
determine s he is likely to prevail at a hearing on the merits. Tenn. Code Ann. § 50

- 6

- 239(d)(1) (201 9 ). HBC argued Ms. Rodgers is not entitled to workers’ compensation

benefits because she did not present sufficient evidence of m edical causation and did not provide notice of a work injury. The Court denies Ms. Rodger s ’s requested benefits for lack of medical proof but declines to address the notice defense.

The Court declines to decide the notice issue for two reasons. First, the Court
holds that Ms. Ro dgers failed to present sufficient evidence of medical causation

. Second, the documentation does not clarify whether Ms. Rodgers alleged a gradual or an acute injury. For these reasons, the Court cannot determine whether Ms. Rodgers should have provided notice under Tenn essee Code Annotated section 50

- 6

- 201(a)(1) or section
50

- 6

- 201(b)

.

The notice issue aside, t he main failing of Ms. Rodger s ’s claim concerns expert medical proof. To prevail at a final hearing, Ms. Rodgers must prove she suffered a work injury by presenting “ expert medical proof that the alleged injury is causally related to the employment when the case is not ‘obvious, simple [or] routine.’” Berdnik v. Fairfield3



### Glade Com ’ ty Club , 2017 TN Wrk. Comp. App. Bd. LEXIS 32, at *10- 11 (may 18, 2017). Wh ile lay testimony is probative, it is insufficient to prove causation without
expert medical evidence. Scott v. Integrity Staffing Solutions , 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *12 (Aug. 18, 2015) ( “ Employee ’ s lay testimony in this case, without corroborative expert testimony, did not constitute adequate evidence of medical
causation. ” ).

Here, Ms. Rodgers failed to prove causation through expert medical evidence. In fact, based on the leave request she subnmitted to HBC, even Ms. Rodgers se emed unsure of the cause of her injury. Likewise, her surgeon, Dr. Garside, noted that Ms. Rodgers suffered knee pain for two months but stated “no specific injury.” Because she conveyed no specific injury, Dr. Garside did not relate the cause of her condition to work. Without expert medical evidence on causation, the Court cannot find that Ms. Rodgers
would likely prove her injury arose primarily out of her employment. Therefore, the
Court holds Ms. Rodgers is not likely to prevail at a final hearing.

IT IS ORDERED as follows:

1. The Court denies Ms. Rodgers’s request for benefits at this time.

2. The Court sets this claim for a scheduling hearing on July 6, 2020, at 9:30 a.m.
Central Time. The parties must call (615) 741-2113 or toll-free at (855) 874-
0474 to participate. Failure to call might result in a determination of the issues
without the party’s participation.

ENTERED Ma y 28, 2020.

___________________________________ Joshua Davis Baker, Judge
Court of Workers’ Compensation Claims4 

### APPENDIX

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing and Teresa Rodgers ’ s Affidavit

4. Affidavit of Nicki Wilcox

5. Affidavit of Charles Lohn

6. Affidavit of Bridget Hollis

7. Medical Records

8. Leave of Absence Request Form

9. Letter

CERTIFICATE OF SERVICE

I certify that a copy of this O rder was sent as indicated on Ma y 28 , 2020.

Name Certified

Mail Email Service sent to:

Teretha Rodgers, Employee X tarodgers5510@gmail.com

Catheryne Grant, Employer’s Attorney X catherynelgrant@feeneymurray.com jessica@feeneymurray.com

____________________________________________ Penny Shrum, Court 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 f ile 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 B ureau 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 fully

complete d 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 busine ss 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 Appe als 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 mu st 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 sta tement. 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’ 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 *

### L B -1108 ( R EV 11 / 15) R DA 11082 T e nn essee Bu rea u of Wo rkers’ Co m p e n sa t i on 220 F re n c h L a nd i ng D rive, I -B
N as h ville, TN 37243

- 1002
800

- 332

- 2667



### A FF I DAV I T O F 

### I ND IGE NCY

I, ________________________________________, ha vi ng been du ly sw o r n a cc o r d i ng to l a w
, m a k e oath that
be c au s e of my po v e r t y , I a m unab l e to bea r the c o s t s of th is appea l and r eque s t that the f ili ng fee to appea l be

w a iv ed. T he fo ll o wi ng fa c t s s uppo r t my po v e r t y

.

1. F u ll N a m e: 2. Add r e ss :

3. T e l ephone N u m be r : 4. D ate of B ir th:

5. N a m e s and Age s of A ll D ependent s :

______________________________________ R e l at i on s h i p:

______________________________________ R e l at i on s h i p:

______________________________________ R e l at i on s h i p:

______________________________________ R e l at i on s h i p:

6. I a m e m p l o y ed b y :

My e m p l o y e r’s add r e ss is :

My e m p l o y e r’s phone nu m be r is :

7. My p r e s ent m onth ly hou s eho l d i n c o m e, afte r fede r a l i n c o m e and s o ci a l s e c u ri t y ta x e s a r e dedu c ted, is :

$ ___________________

8. I r e c e iv e o r e x pe c t to r e c e iv e m one y f r o m the fo ll o wi ng s ou rc e s :

A FDC $ ________ pe r m onth beg i nn i ng
SSI $ ________ pe r m onth beg i nn i ng

R et ir e m ent $ ________ pe r m onth beg i nn i ng

Dis ab ili t y $ ________ pe r m onth beg i nn i ng

U ne m p l o ym ent $ ________ pe r m onth beg i nn i ng

W o rk e r’s C o m p. $ ________ pe r m onth beg i nn i ng

Othe r $ ________ pe r m onth beg i nn i ng

### L B -1108 ( R EV 11 / 15) R DA 11082 9. My e x pen s e s a r e:

R ent/ H ou s e Pa ym ent $ ________ pe r m onth M ed ic a l / D enta l $ ___________ pe r m onth

G r o c e ri e s $ ________ pe r m onth T e l ephone $ pe r m onth

E l e c t rici t y $ ________ pe r m onth S c hoo l Supp li e s $ pe r m onth

W ate r $ ________ pe r m onth Cl oth i ng $ pe r m onth

Ga s $ ________ pe r m onth C h il d C a r e $ pe r m onth

Tr an s po r tat i on $ ________ pe r m onth C h il d Suppo r t $ pe r m onth

C a r $_________ pe r m onth

Othe r $ _______ pe r m onth ( de scri be: )

10. A ss et s :

Auto m ob il e $ (FM V )

C he cki ng/Sa vi ng s A cc t. $

H ou s e $ (FM V )

Othe r $ D e scri be:

11. My debt s a r e:

A m ount O w ed T o W ho m

I h ere b y d eclare und er th e p e n al t y of p erj u ry th a t th e fo re go i ng a n swers are t r u e, c o rrec t , a nd c o m p le t e

a nd th a t I am f i n a n cially un a b le to p ay th e c o s t s of th is a pp eal.

_ APPELLA NT

S w o r n and s ub scri bed befo r e m e, a nota ry pub lic , th is

_______ da y of , 20_______.

N O T A R Y P U BLI C

My C o mmissi on E x p ir e s :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]