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 these facts from file documentation. Ms. Rodgers worked for 

HBC as a warehouse order picker, which involved climbing ladders and kneeling. On 

April 5, 2019, Ms. Rodgers complained to her supervisor of right-leg pain and left early 

to obtain emergency care. 

The Court does not have the emergency room records but does have records of 

Ms. Rodgers’s treatment with Dr. Blake Garside. Initially, 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 neither noted any potential causes nor 

suggested a primary cause. Ultimately, he surgically repaired Ms. Rodgers’s lateral 

meniscus tear. 

FILED

May 28, 2020

11:37 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
2

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, Ms. Rodgers said she could not work because of an injury and a surgery but 

never said that work caused her injury. Also, in her application to HBC for a leave of 

absence, Ms. Rodgers wrote that she needed 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 objected to including the majority of documents in the 

claim file on hearsay grounds. These included: (1) NCCI proof of coverage inquiry; 

Cigna Claim Details; a billing statement from Vanderbilt University Medical Center; and 

billing statements from other medical providers. The Court agrees that these items are 

hearsay. Additionally, none of these items are properly authenticated by a record’s 

custodian, so none fall 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 she is likely to prevail at a hearing on the merits. Tenn. Code Ann. § 50-6-

239(d)(1) (2019). HBC argued Ms. Rodgers is not entitled to workers’ compensation 

benefits because she did not present sufficient evidence of medical causation and did not

provide notice of a work injury. The Court denies Ms. Rodgers’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. Rodgers 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 Tennessee Code Annotated section 50-6-201(a)(1) or section

50-6-201(b). 

The notice issue aside, the main failing of Ms. Rodgers’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. Fairfield 
3 

Glade Com’ty Club, 2017 TN Wrk. Comp. App. Bd. LEXIS 32, at *10-11(may 18, 

2017). While 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 seemed 

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 May 28, 2020. 

___________________________________ 

 Joshua Davis Baker, Judge 

Court of Workers’ Compensation Claims
4 

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 Order was sent as indicated on May 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 

/S/ Penny Shrum
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-1108 (REV 11/15) RDA 11082 

Tennessee Bureau of Workers’ Compensation

220 French Landing Drive, I-B

Nashville, TN 37243-1002 

800-332-2667 

AFFIDAVIT OF INDIGENCY

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: 

 ______________________________________ Relationship: 

 ______________________________________ Relationship: 

6. I am employed by: 

My employer’s address is: 

My employer’s phone number is: 

7. My present 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 month beginning 

Retirement $ ________ per month beginning 

Disability $ ________ per month beginning 

Unemployment $ ________ per month beginning 

Worker’s Comp. $ ________ per month beginning 

Other $ ________ per month beginning 
LB-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: 
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]