TENNESSEE BUREAU OFWORKERS' COMPENSATION 

### INTHE COURT OFWORKERS' COMPENSATIONCLAIMS AT 

### GRAY KATELYNJONES, ) 

### DocketNo. 2018-02-0409 Employee, ) 

### v. ) 

### UPPEREAST TENNESSEE HUMAN ) 

### DEVELOPMENTAGENCY, ) 

### StateFile No. 37058-2018 Employer, ) 

### And ) 

### PUBLIC ENTITYPARTNERS, ) 

### Carrier. ) 

### JudgeBrian K. Addington

EXPEDITED HEARING ORDERDENYINGREQUESTED BENEFITS

The Court held an Expedited Hearing on May 14, 2019, on Katelyn Jones's entitlement to medical and temporary disability benefits. The issue is whether Ms. Jones is likely to establish at trial that she is entitled to these benefits for a knee injury she suffered from a fall at work. Forthe reasons below, the Court denies the requestedrelief. History ofClaim Ms. Jones worked as a family resource specialist at Upper East Tennessee Human DevelopmentAgency (UETHDA). Her position included "engagement activities," which are planned events where all students and their parents participate in social activities coordinated byteachers, their assistants, and the family resource specialists. During an engagement activity in UETHDA's gym on May 18, 2018, Ms. Jones ensured that the activities progressed, the children and parents stayed engaged, and the participants remained safe. After an activity ended, she walked across the gym floor and suddenly fell injuring her left knee. The floor was level and unobstructed. Ms. Jones did not observe anything that causedherto fall. UETHDA provided a panel, and Ms. Jones chose Holston Medical Group. After two visits, UETHDA denied her claim on the basis she suffered an idiopathic injury. Ms. 1 

## FILED May 16, 2019 07:34 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMSJones continued limited treatment at her own expense and testified that she needs surgery to repair a ligament andbone spur. Ms. Jones asserted her injury occurred at work and she never experienced knee complaints before the fall. She argued her work duties supervising children and interacting with the adults during the engagement activity presented a hazard that caused her injury. UETHDA argued Ms. Jones suffered an idiopathic injury; no work hazard causedherto fall. It askedthe Courtto deny Ms. Jones's claim and movedto dismiss the case. Findings ofFact and Conclusions ofLaw To prevail at an expedited hearing, Ms. Jones must provide sufficient evidence to show she would likely to prevail at a hearing on the merits in proving her claim for medical and temporary disability benefits. 

### See Tenn. Code Ann. § 50-6-239(d)(l) (2018). She failed to do so. Since Ms. Jones does not know why she fell, UETHDA argued she suffered an idiopathic injury. An idiopathic injury is defined as "one that has an unexplained origin or cause, and generally does not arise out ofthe 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). Since Ms. Jones fell on a level, unobstructed surface, she must establish that her unexplained fall was due to a condition of the employment that presented a peculiar or additional hazard to her. 

### Byrom v. RandstadN Am., L.P., No. E2011-00367-WC-R3-WC, 2012 Tenn. LEXIS 152, at *13 (Tenn. Workers' Comp. PanelMar. 8, 2012). Ms. Jones's argument that herjob duties presented a hazard that caused her injury is notpersuasive. As the Workers' CompensationAppeals Board explained in

### McCaffery v. Cardinal Logistics, 2015 TN Wrk. Comp. App. Bd. LEXIS 50, at *8-11 (Dec. 10, 2015), the relevant inquiry is not what caused the alleged idiopathic condition or event but what caused 

### the injury. The Board noted that "cause" in the context of idiopathic injuries "means that the accident originated in the hazards to which the employee was exposed as a result ofperforming hisjob duties." 

### !d. at *10. Here, the important inquiry is 

### not what caused Ms. Jones's fall, but what caused her knee injury. Ms. Jones did not submit any evidence as to what caused her knee injury, and her mere presence at work is not a "hazard." 

### See Rogers v. Kroger Co., 832 S.W.2d 538, 541 (Tenn. 1992). Therefore, the Court holds Ms. Jones did not come forward with sufficient evidence to prevail at a hearing onthe merits and she is not entitledto therequested benefits. Finally, UETHDA's motion to dismiss, presumably a motion for involuntary dismissal under Rule 41.02 ofthe Tennessee Rules ofCivil Procedure, is denied. Ms. 2Jones sought interlocutory relief at an expedited hearing, so this is a nonfinal order subject to modification at any time before the final compensation hearing. See Tenn. CodeAnn.§ 50-6-239(d)(3). ITIS,THEREFORE, ORDERED as follows: 1. Ms. Jones's requested reliefis denied at this time. 2. This matter is set for a Status Hearing on August 27, 2019 at 9:00 a.m. Eastern Time. The parties must call 855-543-5044 toll-free to participate in the hearing. Failure to appear by telephone may result in a determination ofthe issues without yourfurther participation. ENTEREDMay 16, 2019.



### Is/Brian K. Addington JUDGE BRIANK. ADDINGTON CourtofWorkers' Compensation Claims APPENDIX Exhibits 1. Ms. Jones'sAffidavit 2. Notice ofDenial ofClaimfor Compensation 3. Medical records ofHMGUrgent Care 4. Medical records ofFamilyPhysicians ofJohnson City 5. FranklinWoods's radiologyreport 6. Medicalrecords ofAppalachian Orthopedics 7. Collective-Medical bills andreceipts 8. Pay Stubs from April andMay 2018 9. Job Description TechnicalRecord 1. Petition for BenefitDetermination 2. Dispute CertificationNotice 3. Request for ExpeditedHearing 4. Motionto Dismiss 5. Agreed Order 6. StatementofStipulatedFacts 7. Ms. Jones'sPre-HearingBrief 8. Employer's Pre-Hearing Brief 3CERTIFICATE OF SERVICE 

### I certify that a copy ofthe Order was sent to these recipients by the following methods ofservice on May 16, 2019. Name CertifiedMail Josh Hoeppner, Employee's Attorney SamMcPeak, Employer's Attorney Email Service sentto: X 

### josh@hoeppnerlaw

.com

X 

### sam@hbm-lawfirm.com

M, COURT CLERK Court ofW rkers' Compensation Claims

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