TENNESSEE BUREAU OF WORKERS' COMPENSATION 

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT NASHVILLE 

Michael Nickens, 

Employee, 

) Docket No. 2018-06-2263 

) 

v. 

Anitox Corp., 

Employer, 

And 

National Liability & Fire Ins. Co., 

Carrier. 

) 

) State File No. 19179-2018 

) 

) 

) Judge Kenneth M. Switzer 

) 

EXPEDITED HEARING ORDER DENYING REQUESTED RELIEF 

(DECISION ON THE RECORD) 

Michael Nickens inhaled an unknown substance while working for Anitox 

Corporation. Anitox briefly accepted the claim but later denied it. While the claim was 

accepted, Mr. Nickens used a prescription card to pay for medication. He seeks an order 

that Anitox reauthorize the card. Anitox opposes the request on grounds that the treating 

physician has not prescribed any medication necessary to treat Mr. Nickens's pulmonary 

and heart conditions. The Court agrees and denies the requested relief. 

Claim History 

Mr. Nickens's petition for benefit determination alleged exposure to a "toxic 

substance" at work on December 11, 20 17. Anitox denied the claim on February 5, 20 18. 

At a scheduling hearing in May 2019, the parties informed the Court that Mr. 

Nickens treated on his own and reached maximum medical improvement in the fall of 

2018. The Court set discovery deadlines in anticipation of scheduling a compensation 

hearing. 

Mr. Nickens filed a motion for medical benefits in July seeking reauthorization of 

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FILED

Sep 10, 2019

02:26 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
the prescription card and attorney fees. 1 The Court construed the motion as a request for 

expedited hearing and ordered Mr. Nickens to complete an affidavit, set a deadline for 

Anitox to respond to the requested relief, and clarified that the sole issue is Mr. Nickens's 

entitlement to the prescription card. 

After the hearing, Mr. Nickens filed an affidavit stating: 

At some point in time, I was provided a prescription card from the workers' 

compensation insurer to use in order to fill my medications needed to treat 

and manage the symptoms arising from this injury. That card was recently 

declined by the pharmacist and I was informed that the card was no longer 

active. I am seeking further medical benefits and to have the prescription 

card reactivated. 

Other than his affidavit, Mr. Nickens submitted no medical proof or other 

evidence supporting his entitlement to the requested relief. Among its objections, Anitox 

argued there was no "outstanding prescription that is necessary" relating to his pulmonary 

or cardiac conditions. 

Findings of Fact and Conclusions of Law 

Mr. Nickens must show at an expedited hearing that he is likely to prevail at a 

hearing on the merits. See Tenn. Code Ann. § 50-6-239(d)(l) (2018); McCord v. 

Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 

(Mar. 27, 20 15). 

The parties' evidence and arguments focused largely on whether Mr. Nickens's 

heart failure and stroke were work-related. However, judicial economy dictates that the 

Court need not decide that question at this point, using the relaxed standard described 

above, because Mr. Nickens did not meet his burden regarding his requested relief. 

Tennessee Code Annotated section 50-6-204(a)(l)(A) requires employers to 

provide injured employees medication made reasonably necessary by the work accident. 

Here, Mr. Nickens presented detailed expert opinions on medical causation, but he 

offered vague information about the medical necessity of his requested relief- reissuance 

of the prescription card. His affidavit mentioned "medications needed to treat and 

manage the symptoms arising from this injury." However, Mr. Nickens offered no 

evidence, medical or lay, identifying the medicine he was prescribed, who prescribed it, 

and why it was reasonably necessary to treat his alleged injuries. 

For these reasons, the Court holds he is unlikely to prevail at a hearing on the 

1 Mr. Nickens agreed to reserve the attorney fee request until the compensation hearing. 

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merits on his entitlement to the prescription card and denies the request at this time. The 

Court will address medical causation after the compensation hearing. 

It is ORDERED. 

ENTERED September 10, 2019. 

Court of Workers' Compensa 

APPENDIX 

The Court considered the following documents: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Scheduling Hearing 

4. Order on Scheduling Hearing 

5. Motion to Compel Medical Benefits 

a. Progress notes, Dr. Sevin, November 1, 2018 

b. Forms C-30A, C-32, Dr. Sevin, May 9, 2019 

c. Dr. Sevin's response to causation letter, May 9, 2019 

d. Medical opinion statement of Dr. Sevin (supplement to C-32) 

e. Dr. Sevin's CV 

6. Response to Motion to Compel Medical Benefits 

a. C-20, First Report oflnjury 

b. First Report of Injury 

c. Notice of Denial of Claim 

d. Notice ofDenial 

7. Defendants' Response to Plaintiffs First Requests for Admission 

8. Medical opinion statement of David Slosky, M.D. 

9. Motion to Compel Discovery 

10. Order on Motion to Compel Medical Benefits and Setting the Case for an 

Expedited Hearing/Decision on the Record 

11. Affidavit of Michael Nickens 

12. Response Brief to Employee's Motion to Compel Benefits 

a. Rule 72 Statement of Jacqueline Hannigan and payment log 

b. Excerpt from Mr. Nickens's deposition transcript 

c. Progress notes, Dr. Sevin, November 1, 2018 

d. Progress notes, Drs. Reagan/Tuchman, December 27, 2017 

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e. Progress notes, Dr. Slosky, April 26, 2018 

f. Progress notes, Ms. Pierce, April 5, 2018 

g. Progress notes, Ms. Lord, March 27, 2018 

h. Records review of Patient Michael Nickens, Dr. Kreth 

i. Report, Dr. Milstone 

13.Employee's Notice of Objection 

14. Employer's Response to Employee's Objection to Medical Statements 

15. Docketing Notice 

CERTIFICATE OF SERVICE 

I certify that a copy of the Expedited Hearing Order was sent as indicated on 

September 1 0, 20 19. 

Name Certified 

Mail 

Michael Fisher, 

Employee's attorney 

Allen Callison, 

Em_l)_loyer' s attorney 

Via Via Service sent to: 

Fax Email 

X michael@rocky_lawfirm.com 

X Allen.callison@mgclaw.com 

,;/ ~~ PE UM, COURT CLERK 

WC.Court r, erk@tn.gov 

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