TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

NICOLE STEEN, ) Docket No. 2017-08-0815

Employee, )

v. )

IDEXX LABORATORIES, INC., ) State File No. 55392-2017

Employer, )

And )

TRAVELERS INDEMNITY CO., ) Judge Deana C. Seymour

Insurance Carrier. )

EXPEDITED HEARING ORDER

DENYING MEDICAL AND TEMPORARY DISABILITY BENEFITS

 

This case came before the Court on August 29, 2018, upon Nicole Steen’s Request 

for Expedited Hearing (REH).

1 The central legal issue is whether Ms. Steen is likely to 

prevail at a hearing on the merits on entitlement to medical and temporary disability 

benefits. The Court holds she is not likely to do so and denies the requested benefits at 

this time. 

History of Claim

Ms. Steen worked as a lab liaison for IDEXX Laboratories, Inc. (IDEXX). She 

claimed exposure to formaldehyde, methanol and mold at work on January 20, 2017, 

causing nausea, stomach pains, and shortness of breath. Ms. Steen reported the exposure 

to the nurse case manager at IDEXX. IDEXX denied the claim without providing medical 

care.2 Ms. Steen received medical treatment on her own from Dr. Ronald Michael at 

1 Ms. Steen initially filed three petitions for three different dates of injury. In her REH, Ms. Steen used the 

state file number associated with the January 20, 2017 injury but the docket number for an August 12, 

2016 injury. The parties agreed to January 20 as the correct date of injury. Thus, the Court heard this case 

under docket number 2017-08-0815 and state file number 55392-2017 associated with the January 20

claim. The Court dismissed the other claims for failure to prosecute.

2 IDEXX filed a Form C-23 Notice of Denial of Claim for Compensation on August 24, 2017. It listed 

“statutory definition of accident not met; no medical evidence of injury; not major contributing cause” as 

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FILED

Sep 07, 2018

08:41 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
Methodist Healthcare and Region IV Mental Health Services.

3 However, no medical 

records from that treatment were admitted into evidence.

4

Ms. Steen filed a Petition for Benefit Determination asking the Court to order 

IDEXX to provide medical treatment and temporary disability benefits. Ms. Steen

testified on her own behalf that she became ill at IDEXX. However, she admitted that she 

suffered from Crohn’s Disease and experienced gastrointestinal issues since 2009. She 

described a strong odor in the lab that she reported to the Tennessee Occupational Safety 

and Health Administration (TOSHA). Ms. Steen claimed that IDEXX retaliated against 

her for filing the TOSHA complaint and refused to allow her to work from home so she 

could continue her job. She has not worked since she resigned on April 21, 2017.

IDEXX presented testimony from its Senior Lab Manager, Adam Winter, and 

Environmental Health and Safety Manager, Scott Chubbuck, that Ms. Steen was not 

exposed to formaldehyde, methanol, or mold. Mr. Winter and Mr. Chubbuck testified that 

IDEXX used formalin, which was only four percent formaldehyde diluted in water, in the 

lab. They testified that Ms. Steen did not work in the area where the chemical was used. 

Mr. Chubbuck also testified that IDEXX only used methanol in an analyzer machine that 

was not open to the general lab where Ms. Steen worked. He further stated that airquality tests showed that IDEXX did not have problems with mold. According to Mr. 

Chubbuck, no other employees complained of the issues raised by Ms. Steen. 

Findings of Fact and Conclusions of Law

Standard Applied

Ms. Steen bears the burden of proof on the essential elements of her claim. Scott 

v. Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 

2015). She does not have to prove every element of her claim by a preponderance of the 

evidence but must present sufficient evidence for the Court to determine she is likely to 

prevail at a hearing on the merits. McCord v. Advantage Human Resourcing, 2015 TN 

Wrk. Comp. App. Bd. LEXIS 6, at *9 (Mar. 27, 2015). 

basis for denial. IDEXX also raised the defenses of notice and statute of limitations.

3 During the hearing, Ms. Steen mentioned treatment for depression and anxiety. However, she did not 

raise a mental injury in her Petition for Benefit Determination (PBD) or Dispute Certification Notice.

4 Ms. Steen attempted to introduce medical records for this treatment into evidence, but IDEXX objected 

since they were only partial records and did not contain the medical providers’ signatures. The Court 

sustained the objection and excluded the records.

2

 
Causation

To recover benefits, Ms. Steen must show her alleged injury arose primarily out of 

and in the course and scope of her employment. Tenn. Code Ann. § 50-6-102(14)(B)

(2017). “An injury ‘arises primarily out of and in the course and scope of employment’ 

only if it has been shown by a preponderance of the evidence that the employment

contributed more than fifty percent (50%) in causing the injury, considering all causes.” 

Id. This contribution must be established to a reasonable degree of medical certainty, 

which means that, in the opinion of the physician, it is more likely than not considering 

all causes, as opposed to speculation or possibility. Id.

Here, Ms. Steen introduced no medical proof of a work injury. Since no physician 

has determined that Ms. Steen’s condition is related to her work, the Court holds Ms. 

Steen is unlikely to prevail at a hearing on the merits for entitlement to medical and 

temporary disability benefits.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Steen’s claim against IDEXX for medical and temporary disability benefits is 

denied at this time.

2. This matter is set for a Scheduling Hearing on October 22, 2018, at 11:00 a.m.

Central Standard Time. The parties must call (toll-free) 866-943-0014 to 

participate in the Hearing. Failure to call in may result in a determination of the 

issues without the parties’ participation.

ENTERED September 7, 2018.

_____________________________________

JUDGE DEANA C. SEYMOUR

Court of Workers’ Compensation Claims

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APPENDIX 

Exhibits:

1. Form C-41 Wage Statement

2. Ms. Steen’s Resignation Letter of April 21, 2017

3. Affidavit of Bruce Harrod

4. Affidavit of Schuyler Crowe

5. Affidavit of Helen King-Atallah

6. Charge of Discrimination form filed with the Tennessee Human Rights 

Commission on November 13, 2017 (ID only)

7. Denial letter from the Social Security Administration, dated May 26, 2017

8. C-23 Notice of Denial of Claim for Compensation

9. Dispute Certification Notices

10.Daily News article regarding IDEXX

11.Emails between Ms. Steen and representatives of IDEXX (ID only)

12.Petitions for Benefit Determination

Technical record:

1. Petition for Benefit Determination (DOI:8/12/16)

1a. Petition for Benefit Determination (DOI: 1/20/17)

2. Dispute Certification Notice (DOI: 8/12/16)

2a. Dispute Certification Notice (DOI: 1/20/17)

3. Request for Expedited Hearing and attached affidavit (Collective)

4. Ms. Steen’s Response to the Dispute Certification Notice

5. Order on Show Cause Hearing

6. Employer’s Exhibit List

7. Employer’s Witness List

8. Employer/Carrier’s Expedited Hearing Pre-Trial Brief

9. Motion to Exclude Exhibits

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was sent to the 

following recipients by the following methods of service on this the 7th day of 

September, 2018.

Name Certified 

Mail

Fax Email Service sent to:

Nicole Steen,

Self-represented 

Employee

X nicolesteen32@yahoo.com

Paul Nicks, 

Employer’s Attorney

X pnicks@travelers.com

_____________________________________

PENNY PATTERSON-SHRUM, CLERK

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

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