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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT GRAY

JOSHUA RAMEY, ) Docket No.:2020-02-0173

Employee, )

v. )

SLEEP ZONE, INC., ) State File No.:334112019

Employer, )

And )

FLAGSHIP CITY INSURANCE CO., ) Judge Brian K. Addington

Carrier,

And

ABIGAIL HUDGENS, Administrator,

Subsequent Injury Fund.

)

)

)

)

EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS

Mr. Ramey asked the Court to order Sleep Zone to provide additional workers’ 

compensation benefits for injuries when he fell backward while carrying a mattress. Sleep 

Zone denied the claim because, after viewing surveillance video, the authorized treating

physician determined Mr. Ramey’s current complaints are not causally related to the fall. 

For the reasons below, the Court holds Mr. Ramey is not entitled to the requested benefits.

History of Claim

Mr. Ramey fell backward while carrying a mattress on May 7, 2019, and alleged 

injuries to multiple body parts. Dr. Jody Helms, an authorized treating physician, referred

him to physical therapy and ordered epidural steroid injections. Mr. Ramey missed several 

physical therapy appointments and the injections, so those providers discharged him from 

care. 

Sleep Zone became suspicious of Mr. Ramey’s complaints after his non-compliance 

with medical treatment and began surveillance of his activities beginning in June 2019. 

Mr. Ramey testified that in December 2020 he experienced an inability to get out of bed or 

FILED

Mar 18, 2021

01:16 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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walk any distance, his left shoulder popping out its socket, severe ankle pain, and neck pain 

from turning his head. However, the surveillance which continued into December 2020, 

suggested that Mr. Ramey participated in normal everyday activities of driving, shopping, 

playing sports, and working. 

Sleep Zone provided the initial surveillance videos to Dr. Helms. After reviewing

the videos and watching Mr. Ramey walk to his car without any hesitation on July 8, 2019, 

he noted he would not expect Mr. Ramey to perform the activities on the videos based on 

how he presented in his office. That same day, Dr. Helms released Mr. Ramey from 

treatment and placed him at maximum medical improvement without restrictions or 

impairment. 

In response to Dr. Helms’s discharge, Mr. Ramey argued that the man in the 

surveillance video was his twin brother. Mr. Ramey acknowledged he has worked for most 

of the time since his injury but complained of constant pain and requested additional 

treatment. Aside from requesting medical treatment, Mr. Ramey also requested temporary 

disability benefits, although he was unsure of the dates of employment and amounts earned. 

Sleep Zone argued that Mr. Ramey has been untruthful about his need for medical 

treatment as shown by the surveillance and Dr. Helms’s opinion, and it requested that the 

Court deny his requests. 

Findings of Fact and Conclusions of Law

Mr. Ramey must show that he is likely to prevail at a hearing on the merits. See 

Tenn. Code Ann. § 50-6-239(d)(1) (2020) The Court holds he did not.

To recover medical benefits, Mr. Ramey must show, to a reasonable degree of 

medical certainty, that the May 7, 2019 fall contributed more than fifty percent in causing 

the need for medical treatment. See Burleson v. Germantown Partners Supercuts, 2017 

TN Wrk. Comp. App. Bd. LEXIS 49, at *9-10 (Aug. 15, 2017). 

 

Here, the Court finds that Mr. Ramey presented no testimony or other proof to 

contradict Dr. Helms’s opinions. No medical proof established that his employment 

contributed more than fifty percent in causing the need for medical treatment. The Court 

also finds that Mr. Ramey was not credible. He grossly misrepresented his condition to 

Dr. Helms and to the Court. Mr. Ramey’s argument that the video showed his twin brother 

was unconvincing. Therefore, the Court holds Mr. Ramey is not likely to prevail at a 

hearing on the merits and denies his request for medical benefits. 

Mr. Ramey also requested temporary disability benefits. There are two kinds of 

temporary disability benefits: temporary total and temporary partial. To receive temporary 
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total disability benefits, Mr. Ramey must prove (1) he became disabled from working due 

to a work injury; (2) a causal connection between the injury and his inability to work; and 

(3) the duration of his disability. Jones v. Crencor Leasing and Sales, TN Wrk. Comp. 

App. Bd. LEXIS 48, at *7 (Dec. 11, 2015). Concerning temporary partial disability

benefits, Mr. Ramey is eligible for benefits if he earned less than his average weekly wage 

due to work restrictions. See Tenn. Code Ann. § 50-6-207(2)(A).

Here, Mr. Ramey submitted no medical proof taking him off work after July 8, 2019. 

Instead, Mr. Ramey testified he continued to work for other employers but could not recall

the dates of his employment or the amounts he earned. Considering the lack of evidence, 

the Court finds Mr. Ramey is not likely to succeed at a hearing on the merits regarding

additional temporary disability benefits. 

It is ORDERED as follows:

1. The Court denies Mr. Ramey’s requested medical and temporary disability 

benefits.

2. This case is scheduled for a Status Hearing on May 14, 2021, at 10:00 a.m. 

Eastern Time. You must dial 855-543-5044 to participate. Failure to call may 

result in a determination of the issues without your participation.

ENTERED March 18, 2021.

 /S Brian K. Addington 

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims
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APPENDIX

Exhibits:

1. Affidavits

2. Wage Statement

3. Panel

4. Medical Record Table of Contents

5. Final Medical Report

6. Declarations of Robert Gox and Ryan Bordis

7. Facebook business advertisement

8. Bicycle photos 

9. Four videos

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Show Cause Order

4. Show Cause Order

5. Request for Expedited Hearing

6. Sleep Zone’s Motion to Dismiss for Failure to Prosecute

7. Order Denying Motion to Dismiss

8. Motion for Virtual Participation

9. Order Permitting Subsequent Injury Fund’s Attendance by Phone or Video

10. Sleep Zone’s Motion to Deem Admitted

11. Order Denying Motion to Deem Admitted

12. Sleep Zone’s Expedited Hearing Witness and Exhibit List

13. Sleep Zone’s Position Statement for Expedited Hearing
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CERTIFICATE OF SERVICE

I certify that a correct copy of this Order was sent on March ___, 2021.

Name Certified 

Mail

Email Service sent to:

Joshua Ramey,

Employee

X X 365 May Ave.

Kingsport, TN 37665

rameycain@yahoo.com

Jennifer White, 

Stephen Stovall,

Employer’s Attorneys

X jennifer@petersonwhite.com

setphen.stovall@petersonwhite.com

Lindsay Hall,

Subsequent Injury 

Fund Attorney

X lindsay.n.hall@tn.gov

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

18th