TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT COOKEVILLE

JONATHAN MCCULLOUGH
, ) Docket No. 2021

- 04

- 0323

Employee, )

v. ) )
TENNECO AUTOMOTIVE
, ) State File No. 92082

- 2021

Employer, )

and ) )

INDEMNITY INS URANCE CO. ) Judge Dale Tipps OF NORTH AMERICA, )

Insurance Carrier

. )

EXPEDITED HEARING ORDER DENYING BENEFITS

The Court held an Expedited Hearing on July 7, 2022, to determine whether Mr. McCullough is entitled to medical and temporary disability benefits. The Court finds the
evidence does not support Mr. McCullough ’s contention that his alleged workplace fall

was the primary cause of his current back symptoms. Ther efore, the Court cannot hold
that he is likely to prevail at a hearing on the merits.

History of Claim

Mr. McCullough allege d he slipped and fell in the bathroom at work on October 1,
2021

. He testified that a few minutes after returning to his job , his back began hurting.

Because he had a long history of back injuries, he felt he needed medical attention , so h e reported the injury to his supervisor and went to the emergency room.

When Tenneco dispute d the accident occurred as he described and de nied the claim, Mr. McCullough sought unauthorized treatment with Dr. Narendra Singh

.

Neither party offered medical re c ords as evidence, but Tenneco submitted a questionnaire completed by Dr. Singh . In response t o whether Mr. McCullough’s 

### FILED Jul 08, 2022 01:53 PM(CT)

TENNESSEE COURT OF
WORKERS' COMPENSATION

CLAIMStreatment for his back complaints w as primarily related to his work accident, Dr. Singh

checked “No.” He added, “It is my opinion that the majority of his spine complaints are currently related to underlying degenerative changes and facet joint disease.”

At the conclusion of the hearing, Mr. McCullough requested medical treatment and temporary disability benefits

. Tenneco contended that Mr

. McCullough was not entitled

to any benefits because he presented no medical proof that his employment was the primary
cause of his condition.

Findings of Fact and Conclusions of Law

For the Court to grant Mr. McCullough’s requests, he must prove he is likely to prevail at a hearing on the merits. Tenn. Code Ann. § 50

- 6

- 239(d)(1) (202 1 ); McCord v. Advantage Human Resourcing , 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7

- 8, 9 (Mar. 27, 2015).

To prove that his b ack condition is a compensable injury, Mr. McCullough must show that it arose primarily out of and in the course and scope of his employment. This includes the requirement that he must show “to a reasonable degree of medical certainty that [the incident] contributed more than fifty percent (50%) in causing the . . . disablement or need for medical treatment, considering all causes.” “Shown to a reasonable degree of medical certainty” means that, in the opinion of the treating physician, it is more likely than not considering all causes as opposed to speculation or possibility. Tenn. Code Ann. § 50

- 6

- 102(14).

Applying this standard to Mr. McCullough’s claim, the Court has only one medical

c ausation opinion

– Dr. Singh’s conclusion that his symptoms were not primarily caused by his alleged work accident, but by his pre

- existing condition. Without a contrary opinion, the analysis ends , and the Court cannot find Mr. McCullough is li kely to prove a compensable claim. 1 See Berdnik v. Fairfield Glad Cmty. Club, 2017 TN Wrk. Comp. App. Bd. LEXIS 32, at *14

- 16 (May 18, 2017) ( w here an employer has presented expert medical proof that the employee's condition is not work

- related, the employee must present expert medical proof that the alleged injury is causally related to the employment )

.

IT IS, THEREFORE, ORDERED as follows:

1. Mr. McCullough ’s claims against Tenneco Automotive for medical and temporary disability ben efits are denied at this time.

2. This case is set for a Scheduling Hearing on September 14 , 2022 , at 9: 3 0 a.m. You

1 Because the claim is denied on causation grounds, the Court will not address the dispute over the accident
details at this time.must call toll

- free at 855

- 874

- 0473 to participate. Failure to call might result in a

determination of the issues without your further particip ation. All conferences are set using Central Time.

ENTERED July 8 , 2022

.

______________________________________ DALE TIPPS , JUDGE Court of Workers’ Compensation Claims

Exhibits:
1. Mr. McCullough ’s Rule 72 Declaration
2. Affidavit of Michael Howard (identification only)
3. Affidavit of Dallas Jones (identification only)
4. First Report of Injury
5. Dr. Narendra Singh’s responses to medical questionnaire

6. Wage Statement

Technical record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing
4. Employer’s Pre

- Expedited Hearing Brief
5. Employer’s Exhibit List

CERTIFICATE OF SERVICE

I certify that a copy of the Expedited Hearing Order was sent as indicated on July 8

, 2022

.

Name Certified
Mail Fax Email Service sent to:

J onathan M c C ullough

, Employee X mcculloughjonathan8@gmail.com

Sarah H. Reisner

, Jasmyn McCalla

, Employer’s Attorney s X sreisner@manierherod.com jmccalla@manierherod.com

______________________________________ PENNY SHRUM, COURT CLERK wc.courtclerk@tn.govFor 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 f ile 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 B ureau 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 fully

complete d 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 busine ss 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 Appe als 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 mu st 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 sta tement. 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’ Co mpensation 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 fil ed 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: _______________________________________________________

_ Ph one: ___________________ Email: __________________________________________________________
Attorney’s Na me:

_____________________________________________ _ BPR#: _______________________
Attorney’s E mail: _____________________________________________

_ Phone: _______________________
Attorney’s Ad dress:

_________________________________________________________________________ * Attach an additional sheet for each additional Appellant *LB -1099 rev. 01/20 Page 2 of 2 RDA 11082

Employee Name: _______________________________________ Docket No.: __________________

__ _ Date of Inj.:

____

___________

Appellee(s) (Opposing Party): ___________________________________________ ☐ Employer ☐ Employee

App ellee’s Address:

_____________________________________________ _ Phone:

_ ___________________ Email: _________________________________________________________
Attorney’s Na me:

_____________________________________________ B PR#: ________________________
Attorney’s E mail: _____________________________________________ Phone:

_______________________ Attorney’s Ad dress:

_________________________________________________________________________ * 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]