TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

CHRISTOPHER DENNIS, ) Docket No.: 2018-08-1446

Employee, )

)

v. )

)

State File No.: 78312-2018

MEMPHIS LIGHT, GAS & WATER, )

 Employer. ) Judge Deana Seymour

________________________________________________________________________

COMPENSATION HEARING ORDER

The Court held a Compensation Hearing on June 29, 2020, to determine

Christopher Dennis’s entitlement to benefits from a work-related accident. The issue is

whether Mr. Dennis proved by a preponderance of the evidence that his current condition

arose primarily out of his employment. For the reasons below, the Court holds he did not

and dismisses the case.

History of Claim

Mr. Dennis claimed he injured his wrists and right shoulder in a motor vehicle

accident on September 21, 2018. MLGW provided a panel of physicians, from which he

chose Dr. Robert Riley Jones.

Dr. Jones treated Mr. Dennis’s wrists and shoulder with medication and assigned

restricted duty. He ordered MRIs, which revealed a possible right-wrist ligament tear, a

left wrist ligament tear, subluxation, and incomplete fracture, and a right shoulder

partially torn tendon, tendinosis, and multiple bursa loose bodies.1

1

 Neither party submitted a C-32 or deposition. See generally Tenn. Code Ann. § 50-6-235(c) (2019).

Instead, the parties stipulated to the medical records and their content as the medical proof in this case.

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FILED

Jul 07, 2020

01:21 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
After reviewing the MRIs with a radiologist, Dr. Jones concluded the results “were

all chronic changes” that “take months to develop.” He noted that they “did not meet the

51% rule.”2 Dr. Jones diagnosed bilateral wrist strains and right-shoulder contusions from

the accident and released Mr. Dennis on October 12 with no permanent impairment,

restrictions, or anticipated treatment for his work injuries. He suggested Mr. Dennis

consult his personal physician for further care. 

Taking that advice, Mr. Dennis went to Dr. Norfleet Thompson, who reviewed the

diagnostic studies and noted “age indeterminate” abnormal findings in both wrists and his

right shoulder. Dr. Thompson concluded, “[T]hese are likely underlying problems

aggravated by his car wreck.” He noted “underlying early arthritis and widening of the

scapholunate region” that “looks chronic.”

Mr. Dennis also pursued unauthorized treatment at Champion Orthopedic and

received diagnoses of ruptured right-wrist ligament, left-wrist fracture, and an

“unspecified” right-rotator cuff tear or rupture. The providers did not address causation

but noted degenerative findings.

During the hearing, Mr. Dennis disagreed with Dr. Jones’s conclusion that the torn

ligaments and fracture in his wrists were pre-existing, chronic changes unrelated to the

accident. He claimed he never sought prior treatment for his wrists or shoulder or

experienced the type of daily pain he currently has. However, he did not introduce any

medical proof on causation. MLGW contended that Mr. Dennis’s current condition is not

primarily related to his September 2018 accident.

Findings of Fact and Conclusions of Law

Standard applied

Mr. Dennis has the burden of proof on all essential elements of his claim. Scott v.

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

2015). At a Compensation Hearing, he must establish those elements by a preponderance

of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2019).

Analysis

The determinative issue is whether Mr. Dennis established his accident caused or

aggravated his current condition. To prevail, Mr. Dennis must prove that his condition

“arose primarily out of and in the course and scope of employment” or that he suffered an

aggravation of a pre-existing condition that “arose primarily out of and in the course and

2

 Dr. Jones misstates the correct legal standard. As explained in the next section, it must be shown to a

reasonable degree of medical certainty that the employment contributed “more than fifty percent” in

causing the need for medical treatment, considering all causes. (Emphasis added.)

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scope of employment.” Tenn. Code Ann. § 50-6-102(14)(A). 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” or his need for medical treatment of the pre-existing

condition, “considering all causes.” Tenn. Code Ann. § 50-6-102(14)(B).

Medical evidence is generally required to establish a causal relationship, “[e]xcept

in the most obvious, simple and routine cases.” Berdnik v. Fairfield Glade Cmty. Club,

2017 TN Wrk. Comp. App. Bd. LEXIS 32, at *10-11 (May 18, 2017). The Court finds

this is not an obvious, simple and routine case, and medical evidence is required to

establish a causal relationship.

In this case, MLGW agreed that the accident occurred but disputes whether Mr.

Dennis’s current condition relates to the accident. MLGW relied on Dr. Jones’s

conclusions that Mr. Dennis’s current condition is primarily due to non-work-related

degenerative conditions. As Mr. Dennis’s authorized treating physician, Dr. Jones’s

opinion is presumed correct. See Tenn. Code Ann. § 50-6-102(14)(E).

The Court finds Mr. Dennis sincere in his testimony. However, the Court cannot

order benefits based on his testimony alone, as it cannot make independent medical

determinations without expert medical proof. Thompson v. Comcast Corp., 2018 TN

Wrk. Comp. App. Bd. LEXIS 1, at *31 (Jan. 30, 2018). Although Dr. Thompson

suggested that the “underlying problems” were aggravated by the car wreck, this is not

enough to overcome the presumption due to Dr. Jones’s clear opinion that the injuries

were chronic changes not related to the accident. Thus, the Court finds Mr. Dennis did

not present sufficient medical proof that his current condition arose primarily out of his

work accident. 

Therefore, the Court denies Mr. Dennis’s claim for benefits.3

IT IS ORDERED as follows:

1. This case is dismissed. 

2. The Court assesses the $150.00 filing fee to MLGW, to be paid to the Court

Clerk within five business days of this order becoming final under Tennessee

Compilation Rules and Regulations 0800-02-21-.06 (August, 2019), for which

execution might issue if necessary.

3. Absent an appeal, this order shall become final thirty days after issuance.

3

 Even if the Court concluded that Mr. Dennis proved his case, the Court could not award disability

benefits, as he presented no proof of permanent impairment. See Tenn. Code Ann. § 50-6-207(3).

3
4. MLGW shall file a Statistical Data Form (SD-2) with the Court Clerk

within five business days of the date this order becomes final.

ENTERED July 7, 2020.

____________________________________

Judge Deana C. Seymour

Court of Workers’ Compensation Claims

APPENDIX

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice (June 17, 2019)

3. Request for Expedited Hearing along with Affidavit of Christopher Dennis

4. Expedited Hearing Order

5. Appeals Board’s Opinion Affirming and Remanding Case

6. Scheduling Order

7. Employer’s Motion to Continue Compensation Hearing and Revise Scheduling

Order Due to Covid-19

8. Dispute Certification Notice (March 26, 2020)

9. Order on Employer’s Motion to Continue Compensation Hearing and Revise

Scheduling Order Due to Covid-19

10. Order on Scheduling Hearing

11. Employer’s Notice of Filing Post-Discovery Mediation Dispute Certification

Notice

12. Employer’s Exhibit List

13. Employer’s Witness List

14. Employer’s Medical Records Designation

15. Employer’s Pre-Compensation Hearing Statement

Exhibits:

1. Wage Statement

2. Choice of Physicians Form – Concentra

3. Choice of Physicians Form – Dr. Jones

4. Medical records of Dr. Jones

5. Final Medical Report of Dr. Jones

6. Medical Records of Champion Orthopedics

7. Medical Records of Campbell Clinic

8. Imaging Records – MRI Reports

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9. Desoto Imaging Specialists Records

10. Accident Photographs (Collective Exhibit)

11. Employer’s First Report of Work Injury

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on July 7, 2020.

Name Certified

Mail

Via

USPS

Via 

Email

Service sent to:

Christopher Dennis, 

Self-Represented 

Employee

X X 1182 S. Willett Street

Memphis, TN 38106

Salwa Adnan Bahhur,

Employer’s Attorney

X Salwa@thehuntfirm.com

_____________________________________

Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

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