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

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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

1Neither 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

CLAIMSAfter 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.” 2Dr. 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

2Dr. 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.)

2scope 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).

34. 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

49. 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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