1

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

CLIFTON HOLLAND

, ) Docket No. 201 9

- 05

- 0575

Employee, )

v. ) ) GOODMAN GLOBAL, INC

, ) State File No. 22705

- 2019 INC., )

Employer, )

A nd ) )

INS. CO. OF NORTH AM. ) Judge Dale Tipps

Carrier. )

EXPEDITED HEARING ORDER GRANTING REQUESTED BENEFITS

This case came before the Court on February 20, 2020

, for Mr. Holland’s second Expedited Hearing . The sole issue was whether Mr. Holland is entitled to temporary disability benefits. For the reason s below, the Court holds he is likely to prove entitlement to the requested benefits.

History of Claim

In its previous Expedited Hearing Order, the Court found that Mr. Holland is likely to prevail at a hearing on the merits that he sustained a compensable knee injury on January 15, 2019, and that he gave adequate legal notice of that injury. It ordered Goodman to provide continuing medical treatment with Dr. Stanton Dav is. However, the Court denied Mr. Holland’s request for temporary disability benefits for the following

reasons:

 T emporary total disability (TTD) benefits were not proper because the

Court lacked evidence t hat any of Mr. Holland ’s physicians took him

com pletely off work. 

### FILED Feb 24, 2020 09:35 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS2

 Temporary partial disability (TPD) benefits could not be awarded because, even though Dr. Davis as signed a number of restrictions on April 24

, the parties submitted no evidence regarding Mr. Holland’s employment status

or whether Goodman offered him work within those restrictions.

At the second hearing, the parties confirmed that Goodman complied with the previous order and authorized Mr. Holland’s knee surgery, which Dr. Davis performed on November 15, 2019. Goodman also began paying TTD benefits at that time. Consequently, the parties agreed the benefits currently at issue are temporary disability benefits for the period before the surgery

. 1

Mr. Holland submitted a new affidavit and testi fied at the second hearing.

Goodman offered no additional evidence. 2 Mr. Holland said that , after Dr. D avis assigned restrictions

, Goodman allowed him to work restricted duty until June 25 . At that time, he was given an email from Goodman’s Attendance Coordinator that sen t him

home and inform ed him that he could not return to work until he was released to full duty

without restrictions. He left work that day and did not work for any other employer

.

Mr. Holland requested temporary disability benefits for the period of time

Goodman failed to accommodate his restrictions

. Goodman contended that Mr. Hollan d

is not entitled to additional temporary disability benefits . It argued that the Court previously held “there is no medical proof holding him off work,” and Mr. Holland failed to present any additional evidence on this issue

.

Findings of F act and Conclusions of Law

Mr. Holland must provide sufficient evidence from which this Court might determine he is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50

- 6

- 239(d)(1) (2019 ); McCord v. Advantage Human Resourcing , 2015 TN Wrk. Comp . App. Bd. LEXIS 6, at *7

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

Temporary Total Disability

To receive TTD benefits , Mr. Holland must establish that (1) he became disabled from working due to a c ompensable injury; (2) a causal co nnection between his injury

and his inability to work; and (3) his period of disability. Jones v. Crencor Leasing and

Sales , 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015). Mr. Holland presented no additional medical proof indicating that his physicians took him completely

off work. Without evidence that he was “dis abled from working,” Mr. Holland has not

1 The parties previously stipulated to a weekly compensation rate of $501.43.

2 The Court advised that parties that it intended to rely on previously

- admitted exhibits as evidence in this hearing rather than requiring them to reintroduce the same exhibits. Neither party objected.3

proven he is likely to succeed on a claim for temporary total disability benefits.

Temporary Partial Disability

T emporary partial disability benefits are available when the temporary disability is not total. Specifically, TPD “refers to the time, if any, during which the injured employee is able to resume some gainful employment but has not reached maximum

recovery. ” Id

. An employee may receive TPD benefits when the treating physician has

him to return to work with restrictions but the employer either (1) cannot return the employee to work within those restrictions or (2) cannot provide restricted work that pays

th e employee’s average weekly wage on the date of injury. Id. at *8. Those benefits are

“s ixty

- six and two

- thirds percent (66 2/3%) of the difference between the average weekly wage of the worker at the time of the injury and the wage the worker is able to earn in the

worker ’ s partially disabled condition. ” Tenn. Code Ann. § 50

- 6

- 207(2)(B).

Contrary to Goodman’s assertions, Mr. Holland’s TPD claim did not fail at the first hearing because of a lack of medical proof. As noted above , the Court specificall y stated in its previous order that Dr. Davis assigned a number of restrictions (no squatting, twisting, or climbing) when he saw Mr. Holland on April 24. Instead, the Court denied the TPD request because it had no evidence regarding Mr. Holland’s employm ent status
and whether Goodman offered him work within his restrictions. He has now remedied that deficiency.

Mr. Holland’s affidavit and testimony establish that Goodman terminated his light

- duty work on June 25 and told him not to return “until he is released to full duty

without restrictions.” Based on this unrebutted evidence , the Court finds that Goodman

either could not or would not return him to work within his restrictions between J une 26

and November 15. Mr. Holland appears likely, therefore, to succeed on his claim for

TPD benefits for that time period

.

IT IS, THEREFORE, ORDERED as follows:

1. Goodman shall pay Mr. Holland temporary partial disability benefits for the period June 26, 2019, to November 15, 2019, at the stipulated compensation rate of $501.43 per week or $10,243.50.

2. This case is set for a Scheduling Hearing on May 7 , 2020 , at 9:0 0 a.m. You must

call toll

- free at 855

- 874

- 0473 to participate. Failure to call m ight result in a determination of the issues without your further par ticipation. All conferences are set using Central Time.

3. Unless an interlocutory appeal of the Expedited Hearing Order is filed, compliance with this Order must occur no later than seven business days from the date of entry4

of this Order as required by Tennessee Code Annotated section 50-6-239(d)(3). The Employer must submit confirmation of compliance with this Order to the Bureau by email to WCCompliance.Program@tn.gov no later than the seventh business day after entry of this Order. Failure to submit confirmation within seven business days may result in a penalty assessment for non-compliance. For questions regarding compliance, contact the Workers’ Compensation Compliance

Unit via email at WCCompliance.Program@tn.gov

.

ENTERED February 24, 2020.

_____________________________________ Judge Dale Tipps

Court of Workers’ Compensation Claims

APPENDIX

Exhibits

1. November 11, 2019 Affidavit of Clifton Holland

2. June 25, 2019 Email from Tracy Legacy

Exhibits from prior hearing:

1. Affidavit of Clifton Holland

2. Records from The Orthopedic Center

3. Records from NP Conan Carter

4. Goodman medical report forms

5. MRI report of April 4, 2019

6. Written witness statements (Identification Only)

7. Notice of Denial of Claim

8. Wage Statement

9. Employee’s Report of Incident

10. Choice of Physician Form

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. September 11, 2019 Expedited Hearing Order

4. November 20, 2019 Request for Expedited Hearing

5. October 17, 2019 Expedited Hearing Order5 CERTIFICATE OF SERVICE

I certify that a copy of the Expedited Hearing Order was sent as indicated on February 24 , 2020

.

Name Certified

Mail Via

Email Service Sent To

Clifton Holland X X 98 Slatton Rd. Flintville, TN 37335

Cholland8638@live.com

Peter Rosen

, Employer’s Attorney X prosen@vkbarlaw.com

_____________________________________ Penny Shrum, Clerk of Court Court of Workers’ Compensation Claims WC.CourtClerk@tn.gov