The opinion
FILED
Jul 22, 2024
02:46 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
JEREMY HOLT, ) Docket No. 2024-20-1554
Employee, )
v. )
PROFESSIONAL TOUCH )
CLEANING OF THE TRI-CITIES, ) State File No. 15132-2024
Employer, )
and )
OHIO SECURITY INSURANCE )
COMPANY, ) Judge Brian K. Addington
Carrier. )
EXPEDITED HEARING ORDER
Jeremy Holt requested medical and temporary disability benefits from a fall at work.
After an expedited hearing on July 12, 2024, the Court denies his request for the reasons
below.
History of Claim
Mr. Holt worked for Professional Touch Cleaning of the Tri-Cities. On February
16, 2024, while at work he began to feel a “spell” coming on while cleaning a closet. He
testified he can tell when they are about to happen. Apparently, he fell; when he regained
consciousness, emergency workers were attending to him. Mr. Holt did not know how or
why he fell but was taken to the hospital and released the same day. He stated no one really
knows what happened to him. He testified that he has also experienced these spells outside
of work.
After the fall, he experienced pain in his neck, left shoulder and arm, and the right
side of his head for a few days. When his neck pain continued, he had an MRI, which
showed no acute injuries, only degenerative problems and a congenital unfused arch of the
C1 joint.
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Although Mr. Holt does not know why he fell, he asserted it was anxiety related to
work. He requested payment of one remaining medical bill of $950.00 and temporary
disability benefits for the time he missed from work.
Professional Touch argued that Mr. Holt suffered an idiopathic fall, so his claim his
not compensable.
Findings of Fact and Conclusions of Law
To obtain the requested relief, Mr. Holt must show a likelihood of prevailing at a
hearing on the merits. Tenn. Code Ann. § 50-6-239(c)(6) (2023).
The initial question is whether Mr. Holt proved that he suffered an injury that arose
primarily out of and in the course and scope of his employment. Tenn. Code Ann. § 50-6-
102(12). Mr. Holt testified credibly that he suffered a fall at work. He does not know why
he fell, but he related that he was suffering from a spell at the time, which has also occurred
away from work. Although he received medical care from several sources, he presented
no medical records relating the spell, his fall, or his alleged injuries to his work. An opinion
from a physician is required to prove the work-relatedness of an injury. Tenn. Code Ann.
§ 50-6-102(12)(D). He offered none.
Further, Mr. Holt has no knowledge of whether he was injured simply by hitting the
ground or something in the closet, because the fall left him unconscious. Injuries without
explanation are considered idiopathic. Without evidence that he was injured by a hazard
in the closet, Mr. Holt’s injuries are considered idiopathic and not compensable. As the
Appeals Board has explained, “An idiopathic injury is one that has an unexplained origin
or cause, and generally does not arise out of the employment unless some condition of the
employment presents a peculiar or additional hazard.” Bullard v. Facilities Perf. Grp.,
2018 TN Wrk. Comp. App. Bd. LEXIS 37, at *7 (Aug. 7, 2018).
Typically, an employer furnishes medical treatment after an injury at work under
section 50-6-204. In instances like Mr. Holt’s case, where the injured worker does not
know what caused the fall and cannot identify any hazards at work that caused or
exacerbated his injuries, the employer is not required to authorize medical benefits because
the injuries are not compensable. Id. at *8-9.
Under these circumstances, the Court cannot find that Mr. Holt’s injuries arose
primarily out of his employment. He is not likely to prevail at a hearing on the merits at
this time.
This case is set for a status hearing on September 19, 2024, at 3:30 p.m. Eastern.
The parties must dial 855-543-5044 to participate in the hearing.
It is ORDERED.
ENTERED July 22, 2024.
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Brian K. Addington
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Declaration of Jeremy Holt
2. Declaration of Patricia Thiemann
3. Wage Statement
4. Declaration of Jason Sanders
5. Medical bills
6. Blue Care Tennessee explanation of benefits
7. Emails
8. Jeremy Holt’s Deposition transcript
9. Radiology report.
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on July 22, 2024.
Name Certified Fax Email Service sent to:
Jeremy Holt, X X jeremyholt36@gmail.com
Employee 380 Old Mountain View Road
Lot 3
Bluff City, Tennessee 37618
Eric Shen, X eric.shen@libertymutual.com
Employer’s laura.johnson-peay@libertymutual.com
Attorney
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau 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 filing fee. You must file the fully-completed 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 your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
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’ Compensation Appeals Board (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed 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: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
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Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* 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]
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