Opinion

PINTHANOND, KATTREA v. COVENANT HEALTH

  • 2024 TN WC 56
Court
Tennessee Court of Workers' Compensation Claims
Filed
Aug 8, 2024
Status
Published
On the bench
Lowe
Cited by
0 cases

The opinion

FILED

Aug 08, 2024

03:18 PM(ET)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT KNOXVILLE

KATTREA PINTHANOND, ) Docket No. 2018-03-0035

Employee, )

v. ) State File No. 20717-2017

COVENANT HEALTH, )

Employer. ) Judge Lisa A. Lowe

COMPENSATION ORDER DENYING BENEFITS

(Decision on the Record)

Ms. Pinthanond asked the Court to order Covenant to pay Blue Cross/Blue Shield’s

lien for past medical expenses after a settlement on her permanent disability benefits.

Covenant Health did not respond to the request. For the following reasons, the Court denies

Ms. Pinthanond’s request.

History of Claim

On March 15, 2017, Ms. Pinthanond, a registered nurse at Covenant, suffered an

allergic asthma attack after being exposed to dust and fumes at work. She suffered

pulmonary injuries and received authorized treatment. Later, the parties reached a

settlement with open future medical treatment. The agreement contained the following

language:

At the time of settlement, the parties agreed that medical expenses were

incurred in the amount of $25,436.23, all of which have been or will be paid

by Covenant Health. Ms. Pinthanond showed that she submitted expenses

from Dr. Rao and Methodist Medical Center, which were claimed as related,

but unpaid. The parties agreed that the charges will be evaluated, and if

authorized, will be paid. Additionally, Covenant Health agreed that Dr. Carla

Sevin would be designated as the authorized treating provider.

In June 2024, Ms. Pinthanond filed a hearing request seeking a decision on the

1

record for payment of BCBS’s lien.1 She submitted a 2019 letter from BCBS showing its

lien totals $14,389.91. She also submitted a BCBS Paid Claims Report.

Findings of Fact and Conclusions of Law

Ms. Pinthanond must prove by a preponderance of the evidence that she is entitled

to the requested benefits. Willis v. All Staff, 2015 TN Wrk. Comp. App. Bd. LEXIS 42, at

*18 (Nov. 9, 2015).

An employer shall furnish, free of charge to the employee, “treatment . . . made

reasonably necessary” by the work accident. Tenn. Code Ann. § 50-6-204(a)(1)(A) (2023).

Here, Ms. Pinthanond offered BCBS’s lien amount and claims report. However, she did

not provide any evidence to establish that the treatment BCBS paid for was reasonable,

necessary, and related to her work injury. See Eaves v. Ametek, Inc., 2018 TN Wrk. Comp.

App. Bd. LEXIS 53, at *8-9 (Sept. 14, 2018) (Court erred by ordering repayment of

medical expenses when employee “offered no proof that the medical bills or the

compilation of medical expenses prepared by her health insurer were reasonable,

necessary, or causally-related to the work accident.”). Ms. Pinthanond did not meet her

burden, so the Court denies her request for payment of BCBS’s lien.

Costs of $150.00 are taxed to Covenant, to be paid within five business days after

this order becomes final. Unless appealed, this order becomes final in 30 days.

IT IS ORDERED.

ENTERED August 8, 2024.

_____________________________________

JUDGE LISA A. LOWE

Court of Workers’ Compensation Claims

1

Ms. Pinthanond filed a request for Expedited Hearing. However, since Expedited Hearings result in

interlocutory orders, the Court considers the request as a Compensation Hearing.

2

APPENDIX

The Court reviewed the following documents, marked as exhibits for ease of

reference:

Exhibits:

1. Petition for Benefit Determination

2. Dispute Resolution Statement

3. Panel of Physicians

4. Medical Records of Ear, Nose & Throat

5. Petition for Benefit Determination, July 3, 2018

6. Mediated Settlement Agreement

7. Petition for Benefit Determination – Settlement Approval Only

8. First Report of Work Injury

9. Wage Statement

10. Medical Records of Dr. Vijoydeep T.V. Rao

11. Statistical Data Form, SD-2

12. Order Approving Workers’ Compensation Settlement Agreement

13. Workers’ Compensation Settlement Agreement

14. Petition for Benefit Determination, November 9,2023

15. Employer’s Disputed Issues

16. Dispute Certification Notice

17. Hearing Request

18. Rule 72 Declaration of Ms. Pinthanond

19. BCBS Correspondence regarding Subrogation Lien

20. BCBS Paid Claims Report

21. Docketing Notice

CERTIFICATE OF SERVICE

I certify that a copy of the order was sent as indicated on August 8, 2024.

Name Mail Email Service sent to:

Mandy Hancock, X mandy@mandyhancocklaw.com

Employee’s Attorney

R. Kim Burnette, X kburnette@arnettbaker.com

Employer’s Attorney

______________________________________

PENNY SHRUM, Court Clerk

WC.CourtClerk@tn.gov

3

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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