Opinion

HICKS, CLIFFORD MONTRELL v. FULLEN DOCK AND WAREHOUSE

  • 2024 TN WC 61
Court
Tennessee Court of Workers' Compensation Claims
Filed
Aug 28, 2024
Status
Published
On the bench
Marion
Cited by
0 cases
Authority
More cited than 30.5%

The opinion

FILED

Aug 28, 2024

02:24 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

CLIFFORD MONTRELL HICKS, ) Docket No.: 2023-08-7416

Employee, )

v. )

FULLEN DOCK AND WAREHOUSE, ) State File No.: 81108-2023

Employer, )

And )

MANUFACTURERS ALLIANCE INS. CO., ) Judge Shaterra R. Marion

Carrier. )

)

____________________________________________________________________________

EXPEDITED HEARING ORDER DENYING BENEFITS

The Court held an expedited hearing on August 20, 2024. Mr. Hicks requested

medical and temporary disability benefits for his alleged work injury. Fullen Dock argued

that the Court should deny his request for additional benefits. The Court agrees and denies

the requested benefits.

History of Claim

Mr. Hicks fell on a barge on June 21, 2022. A coworker took him to the hospital,

where they performed CT scans of his brain and lumbar, thoracic, and cervical spine. The

findings were normal, and his diagnosis consisted of contusions and a scalp hematoma.

Repeat imaging two months later showed no acute findings.

Soon after, Mr. Hicks began treating with Dr. Christopher Pokabla. 1 At his first

visit, Dr. Pokabla ordered cervical, lumbar, and shoulder x-rays. The x-rays showed no

evidence of acute trauma, only arthritis. Dr. Pokabla ordered cervical, lumbar, and left-

shoulder MRIs, which confirmed only degenerative changes. Eventually, Dr. Pokabla

released Mr. Hicks at maximum medical improvement with a 0% impairment rating and

no anticipated need for additional treatment.

1

Fullen Dock initially accepted this case as a Longshoreman’s claim. When Fullen Dock asked Mr. Hicks

if he had a doctor preference, and he stated none, so Fullen Dock authorized medical treatment with

Methodist North Hospital and Dr. Christopher Pokabla.

1

At his deposition, Dr. Pokabla stated that Mr. Hicks’s work incident did not cause

his degenerative changes. He did say that Mr. Hicks will probably need treatment for his

non-work-related chronic degenerative arthritis. He did not believe Mr. Hicks needed any

additional treatment for his work injury.

A year after his work injury, Mr. Hicks sought treatment with an unauthorized

primary care physician because of shoulder, neck, and low-back pain after helping his sister

lift a couch. He informed the doctor about pain in multiple joints after his fall at work. The

doctor diagnosed arthralgia.

Later, Mr. Hicks visited another orthopedic, Dr. Michael Hood, with bilateral

shoulder pain. Dr. Hood took a shoulder x-ray, which came back normal aside from

postsurgical changes from an earlier surgery. Dr. Hood diagnosed a shoulder sprain.

Mr. Hicks treated with a second primary care physician, Dr. Anna Yang, in October

2023 complaining of chronic neck and back pain after a fall at work. Dr. Yang made a

neurosurgery referral; however no records were provided from a neurosurgeon.

Mr. Hicks requested both medical benefits for his continued pain and temporary

disability benefits. He testified that he continues to suffer pain and he missed two work

days after his injury.

Findings of Fact and Conclusions of Law

Mr. Hicks has the burden of proving he is likely to prevail at a hearing on the merits

on his claim for medical and temporary benefits for his alleged neck, shoulders, and back

injury. Tenn. Code Ann. § 50-6-239(c)(6) (2023); McCord v. Advantage Human

Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

To meet this burden, he must show that a physician has found to a reasonable degree

of medical certainty that his fall at work contributed more than 50 % in causing his current

need for medical treatment, considering all causes. Tenn. Code Ann. § 50-6-102(12). He

has not done so.

Mr. Hicks testified that his fall at work caused his current injuries. However, the

Appeals Board held that an employee’s “subjective belief, no matter how sincerely held, is

not a sufficient basis to support his claim for workers’ compensation benefits.” Rucker v.

Fed’l Express Corp., 2024 TN Wrk. Comp. App. Bd. LEXIS 3, at *8 (Feb. 12, 2024).

Instead, Mr. Hicks must present medical evidence to establish a causal relationship. Cloyd

v. Hartco Flooring Co., 274 S.W.3d 638, 643 (Tenn. 2008).

2

The Court acknowledges that Mr. Hicks fell at work and suffered contusions and a

laceration, but he requests medical treatment for continued joint pain. Here, Dr. Pokabla

stated that Mr. Hicks’s work did not contribute more than 50% to his current need for

medical treatment. The other doctors did not give causation opinions. Based on the

evidence provided, the Court finds that Mr. Hicks is not likely to prevail at a hearing on

the merits in showing that his work primarily caused his current need for medical treatment

and denies his request for medical benefits at this time.

Turning to Mr. Hicks’s claim for temporary disability benefits, no temporary

disability benefits are paid for the first seven days of disability, unless the disability lasts

more than 14 days. Tenn. Code Ann. § 50-6-205(a). Mr. Hicks testified he missed two days

of work. The Court therefore finds that he is not likely to prove at a hearing on the merits

that he is entitled to temporary disability benefits.

IT IS THEREFORE ORDERED as follows:

1. Mr. Hicks’s request for medical and temporary disability benefits is denied at this

time.

2. The Court sets a status conference for October 28, 2024, at 10:00 a.m. Central

Time. The parties must call (866) 943-0014 to participate. Failure to call may result

in a determination of the issues without the party’s participation.

ENTERED August 28, 2024.

________________________________________

Judge Shaterra R. Marion

Court of Workers’ Compensation Claims

3

APPENDIX

Exhibits:

1. Medical Records Submitted by Mr. Hicks

2. Medical Records Submitted by Fullen Dock

3. Rule 72 Declaration of Catharine Pridgeon

4. Separation Notice

5. First Report of Injury

6. Deposition of Dr. Christopher Pokabla

For Identification Only:

7. Medical Bills Submitted by Mr. Hicks

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as indicated on August 28, 2024.

Name U.S. Via Service sent to:

Mail Email

Clifford Montrell X X 2329 Vollintine Avenue

Hicks, Memphis, TN 38108

Employee montrellhicks2@gmail.com

Donna Wilkerson, X dwilkerson@wimberlylawson.com

Employer’s Attorney

_____________________________________

Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

4

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 *

LB-1099 rev. 01/20 Page 1 of 2 RDA 11082

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]

LB-1099 rev. 01/20 Page 2 of 2 RDA 11082

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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