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