Opinion

Holt, Jeremy v. PROFESSIONAL TOUCH CLEANING OF THE TRI-CITIES

  • 2024 TN WC 76
Court
Tennessee Court of Workers' Compensation Claims
Filed
Oct 30, 2024
Status
Published
On the bench
Addington
Cited by
0 cases

The opinion

FILED

Oct 30, 2024

02:13 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

(Decision on the Record)

This is the second time Jeremy Holt requested benefits for a fall at work. The Court

conducted a review of the record and denies his request because although he has obtained

additional medical proof, it is still insufficient to show he is likely to prevail at a hearing

on the merits.

History of Claim

Because the proof in this second review is largely the same, the Court recounts the

facts as in the first order.

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.

1

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.

Although Mr. Holt does not know why he fell, he asserted it was anxiety related to

work. He requested payment of a medical bill and temporary disability benefits. His

family submitted affidavits supporting his assertion that work stress caused his symptoms.

For this second decision on the record, Mr. Holt supplemented the medical proof

with a record from family nurse practitioner Kimberly Sturgill, who noted Mr. Holt’s

episodes seem to have been due to work stress.

Professional Touch argued that Mr. Holt suffered an idiopathic fall and that his

medical proof is insufficient to prove his episodes are work related.

Findings of Fact and Conclusions of Law

Mr. Holt, as the employee in a workers’ compensation case, has the burden of

proving all essential elements of his claim for benefits. Scott v. Integrity Staffing Solutions,

2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 2015). 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) (2024).

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. Specifically, he must

show, to a reasonable degree of medical certainty, that the injury contributed more than

50% in causing the need for medical treatment, considering all causes. A “reasonable

degree of medical certainty” means that, in the physician’s opinion, it is more likely than

not considering all causes as opposed to speculation or possibility. Id. at -102(12) (A)-(D).

Here, Mr. Holt suffered a fall at work. He does not know why he fell, but he

contended 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, the only medical

records relating the spell to his work are from a family nurse practitioner. However, an

opinion from a physician is required to prove the work-relatedness of an injury. See Dorsey

v. Amazon.com, Inc., 2015 TN Wrk. Comp. App. Bd. LEXIS 13, at *9 (May 14, 2015)

(“The opinion of the nurse practitioner . . . did not and could not provide a valid basis for

denial of the claim based on causation.”). Likewise, his family members’ affidavits cannot

prove causation.

Further, the nurse practitioner’s opinion does not state that the spell at work

contributed more than 50% in causing Mr. Holt’s need for treatment. Instead, she wrote

that Mr. Holt’s episodes seem to have been due to work stress, which conveys

impermissible speculation. Moreover, the medical records do not show any acute injuries.

2

Mr. Holt does not know whether he was injured simply by hitting the ground or by

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 work related. 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. But 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 scheduling hearing on December 11, 2024, at 2:00 p.m.

Eastern. The parties must dial 855-543-5044 to participate in the hearing.

It is ORDERED.

ENTERED October 30, 2024.

Brian K. Addington

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Declaration of Jeremy Holt (August 13, 2024)

2. Declaration of Jeremy Holt (October 4, 2024)

3. Declaration of Brandy Holt

4. Declaration of Brittany Hammond

5. Declaration of Laura Hilliard

6. Declaration of Patricia Thiemann

7. Declaration of Jason Sanders

8. Wage Statement

9. Medical bills

3

10. Emails

11. Jeremy Holt’s deposition transcript

12. Blue Care Tennessee explanation of benefits

13. Causation opinion of Kimberly Sturgill, F.N.P.

14. Radiology reports

15. Discharge notes Bristol Regional Medical Center

16. Discharge notes Johnson City Medical Center

17. Return to work slip by Dr. Charles Bolick

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent on October 30, 2024.

Name Certified Fax Email Service sent to:

Mail

Jeremy Holt, X X jeremyholt36@gmail.com

Employee 380 Old Mountain View Road

Lot 3

Bluff City, Tennessee 37618

Karlyn Hillard, X karlyn.hillard@libertymutual.com

Employer’s Attorney eva.noss@libertymutual.com

______________________________________

PENNY SHRUM, COURT CLERK

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.

¾ 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.

¾ 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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ

ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗

□ 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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