The opinion
FILED
Dec 03, 2024
09:25 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
EDWARD RICHARDS, ) Docket Number: 2024-20-3116
Employee, )
v. )
CNS Y 12, ) State File Number: 47154-2023
Employer, )
And )
INSURANCE COMPANY OF THE ) Judge Brian K. Addington
STATE OF PENNSYLVANIA, )
Carrier. )
EXPEDITED HEARING ORDER
The Court held an expedited hearing on November 20, 2024, to determine if Edward
Richards is entitled to benefits for his knee injury. CNS denied the claim, arguing that Mr.
Richards’s bilateral knee condition was preexisting and that he was unable to prove that a
specific work incident caused his injury. For the reasons below, the Court holds that Mr.
Richards is not entitled to benefits.
Claim History
CNS offered medical records showing that before the alleged injuries, Mr. Richards
sought treatment for bilateral knee pain in October 2022. The knee pain lasted more than a
month. He described it as constant pain that increased with bending and requested an
orthopedic referral. A physician’s assistant ordered an orthopedic evaluation and a nutrition
referral, writing, “[His obesity] could be playing a role in his knee pain.”
Later, in January 2023, Dr. Marina MacNamara, a primary care provider, noted Mr.
Richards’s past medical history of knee pain, his continued obesity, and that he should
“[c]onsider nutrition referral in future. Could be playing a role in his knee pain.”
At the time of the alleged injury, Mr. Richards worked as a journeyman electrician
at the CNS facility in Oak Ridge. He testified that two incidents led to his knee condition.
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The first incident occurred when he stumbled on an electrical wire sticking out of the
ground.1
A week later, his knee began to feel “achy,” and Mr. Richards mentioned his knee
pain when he saw Dr. Eric Smith, another primary care provider, in June 2023. Mr.
Richards reported pain in both knees lasting more than two weeks; however, the office note
later emphasizes right-knee pain as a primary diagnosis. The note does not mention if an
injury or incident caused his pain. Later that month, Dr. Smith again stated Mr. Richards
should consider a nutrition referral, as it could be playing a role in his knee pain.
The second incident occurred on June 26, 2023. Mr. Richards stated he was exiting
a bus at work and heard a “pop” from his knee. He reported the incident and was sent to an
onsite clinic. He was given a physician panel, told they would make an appointment, and
returned to his jobsite.
However, Mr. Richards testified he went to the hospital before he was seen by a
panel doctor. The physician x-rayed his knee, referred him to an orthopedist, and placed
him on light duty. He introduced no records from this visit.
CNS was unable to accommodate the restrictions. Mr. Richards testified he went to
an orthopedist on his own and understood he might have a torn meniscus, but he again
offered no medical records to confirm that diagnosis. CNS then informed him it had denied
his claim because it did not have evidence of an injury.
Afterward Mr. Richards underwent an MRI of his left knee that showed a
degenerative meniscus tear and osteoarthritis. This was the only medical record Mr.
Richards offered about the alleged injury.
Mr. Richards argued that he was entitled to medical and temporary disability
benefits. He acknowledged that he did not present any witnesses to his incidents to CNS,
but he argued that he reported the incidents to CNS. He emphatically denied any
preexisting knee problems.
CNS argued that Mr. Richards did not present witnesses to the incidents, was
untruthful about his preexisting conditions, and that the Court should deny his request.
Findings of Fact and Conclusions of Law
Mr. Richards must show that he is likely to succeed at a hearing on the merits. Tenn.
Code Ann. § 50-6-239(d)(1) (2024). Mr. Richards must prove “a specific incident, or set
of incidents, arising primarily out of and in the course and scope of employment, and is
1
Mr. Richards did not testify to the date the first incident occurred.
2
identifiable by time and place of occurrence[.]” Further, he must also show that a physician
has given the opinion that to a reasonable degree of medical certainty the employment
contributed more than 50% in causing the need for medical treatment, considering all
causes. Tenn. Code Ann. § 50-6-102(12)(A)-(D).
Mr. Richards’s claim fails for several reasons.
First, the medical records contradict Mr. Richards’s testimony. He testified that he
did not have knee pain before the alleged work injuries. He denied any knee pain beginning
in October 2022. However, the medical records document that he did. They also show he
had bilateral knee pain up until the time of the alleged incidents at work.
Second, Mr. Richards never testified as to which knee he injured during the
incidents. He simply stated his “knee.” He offered no supporting affidavits or live witness
testimony about the two alleged incidents. Although he obtained an MRI of his left knee,
the Court cannot conclude at this time that he injured his left knee during the alleged
incidents at work. Both knees were experiencing pain, mostly his right knee, after the first
alleged incident.
Third, Mr. Richards did not present any medical evidence that he suffered an injury
arising primarily out of his employment. CNS denied his claim because it found that he
had preexisting conditions and he did not support his claim with witnesses. Thus, Mr.
Richards was forced to seek treatment on his own, and if he wanted the Court to consider
ordering CNS to offer medical benefits, he needed to submit a physician opinion stating
that to a reasonable degree of medical certainty the employment contributed more than
50% in causing the need for medical treatment, considering all causes.
This is important because the Appeals Board has held, “Except in the most obvious,
simple and routine cases, the claimant in a workers’ compensation action must establish by
expert medical evidence the causal relationship . . . between the claimant’s injury (and
disability) and the employment activity.” Albright v. Hercules HVAC Pads, Inc., 2018 TN
Wrk. Comp. App. Bd. LEXIS 66, at *13 (Dec. 20, 2018).
Mr. Richards saw other doctors after his injury, but he did not offer those medical
records. He only presented the MRI report, which showed a degenerative meniscus tear
and did not contain a causation statement. Mr. Richards bears the burden of proof. Tenn.
Code Ann. § 50-6-239(c)(6). He did not carry this burden. Therefore, the Court holds that
Mr. Richards is unlikely to prevail at a hearing on the merits that he is entitled to benefits.
IT IS ORDERED AS FOLLOWS:
1. Mr. Richards’s requested relief is denied at this time.
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2. This case is set for a status hearing on January 28, 2025, at 10:00 a.m. Eastern
time. You must call 855-543-5044 to participate.
ENTERED December 3, 2024.
/s/Brian K. Addington
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
Appendix
Exhibits:
1. Affidavit of Mr. Richards
2. MRI Report dated July 5, 2024
3. (Late filed) Medical records of MAHEC Family Health Center
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on December 3, 2024.
Name Certified Email Service sent to:
Edward Richards, X X mojojoot@att.net
Employee 26 Mountain Brook Drive
Candler, NC 28715
Laurie Ball, X laurie.ball@pxy12.doe.gov
Employer’s Attorney charis.malone@pxy12.doe.gov
______________________________________
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 *
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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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