The opinion
FILED
Dec 17, 2024
03:06 PM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT KNOXVILLE
BENJAMIN HOWARD ) Docket No. 2022-03-0560
Employee, )
v. ) State File No. 15854-2019
CENTURION, )
Employer. ) Judge Pamela B. Johnson
COMPENSATION ORDER
Benjamin Howard fell and struck his head on February 1, 2022. Centurion denied
his claim. Based on a preponderance of the evidence, the Court holds that Dr. Howard did
not prove that he suffered an injury arising primarily out of and in the course and scope of
his employment and dismisses his case with prejudice.
History of Claim
Dr. Howard worked as a dentist for Centurion for ten years. As part of his job, he
provided dental services to inmates at Tennessee state prisons. He testified that while
walking into work from the parking lot on February 1, 2022, he fell and hit his head. He
sought treatment at the emergency room and underwent two surgeries for bilateral
intracranial subdural hematomas. After the surgeries, he attended occupational
rehabilitation, where he relearned to walk, talk, and perform other activities of daily living.
He missed work from February 1 through May 15, 2022.
On cross-examination, Dr. Howard admitted that he had taken blood pressure
medication for 20 years. He agreed that he was prescribed a new medication, which was
filled on January 25, 2022. Although he said he took blood pressure medication on the
morning of the incident, he was uncertain whether it was his old medication or the new
prescription.
Centurion served Dr. Howard with requests for admissions. When Dr. Howard did
not respond within 30 days, Centurion moved to deem the requests admitted. Dr. Howard
then responded to three of the requests. The Court accepted Dr. Howard’s three late
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responses but deemed the remaining requests admitted.
The admissions established that:
• Dr. Howard started a new blood pressure medication and filled it on January
25.
• The new blood pressure medication had a side effect of lightheadedness, as
the leaflet with the medication warned.
• Dr. Howard testified at his deposition that he did not start the new blood
pressure mediation until after his surgery.
• No medical doctor has opined that Dr. Howard’s injury was caused by his
employment.
Findings of Fact and Conclusions of Law
Centurion moved to dismiss Dr. Howard’s case under Tennessee Rules of Civil
Procedure 41.02 (1) and (2) (2024), based on Dr. Howard’s failure to disclose any expert
witness by the disclosure deadline in the Scheduling Order and the facts deemed admitted
by court order in its Requests for Admission.
Dr. Howard opposed the motion, denying any symptoms related to his medications
or blood pressure or that he told anyone he was lightheaded or sped up to sit down. He
stated no medical doctor was present at the time of his fall to give an opinion as to its cause.
The Court held the motion in abeyance for determination at the Compensation
Hearing, and Centurion appealed. The Appeals Board vacated the order and instructed the
Court to consider both sections (1) and (2) of Rule 41.02. Howard v. Centurion, 2024 TN
Wrk. Comp. App. Bd. LEXIS 39, at *7 (Nov. 7, 2024).
At the hearing, Centurion asserted that Dr. Howard did not disclose any expert by
the expert disclosure deadline, did not introduce an expert opinion proving that his injury
arose primarily from his employment, and testified inconsistently as to the medications he
did not or did not take on the date of the incident.
Dr. Howard contended that he was at work when he fell, he suffered a brain injury,
and he missed four months of work. He argued that he should be able to recover benefits
for his work injuries and missed work.
The Court took the motion under advisement and for the reasons below, the motion
to dismiss is granted.
Tennessee Rules of Civil Procedure 41.02 provides that a party may move for
dismissal of an action for (1) failure of the plaintiff to prosecute or to comply with the rules
of civil procedure or any court order, or (2) failure to show any right to relief based upon
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the fact and law. The trial court may grant the motion only if it determines that reasonable
minds could not differ as to the conclusions to be drawn from the evidence. Burchfield v.
Renfree, 2013 Tenn. App. LEXIS 685, at *86-87 (Tenn. Ct. App. 2013).
Here, considering 41.02(1), Dr. Howard did not disclose any expert witness by the
expert disclosure deadline as required by the Scheduling Order. With respect to 41.02(2),
Dr. Howard offered no expert medical opinion at the hearing to support his request for
benefits.
To prevail at the Compensation Hearing, Dr. Howard must show by a
preponderance of the evidence that his injuries arose primarily out of and in the course and
scope of his employment. He must show to a reasonable degree of medical certainty that a
work incident contributed more than 50% in causing his need for medical treatment,
meaning that in the physician’s opinion, it is more likely than not considering all causes,
as opposed to speculation or possibility. Tenn. Code Ann. § 50-6-102(12)(A)-(D) (2024).
Dr. Howard argued that no physician saw his fall at work. The Court agrees. But a
physician does not need to see the fall. Rather, a physician is qualified to offer an expert
opinion on what caused the fall and Dr. Howard’s resulting injuries based on the history
provided by Dr. Howard, a physical examination, and review of diagnostic testing.
However, Dr. Howard offered no expert opinion.
Although the Court is aware of Dr. Howard’s sincerely-held belief that his current
conditions and need for treatment arose primarily out of his work injury, his lay opinion
alone is legally insufficient to prove the essential element of medical causation. Parties and
their lawyers cannot rely solely on their own medical interpretations of the evidence to
successfully support their arguments.” Lurz v. Int’l Paper Co., 2018 TN Wrk. App. Bd.
LEXIS 8, at *16 (Feb. 14, 2018).
Thus, the Court dismisses Dr. Howard’s case with prejudice.
IT IS, THEREFORE, ORDERED as follows:
1. Dr. Howard’s request for benefits is denied, and his case is dismissed with prejudice.
2. Centurion shall pay the $150.00 filing fee within five business days of this order
becoming final, and for which execution might issue if necessary.
3. Centurion shall prepare and submit a Statistical Data Form (SD2) within 10 business
days of this order becoming final.
4. Unless appealed, this order shall become final 30 days after issuance.
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ENTERED December 17, 2024.
_____________________________________
JUDGE PAMELA B. JOHNSON
Court of Workers’ Compensation Claims
APPENDIX
The Technical Record consists of every document filed and uploaded to TNComp.
Neither party filed a Prehearing Statement as required by Tennessee Compilation Rules
and Regulations 0800-02-21-.22(5), so no exhibits were marked as evidence.
CERTIFICATE OF SERVICE
I certify that a copy of the order was sent as shown on December 17, 2024.
Name Mail Email Service sent to:
Benjamin Howard, X X 456 Chapel Grove Lane
Self-Represented Knoxville, TN 37934
Employee howardben97@yahoo.com
Jennifer Thomas, X jdthomas@mijs.com
Brayden Hunter brhunter@mijs.com
Employer’s Attorneys
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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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.