The opinion
FILED
Feb 06, 2025
12:49 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
MARY DAVIS ) Docket No.: 2023-08-6798
Employee, )
v. )
ELVIS PRESLEY ENTERPRISES, )
INC., ) State File No.: 46845-2023
Employer, )
And )
OBI NATIONAL INS. CO., )
Carrier. ) Judge Shaterra R. Marion
)
________________________________________________________________________
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an expedited hearing on February 3, 2025, on Ms. Davis’s request
for benefits for her knee and elbow injuries. Elvis Presley argued that Ms. Davis’s injury
did not arise out of her employment. For the reasons below, the Court agrees with Elvis
Presley and denies Ms. Davis’s request.
History of Claim
Ms. Davis testified that on June 17, 2023, she fell while walking through a basement
hallway. She said she fell because the floor was slippery, and she found out later that the
floor had recently been cleaned and waxed. Ms. Davis did not know when the floors had
been waxed but knew it was done in anticipation of an upcoming event.
Ms. Davis’s co-worker Keith Smith testified that he waxed the floor on June 11,
almost a week before the fall. He stated that the entire process, waxing and drying, takes
three to four hours and he puts out signs. Once the wax dries, it is slip-resistant. Mr. Smith
did not work the day of Ms. Davis’s fall but testified that if someone spilled some other
liquid in that hallway, “then everyone would know it” because of the amount of foot traffic.
Elvis Presley provided video footage of the fall. It showed Ms. Davis walking about
halfway down the hallway when her foot appeared to catch, causing her to fall forward.
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The video did not appear to show any visual difference between the part of the hallway
where she fell and any other part of the hallway.
Elvis Presley denied Ms. Davis’s claim, and she sought unauthorized treatment with
Dr. Jay Saenz. He diagnosed right-knee and left-elbow fractures and recommended further
treatment. Ms. Davis requested that Dr. Saenz be named her authorized treating physician.
Findings of Fact and Conclusions of Law
Ms. Davis has the burden of proving she is likely to prevail at a hearing on the merits
on her claim for benefits for her knee and elbow injury. Tenn. Code Ann. § 50-6-239(d)(1)
(2024); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS
6, at *7-8, 9 (Mar. 27, 2015). She must show the injury arose primarily out of and in the
course and scope of her employment. Tenn. Code Ann.§ 50-6-102(12).
Elvis Presley contended that Ms. Davis suffered an idiopathic injury. 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. Performance Facilities Grp., 2018 TN Wrk. Comp. App.
Bd. LEXIS 37, at *7 (Aug. 7, 2018). An idiopathic injury is compensable “if an
employment hazard causes or exacerbates the injury.” Id. at *8. “Cause” in this context
means that the accident originated in the hazards to which the employee was exposed as a
result of performing her job duties. Id. The focus is on the causal link between the
employment and the accident or injury, rather than a causal link between the employment
and the idiopathic episode. Id. at *9. Tennessee Courts have repeatedly held that an injury
that occurs while walking is not compensable unless an employment hazard such as a
puddle of water exists and causes the injury. Id. at *11.
The Court finds that Ms. Davis was in the course and scope of her employment
when she fell. However the issue is whether her injury arose out of her employment. The
Court holds it did not.
While Ms. Davis testified that she slipped, she did not identify a hazard specific to
her employment that caused her fall. She only referenced the fact that she learned, after her
fall, that the floor had recently been waxed. However, according to Mr. Smith, the waxing
took place almost a week before Ms. Davis’s fall and would have fully dried that same day.
Additionally, the video shows Ms. Davis walking down half of the hallway without
incident. She then tripped on her foot and fell; she did not slip. Ms. Davis presented no
evidence to show a puddle or other hazard that caused her fall.
Therefore, the Court finds that Ms. Davis’s injury was idiopathic in nature. She is
not likely to prevail at a hearing on the merits establishing that her injury arose out of her
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employment.
IT IS THEREFORE ORDERED as follows:
1. Ms. Davis’s request for benefits related to her knee and elbow injury is denied.
2. The court sets a status conference for March 10, 2025, at 9:45 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 February 6, 2025.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. OrthoSouth Medical Records
2. Results Physiotherapy Medical Records
3. OrthoSouth and Results Physiotherapy Medical Bills
4. Video of Ms. Davis’s Fall
5. Notice of Denial
6. Safety Data Sheet for Untouchable Floor Finish with SRT
7. Petition for Benefit Determination with Addendum
8. Methodist Hospital Medical Records
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on February 6, 2025.
Name Email Service sent to:
Andrew Wener, X awener@wenerlawfirm.com
Scott Kramer, skramer@wenerlawfirm.com
Employee’s Attorneys
Lesley Floyd, X lesley.floyd@leitnerfirm.com
Doug Dooley, doug.dooley@leitnerfirm.com
Employer’s Attorneys
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
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.
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