Opinion

COOKE, ANDREA v. JOHNSON COUNTY SCHOOL SYSTEM

  • 2025 TN WC 31
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 28, 2025
Status
Published
On the bench
Addington
Cited by
0 cases

The opinion

FILED

May 28, 2025

07:36 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT GRAY

ANDREA COOKE, ) Docket No. 2023-02-5825

Employee, )

v. )

JOHNSON COUNTY SCHOOL )

SYSTEM, ) State File No. 61269-2022

Employer, )

And )

TENNESSEE RISK MANAGEMENT )

TRUST, ) Judge Brian K. Addington

Carrier. )

EXPEDITED HEARING ORDER

The Court held an expedited hearing on May 22, 2025, to decide Ms. Cooke’s

request for payment of past bills, ongoing medical treatment with Dr. Suzanne McAdams,

and past temporary disability benefits. For the reasons below, the Court holds Ms. Cooke

is entitled to ongoing medical treatment from a panel physician but denies her other

requests.

Claim History

During a volleyball game for the Johnson County School System on August 25,

2022, an errant volleyball spike hit Ms. Cooke on the head. She had difficulty standing for

the rest of the game.

Ms. Cooke reported her injury the next day and filed an accident report. She was

told to go home because it was obvious that she was struggling to stand and walk. Johnson

County did not provide a panel of physicians before she left work.

After Ms. Cooke went home, her symptoms worsened, so she went to her

neurologist, Dr. Suzanne McAdams, because her primary care doctor was unavailable.

1

There she complained of headache, neck pain, and radicular pain in her right hand. Dr.

McAdams diagnosed a concussion. A CT scan was normal.

Later that day, Ms. Cooke was informed there was a physician panel in her box at

work. She made an appointment with Bridgett Lewis with the personnel office at work to

fill out the paperwork.

On August 29, Ms. Cooke filled out paperwork and signed a panel of physicians.

Ms. Lewis sent it to Tennessee Risk Management Trust (TRMT).

Ms. Cooke and Ms. Lewis also spoke with a TRMT representative on the phone,

but they and the representative had different understandings of the conversation. The

representative thought Ms. Cooke only wanted to treat with Dr. McAdams instead of the

panel doctor, while Ms. Cooke and Ms. Lewis thought that TRMT would consider letting

Dr. McAdams be the authorized physician. However, Ms. Cooke acknowledged during the

expedited hearing that no one told her that Dr. McAdams was authorized.

Despite her not being explicitly authorized to treat, Ms. Cooke continued to see Dr.

McAdams and underwent physical therapy for post-concussive syndrome using her private

insurance. Ms. Cooke twice called TRMT, but she received no response until a notification

arrived in the mail in November 2022 where TRMT said it would not reimburse her private

insurance for her treatment with Dr. McAdams. Despite this, Ms. Cooke continued to see

Dr. McAdams. She kept her off work from August 29 to December 15, when she returned

to work under restrictions that Johnson County accommodated.

Eventually Ms. Cooke filed a Petition for Benefit Determination. A few months

later, counsel for TRMT offered Ms. Cooke another physician panel. This confused Ms.

Cooke, and she declined to select a doctor.

At the hearing, Ms. Cooke argued that she was entitled to payment of past medical

bills, ongoing medical treatment with Dr. McAdams, and temporary disability benefits

from August 29 to December 15, 2022. TRMT said it was willing to provide treatment

from a panel physician but argued Ms. Cooke is not entitled to any other benefits because

she chose to treat on her own with Dr. McAdams.

Findings of Fact and Conclusions of Law

Ms. Cooke must prove she is likely to prevail at a hearing on the merits that she is

entitled to the requested benefits. McCord v. Advantage Human Resourcing, 2015 TN Wrk.

Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

TRMT agreed that Ms. Cooke suffered an injury at work and it accepted her claim.

However, it expected her to see a panel physician.

2

Tennessee Code Annotated Section 50-6-204(a)(3)(A)(i) (2022) requires that

employers offer a panel of three doctors and the employee to accept medical treatment from

a panel physician. Likewise, Tennessee Compilation Rules and Regulations 0800-02-01-

.06(1) (2018) requires employers to provide a panel of physicians no later than three days

after the employee gives notice of an injury and expresses a need for medical treatment.

Here, Ms. Cooke filed her claim on August 26, 2022, and Johnson County placed a

physician panel in her work mailbox that day. However, Ms. Cooke never saw the doctor

she later chose from the panel because she began treating with her own physician before

receiving the panel and chose to stay that course.

Ms. Cook said she thought Dr. McAdams might be approved, while TRMT never

approved Dr. McAdams but believed Ms. Cooke wanted her anyway. Also, when she later

realized Dr. McAdams was not authorized, Ms. Cooke continued to see her and did not

pick a physician from the panel TRMT offered her in 2023.

Although Ms. Cooke had the right to see Dr. McAdams despite being offered

medical treatment, she ran the risk of being responsible for paying for the treatment by

doing so. TRMT never refused to provide medical benefits. However, a misunderstanding

between the parties led Ms. Cooke to believe TRMT would pay for her to see Dr.

McAdams. Then, after the misunderstanding was cleared, Ms. Cooke still chose to continue

treating with Dr. McAdams. Thus, TRMT is not responsible for paying for that treatment.

McCord, 2015 TN Wrk. Comp. App. Bd. LEXIS 6 at *13.

Further, Section 50-6-204(d)(7) states that when an employee does not accept the

medical services offered by the employer, the employee’s right to compensation is

suspended. Based on the evidence, the Court finds that Ms. Cooke did not accept medical

treatment offered by TRMT, so her benefits were suspended when she was off work from

August 29 to December 15, 2022, excluding her from receiving temporary disability

benefits for that period.

It is ORDERED as follows:

1. Ms. Cooke’s request for payment of past medical treatment and past temporary

disability benefits is denied.

2. Ms. Cooke may choose from the panel TRMT offered her, and TRMT shall

authorize treatment with that physician.

3. The Court sets a status hearing for July 17, 2025, at 2:00 p.m. Eastern Time.

The parties must call (855) 543-5044 to participate.

3

4. Unless an interlocutory appeal is filed, compliance must occur by seven business

days of entry of this order as required by Tennessee Code Annotated section 50-

6-239(d)(3). Johnson County or its carrier must submit confirmation of

compliance to WCCompliance.Program@tn.gov by the compliance deadline.

Failure to do so may result in a penalty assessment for non-compliance. For

compliance questions, please contact the Workers’ Compensation Compliance

Unit by email at WCCompliance.Program@tn.gov.

ENTERED May 28, 2025.

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims

Appendix

Exhibits:

1. Affidavit of Andrea Cooke

2. Affidavit of Brookanna Hutchins

3. Affidavit of Bridgette Lewis

4. Affidavit of Michelle Green

5. Affidavit of Christi Gentry

6. (Collective)Employee’s Choice of Physician

7. TNRMT Employee Accident Report

8. Supervisor Accident Investigation Report 8/29/2022

9. TNRMT Accident acknowledgement letter 8/29/2022

10. TNRMT Carman Judd letter to Ms. Cooke8/29/2022

11. TNRMT Event letter 8/29/2022

12. Letter from Andrea Cooke Re: treatment with Dr. McAdams 8/29/2022

13. Blue Cross Blue Shield of Tennessee Lien Letter 11/10/2022

14. TNRMT Lien denial letter

15. Bridgette Lewis Letter 9/29/2023

16. Email from Mr. Gerard Jabaley attaching physician panel

17. Medical Records Boone Neurological Services-Dr. Suzanne McAdams

18. Standard Form Medical Report of Industrial Injuries 5/6/2024

19. Ballad Health Physical Therapy records

20. Pay Stub Johnson County Board of Education

21. (Collective) Johnson County Schools Employee Absentee Form

22. (Collective) Blue Cross Blue Shield Explanation of Benefits

4

23. Johnson County Board of Education Employee Accident Report

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent on May 28, 2025.

Name Mail Fax Email Service sent to:

Andrea Cooke, X X mcooke@jocoed.net

Employee 156 Putnam Lane

Mountain City, TN 37683

Gerard Jabaley, X gjabaley@wimberlylawson.com

Employer’s Attorney aburge@wimberlylawson.com

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

5

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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