Opinion

EVANS, PATRICIA v. KROGER COMPANY

  • 2025 TN WC 55
Court
Tennessee Court of Workers' Compensation Claims
Filed
Aug 12, 2025
Status
Published
On the bench
Baker
Cited by
0 cases

The opinion

FILED

Aug 12, 2025

01:47 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

PATRICIA EVANS, ) Docket No. 2025-60-2109

Employee, )

v. ) State File No. 90422-2024

)

KROGER COMPANY, ) Judge Joshua D. Baker

Employer, )

EXPEDITED HEARING ORDER

Ms. Evans requested medical benefits for a left-knee injury. Kroger denied her

entitlement to benefits because her authorized treating physician did not relate the injury

to her workplace accident. The Court agrees and denies her claim for medical benefits at

this time.

Claim History

Ms. Evans alleged she injured her left knee “turning and twisting” while walking

through the self-checkout area at work. She first treated at a walk-in clinic, and after an

orthopedic referral, chose Dr. William Kurtz from a panel.

Dr. Kurtz evaluated Ms. Evans and reviewed imaging of her left knee that showed

bone-on-bone arthritis. He diagnosed “left knee osteoarthritis” and a “left knee Baker’s

cyst.” Dr. Kurtz recommended physical therapy and observed that “the patient has bone-

on-bone arthritis and may require knee replacement surgery in the future.”

Dr. Kurtz answered a questionnaire from the adjuster, marking that Ms. Evans’s

diagnoses and need for medical treatment are not work-related. He explained, “She has

near bone on bone knee arthritis which is 10-20 years in the making. Patients don’t develop

bone on bone arthritis from walking across a self checkout area.” Dr. Kurtz also thought

“[t]he Baker cyst would be related to her knee arthritis [sic] which is not related to her

12/19/24 injury.” He stated any further need for treatment is “related to her preexisting

arthritis” rather than employment. Kroger denied the claim based on Dr. Kurtz’s negative

causation opinion.

1

For her part, Ms. Evans provided medical records including an MRI report showing

a meniscal tear in the anterior and posterior of the same knee. That medical record said she

had no Baker’s cyst.

Findings of Fact and Conclusions of Law

To receive benefits at an expedited hearing, Ms. Evans must prove she is likely to

prevail at a final hearing. Tenn. Code Ann. § 50-6-239(c)(6) (2024); McCord v. Advantage

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

To prove a compensable injury, an employee must show “to a reasonable degree of

medical certainty that [the work accident] contributed more than fifty percent (50%) in

causing the . . . disablement or need for medical treatment, considering all causes.” Further,

the panel physician’s opinion is presumed correct on causation but is rebuttable by a

preponderance of the evidence. Tenn. Code Ann. § 50-6-102(12)(A)-(E).

Dr. Kurtz, a panel-selected physician, wrote that Ms. Evans’s condition is

preexisting and unrelated to the work incident.1 His unequivocal opinion is presumed

correct, and Ms. Evans did not offer a contrary opinion. Therefore, Ms. Evans is unlikely

to prevail in proving a work-related injury caused her osteoarthritis and need for medical

treatment at a final hearing.

It is ORDERED as follows:

1. The Court denies Ms. Evans’s request for benefits.

2. The Court sets a status hearing for Monday, October 27, 2025, at 11:30 a.m.

Central Time. The parties must call (615) 741-2113 to participate. Failure to call

might result in a determination of the issues without the party’s participation.

ENTERED August 12, 2025.

______________________________________

JOSHUA D. BAKER, JUDGE

Court of Workers’ Compensation Claims

1

The causation letter asked whether Ms. Evans’s need for treatment is more than “51%” related to her

workplace accident. This standard differs from the causation standard for Tennessee Workers’

Compensation Law, which requires that the injury be more than 50% the cause of the need for treatment

considering all causes. Tenn. Code Ann. § 50-6-102(12). Considering the certainty in his diagnostic

language, however, this misstatement of the causation standard does not alter the Court’s ruling.

2

APPENDIX

Exhibits:

1. Rule 72 declaration of Ms. Evans

2. Medical records

3. Rule 72 declaration of Alyssa Schreiner, including attached exhibits

4. Rule 72 declaration of Kristy Lykins, including attached exhibits

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as shown on August 12, 2025.

Name Certified Email Service sent to:

Mail

Patricia Evans, X peegevans13@gmail.com

Employee

Jenna Macnair, X jmacnair@manierherod.com

Employer’s Attorney sknack@manierherod.com

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

3

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

ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________

ප Compensation Order filed on__________________ ප 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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