# DAVIS, ARTHUR v. BAPTIST MEMORIAL HOSPITAL - MEMPHIS > Tennessee Court of Workers' Compensation Claims · March 18, 2026 · 2026 TN WC 24 URL: https://www.frixlaw.com/law-library/cases/11277726 ## Case - **Court:** Tennessee Court of Workers' Compensation Claims - **Decided:** March 18, 2026 - **Citations:** 2026 TN WC 24 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Phillips - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11277726 ## Opinion text FILED Mar 18, 2026 04:13 PM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT MEMPHIS ARTHUR DAVIS, Docket No. 2024-80-6993 Employee, v. State File No. 66854-2024 BAPTIST MEMORIAL HOSPITAL - MEMPHIS, Judge Allen Phillips Employer. EXPEDITED HEARING ORDER At a March 2, 2026 expedited hearing, Mr. Davis requested medical benefits for a shoulder injury and a heat stroke. Baptist contended neither injury arose out of his employment. Due to insufficient proof of work-related injuries, the Court denies Mr. Davis’s request at this time. History of Claim Mr. Davis worked for Baptist in environmental services. One of his duties was loading and rolling large waste bins to a dumpster. He said that on August 19, 2024, one of the two bins he was moving hit a dip in the grass near the dumpster, pulling his left shoulder. When Mr. Davis returned inside, he began to feel dizzy and had difficulty standing. He went to Baptist’s emergency room where he was diagnosed with an ischemic stroke and hospitalized.1 He was later transferred to Baptist’s rehabilitation center. 1 An ischemic stroke is caused by a blood clot in an artery in the brain. Symptoms include sudden numbness and loss of coordination. https://www.stroke.org/en/about-stroke/types-of-stroke/ischemic-stroke-clots (Last visited March 17, 2026). 1 An August 19 emergency room record includes Mr. Davis’s history of nausea, dizziness, and an unsteady gait that started at work. No shoulder complaints were recorded. Mr. Davis was transferred to Baptist’s rehabilitation facility on August 23, but complications required his readmission to the hospital eight days later. He received treatment for stroke-related symptoms and saw an orthopedist regarding his shoulder. An MRI showed a partial rotator cuff tear, and the orthopedist said Mr. Davis had no immediate need for surgery but might later see a specialist. The records from that hospitalization also contain various versions of his injury history. He reported left shoulder pain of “sudden onset” with no history of trauma and was diagnosed with “acute” shoulder pain. When Mr. Davis underwent the orthopedic evaluation, he told the examiner that he “hit his shoulder.” Another note records that he hurt his shoulder when he fell in an elevator at work and another that he reported a slip and fall. After his discharge, Mr. Davis returned to the rehabilitation facility and stayed there until late September. None of those records contain an opinion regarding the cause of Mr. Davis’s alleged injuries. Jenny Seratt, who worked in Baptist’s employee health department in 2024, testified that she handled only FMLA claims and referred workers’ compensation claims to someone else. She was familiar with Mr. Davis because she handled several of his past FMLA claims. According to her records, Mr. Davis reported by phone on August 20 that he had gone to the emergency room the day before and was diagnosed with a stroke. He did not know how long he would be off work, and Ms. Seratt explained the FMLA process. Mr. Davis opted to use his PTO time, and Ms. Seratt wrote: “He acknowledged all understanding and all questions [were] answered.” Several other entries from August document Mr. Davis’s progress in the rehabilitation hospital. Then, on September 5, Ms. Seratt noted Mr. Davis called to say his “time off is WC” because “he was at work when it happened.” He said that while pulling a trash bin through the grass, he hit a dip and he felt a “stabbing pain shoot up his shoulders.” He went inside, felt dizzy, and then went to the emergency room. Ms. Seratt told him she would speak with her supervisor, Trent, for the next steps. When Trent Riden, Baptist’s assistant director of employee health, learned of 2 Mr. Davis’s workers’ compensation claim, he obtained videos taken from cameras near the dumpsters. Baptist played those videos, and they show Mr. Davis moving the bins, pushing one in front of him while pulling another behind. He crosses a grassy area and a sidewalk, but the Court sees no dip or other obstruction, and Mr. Davis does not react as if something were amiss. Baptist denied Mr. Davis’s claim on grounds that his injuries did not arise out of his employment. Mr. Davis continued to seek medical treatment on his own. In October, he saw orthopedic surgeon Dr. John Lochemes, who recorded a history of a trash can going over a bump that caused Mr. Davis to hyperextend his left shoulder. He then had an ischemic stroke and “because of this, the left shoulder was not known about until later on.” Dr. Lochemes said the rotator cuff tear “may have been due to the mechanism of injury” and recommended a neurology evaluation because of Mr. Davis’s complaints of left-hand numbness. Mr. Davis went to a neurology clinic where he reported his torn rotator cuff and stroke but gave no history of their cause. He remained off work and was concerned that he needed FMLA paperwork. The provider included a diagnosis of an incomplete rotator cuff tear “not specified as traumatic.” In February 2025, Baptist obtained an evaluation of Mr. Davis’s shoulder from orthopedic surgeon Dr. Riley Jones. He documented Mr. Davis’s history of moving the bins and that “when he went over a dip in the grass and onto the sidewalk” he suffered an injury. Dr. Jones reviewed the videos and said there “appears to be a small bump without much or any trauma to the left shoulder and in fact he did not even stop at that time.” He looked at other records, including the ones documenting that Mr. Davis hit his shoulder or fell in an elevator. After his evaluation, Dr. Jones said Mr. Davis’s shoulder injury did not meet the “51% requirement to be covered under Workmen’s Compensation.” In reaching his conclusion, Dr. Jones considered that the video showed Mr. Davis did not react “to the small bump,” that Mr. Davis said nothing about his shoulder until two weeks later, and that the medical records contain two other reported modes of injury. Mr. Davis testified that August 19 was a hot day, and moving the bin was hard work. He maintained he hurt his shoulder and went to the emergency room with symptoms of a heat stroke. He argued Baptist knew he was at work when the stroke occurred and offered no other origin for it. He wanted reimbursement of approximately $100,000 of medical bills, and he wanted Baptist to furnish ongoing 3 medical treatment of both injuries. Baptist argued Mr. Davis is not likely to prevail because he offered no proof that either injury was work-related. Findings of Fact and Conclusions of Law At this expedited hearing, Mr. Davis must show he would likely prevail at trial on his request for medical benefits. Tenn. Code Ann. § 50-6-239(d)(1). Turning first to the shoulder, the video of Mr. Davis does not show him transversing a dip or any other obstacle. He did not reach for his shoulder or show any signs of physical distress. Further, none of the medical records contain an expert opinion connecting any shoulder condition to Mr. Davis’s work. Rather, the records contain inconsistent histories of the date and cause of his shoulder symptoms. However, one record is clear: Dr. Jones said that the shoulder condition was not work-related.2 Dr. Jones found the video and medical records offered no support for Mr. Davis’s contention. The only contrary opinion is Dr. Lochemes’s statement that the injury “may have been” related, and that does not rise to the required connection of greater than 50%. As to the stroke, Mr. Davis argued that Baptist had immediate actual notice of it and knew of no other origin except his work. However, Baptist is not required to establish the stroke’s cause; Mr. Davis is, and he did not produce evidence of a causal connection. His lay testimony alone is not enough, Argica v. AtWork Personnel Servs., 2016 TN Wrk. Comp. App. Bd. LEXIS 6, at *7 (Feb. 2, 2016). And the medical records reference only an ischemic stroke, not a heat stroke. Regardless, the records contain no opinion relating any stroke to his work. In sum, the Court holds that Mr. Davis did not produce proof that he likely would prevail at trial on his request for medical benefits. IT IS, THEREFORE, ORDERED as follows: 1. Mr. Davis’s claim for medical benefits is denied at this time. 2 Dr. Jones said the injury was not “51%” related, not greater than 50% which is the correct standard. However, physicians need not adhere to a rigid recitation of the statutory definition of medical causation if a court can conclude the testimony satisfies the correct definition. Panzerella v. Amazon.com, 2017 TN Wrk. Comp. App. Bd. LEXIS 30, at *14 (May 15, 2017). 4 2. A Status Hearing is set for Tuesday, May 12, 2026, at 9:30 a.m. Central Time. The parties must call 855-543-5038 to participate. ENTERED March 18, 2026. ____________________________________ JUDGE ALLEN PHILLIPS Court of Workers’ Compensation Claims APPENDIX Exhibits 1. Collective medical records submitted by Mr. Davis 2. Collective medical records submitted by Baptist 3. Copies of documents from Baptist’s employee health control system 4. Videos of Mr. Davis (stored on Court’s M-Drive file) CERTIFICATE OF SERVICE I certify that a copy of this Order was sent as indicated on March 18, 2026. Name Via Email Service sent to: Andrew Wener and Scott Kramer, X awener@wenerlawfirm.com Employee’s Attorneys skramer@wenerlawfirm.com Matthew Kirby and Jacob Swatley, X mkirby@harrisshelton.com Employer’s Attorneys jswatley@harrisshelton.com Timothy Kellum, X timothy.kellum@tn.gov Subsequent Injury Fund Attorney ______________________________ 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.  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. 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 (check one or more applicable boxes and include the date file- stamped on the first page of the order(s) being appealed): □ 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11277726. Public record. Not legal advice.