Opinion

Parker, Janice v. Regional Health

  • 2016 TN WC 133
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jun 1, 2016
Status
Published
On the bench
Allen Phillips
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

FILED

JUNE 1,2016

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TENNESSEE BUREAU OF WORKERS' COMPENSATION

COURT OF WORKERS' COMPENSATION CLAIMS

AT MEMPHIS

JANICE PARKER, ) Docket No.: 2016-08-0124

Employee, )

v. ) State File Number: 1900-2016

REGIONAL ONE HEALTH, )

Employer, ) Judge Allen Phillips

And, )

)

KEY RISK, )

t - - - - - - - - - - -lnsurance-tarrier':.-- - - )

EXPEDITED HEARING ORDER FOR MEDICAL AND TEMPORARY

DISABILITY BENEFITS

This matter came before the undersigned Workers' Compensation Judge on May

16, 2016, upon the Request for Expedited Hearing filed by Janice Parker pursuant to

Tennessee Code Annotated section 50-6-239 (2015). Ms. Parker seeks medical and

temporary disability benefits for an alleged mental injury. Regional One contends she has

failed to establish a legally compensable claim. Accordingly, the central legal issues are

whether Ms. Parker has established a compensable mental injury and, if so, whether her

injury arose primarily out of her employment at Regional One. If the answer to these

questions is in the affirmative, the question turns to the extent of her entitlement to

medical and/or temporary disability benefits. For the reasons set forth below, the Court

finds Ms. Parker has come forward with sufficient evidence, at this time, to show her

injury arose primarily out of her employment and, that she is entitled to the requested

benefits.'

1

The Court has attached a complete listing of the technical record and exhibits admitted at the Expedited Hearing to

this Order as an appendix.

1

History of Claim

Ms. Parker is a fifty-eight-year-old resident of Shelby County, Tennessee who had

worked as an orthopedic technician for Regional One, a hospital in Memphis, since 2007.

(Ex. 2.) Her job required assisting the medical and nursing staff with various activities in

the orthopedics service such as applying and removing casts, splints and traction devices.

(Ex. 1.)

On January 4, 2016, Ms. Parker was to assemble the supplies needed to splint a

patient. The patient, an inmate from the Shelby County Jail, was in a small casting room

where Ms. Parker was to gather the supplies. She recognized him as the same inmate

who, several months prior, had performed a lewd act in her presence while he was

undergoing treatment.

On January 4, upon entering the casting room, the inmate had looked at Ms.

Parker and "rolled his eyes at her." (Ex. 2.) Feeling uncomfortable, Ms. Parker informed

the attending physician of the inmate's prior behavior. The physician told Ms. Parker to

assemble the necessary supplies and then leave the room.

Before Ms. Parker could assemble the supplies, the inmate became "agitated" and

began screaming obscenities at the officer accompanying him. In a written statement

given to Regional One on January 4, Ms. Parker stated the inmate "began launching out

of the chair" toward the officer. (Ex. 5 at 5.) In Ms. Parker's affidavit, she noted "[the

officer] pulled her weapon from its holster and aimed it at the patient." (Ex. 2 at 2.) The

inmate was screaming, "shoot, shoot" and words to the effect of "I don't care about you

or no one else ... I have three counts of murder." (Ex. 2 at 2; Ex. 5 at 6.) An attending

physician provided a statement to Regional One on January 4, confirming the obscenity-

screaming inmate lunging at the officer who pulled her gun. The physician stated the

inmate yelled, "shoot me m----f----, I got two murder charges against me." (Ex. 5 at 8.)

The physician noted another officer then "re-handcuffed" the inmate. !d. A co-worker,

Marvelle Tyson, added that when the inmate "jump[ ed]" at the first officer, "the other

officer moved out of the way." (Ex. 5 at 7.)

In her affidavit, Ms. Parker described being "positioned in front of the gun." (Ex.

2.) At the hearing, the exact positioning of the persons in the room was unclear, including

questioning as to whether she was "in the line of fire." Further, Regional One questioned

Ms. Parker's confusion as to whether Mr. Tyson was present in the room. Regardless,

Ms. Parker described a situation that made exiting the room difficult, if not impossible,

because of the locations of the officer and inmate in relation to the door. She "felt

trapped" and feared being shot.

After the inmate was subdued, someone (she cannot recall who) helped her from

the room. She then remembers being at the hospital for approximately forty-five minutes

2

to an hour after the event. During that time, she provided a written statement to a

Regional One employee charged with the investigation. In that statement, Ms. Parker

described the inmate's prior lewd behavior and how she asked the physician for

permission not to work with this particular patient on January 4. She then described the

inmate "launching" from his chair and the officer pulling her gun. There is no specific

mention of she, Ms. Parker, being in front of the gun, or, for that matter, the specific

location of any person in the room.

During the melee, a voice on Regional One's public address system called "code

white," an announcement indicating work-place violence. Ms. Parker could not recall

Regional One announcing another "code white" at any time before January 4, 2016, and

she had no training regarding how to respond to such a warning. Likewise, no one trained

her how to respond to an incident where someone pulled a gun. During her years of

employment at Regional One, she had never been involved in an incident involving a gun

or an altercation with an inmate. She had never felt threatened. At the hearing, she

testified without hesitation that she had not expected an event involving a gun or one

involving an inmate accosting another person. She further testified that she did not expect

any of the events of January 4, 2016, specifically being "trapped in a room" where a gun

would be pulled on an inmate.

After gathering her belongings, a co-worker "walked" Ms. Parker to her car. She

then began driving home but became nauseated and had to stop the car to vomit. Upon

arriving at her home, she laid across her bed and began to cry. During her testimony, she

described her feeling that day as if "the whole world had flipped over" and the event was

"unreal." The Court noted Ms. Parker becoming noticeably upset and tearful when

recounting the event.

The next day, January 5, 2016, Ms. Parker called Regional One to advise she was

unable to report to work. 2 She then went, on her own, to Dr. Marcus Reeves at Apex

Primary Health Care, her primary care provider. She reported to Dr. Reeves a "very

traumatic event which occurred at her job yesterday involving a patient who was an

inmate." (Ex. 4 at 1.) Specifically, Dr. Reeves recorded that, "[s]he became very nervous

and anxious, with palpitations, HA' s, and difficulty concentrating. She is still

experiencing these symptoms today." !d. Dr. Reeves opined Ms. Parker suffered from an

"anxiety disorder, unspecified" and noted: "She's been doing [sic] with anxiety issues for

quite some time and this last event may have pushed her 'over the edge'. At this point, I

believe the patient needs specialty psychiatric assistance. We will attempt to assist the

2

Though no medical records are in evidence to document the visit, Ms. Parker testified she saw an Employee

Assistance Provider at Regional One. The date of such visit is unknown. She also testified that Regional One

provided her a panel of physicians from which she chose Concentra. According to her testimony, the provider at

Concentra advised Ms. Parker that, "they could not help her." As discussed hereafter, Regional One denied her

claim at some point after the Concentra visit. The Court notes Ms. Parker's history of seeing EAP and Concentra but

finds these visits have no bearing on the result herein.

3

patient with arranging psychiatric assistance." !d. at 2. At this visit, as with the visits

which followed, Ms. Parker paid a thirty dollar co-payment.

Ms. Parker returned on January 25, 2016, and Dr. Reeves noted no improvement

with "the symptoms of agitation, nervousness, and decreased concentration." !d. at 4. Dr.

Reeves diagnosed a "panic disorder [episodic paroxysmal anxiety] without agoraphobia."

!d. at 7. Dr. Reeves stated that he "can only strongly recommend that she see a

psychiatrist." He made a psychiatric referral to Dr. Robert Buchalter. !d.

On March 3, 2016, Ms. Parker returned and reported having seen "a psychiatrist"

who diagnosed PTSD. Dr. Reeves added PTSD to his assessment of Ms. Parker and

"encouraged [her] to make sure that she keeps her appointments for the therapy." !d. at 9.

Ms. Parker did not see a psychiatrist as she reported but instead saw Diana Baker,

a nurse practitioner affiliated with Dr. Buchalter. The only records of Ms. Baker in

evidence are from a visit of March 14, 2016. Ms. Parker related that she had witnessed an

inmate "masturbating as she attempted to splint [his] hand." (Ex. 4 at 15.) She then

related that a "security guard threatened [the] inmate [with a] gun." She told Ms. Baker

she "feared for her life" and that ''I cannot get past it." She claimed that "EAP at

Regional One" told her she had "job stress." !d. After evaluating Ms. Parker, Ms. Baker

recorded, on a handwritten note, that: "Pt seen in this office for management of PTSD &

anxiety & depression." (Ex. 4 at 11.) Ms. Baker further noted, "Pt being medicated" and

that Ms. Parker was to return in "one month." !d.

Due to insurance coverage issues, Ms. Parker was compelled to find another

provider. On May 2, 2016, she saw Dr. Matthew Smith at Germantown Psychological

Associates upon referral from Ms. Baker. Dr. Smith opined that, "hers seems to be a

well-defined case of PTSD stemming from an incident at work that she perceived as life-

threatening." (Ex. 4 at 14.)

Ms. Parker testified she continues to experience symptoms of anxiety and stress

because of the incident. She cannot focus and she has "become increasingly nervous and

depressed." (Ex. 2 at 3.) She is uncharacteristically disorganized. As of the date of the

hearing, she remains on medication and feels unable to return to work.

Regional One did not dispute the occurrence of the event. However, it contended

the event was not "unexpected." Inmates and guards are routinely present at the hospital.

The guards carry guns. Further, in this instance, Ms. Parker was aware of the history of

the particular inmate and his actions on January 4, 2016, were something that she should

have anticipated. Because Ms. Parker should not have perceived the event as unexpected,

Regional One contends Ms. Parker's alleged injury is not compensable.

In support of its position, Regional One offered the testimony of Ms. Sharon

4

Story, an occupational nurse at Regional One who is responsible for handling workers'

compensation claims. In this case, she was custodian of the employee statements taken on

January 4, 2016, that were introduced into evidence. She also testified she first spoke

with Ms. Parker on January 8, 2016, when Ms. Parker advised she was off work because

of the accident per her doctor's orders. Ms. Story provided a panel of physicians from

which Ms. Parker chose Concentra. Thereafter, Regional One's carrier denied Ms.

Parker's claim.

Ms. Story was aware of armed guards at Regional One on a daily basis. She also

was aware of incidents involving confrontations at the hospital between patients, and

other parties such as family members, during her time at the hospital. Though she is

aware of workplace violence training, she is unaware specifically if and when Ms. Parker

received such training. She responded to extensive questioning on direct and cross-

examination regarding Ms. Parker's statements regarding whether she was in the "line of

fire" of the officer's weapon. She also related having been personally involved m a

robbery situation but conceded she was not near the actual perpetrators.

In Ms. Parker's PBD, she requested medical benefits. 3 At the hearing, Ms. Parker

requested medical evaluation and treatment of her mental injury, payment of outstanding

medical bills, and temporary disability benefits from January 4, 2016, and ongoing. The

DCN listed as "Defenses": "Legal causation, compensability, there is no requirement in

the law to provide a panel for an event that does not rise to the level of a compensable

workers' compensation claim."

Findings of Fact and Conclusions of Law

Standard applied

At an Expedited Hearing, Ms. Parker need not prove every element of her claim

by a preponderance of the evidence in order to obtain relief. McCord v. Advantage

Human Resourcing, No. 2014-06-0063, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-

8, 9 (Tenn. Workers' Comp. App. Bd. Mar. 27, 2015). Instead, she must come forward

with sufficient evidence from which this Court might determine she is likely to prevail at

a hearing on the merits. !d.; Tenn. Code Ann. § 50-6-239(d)(l) (2015). In analyzing

whether she has met her burden, the Court will not remedially or liberally construe the

law in her favor, but instead shall construe the law fairly, impartially, and in accordance

with basic principles of statutory construction favoring neither Ms. Parker nor Regional

One. See Tenn. Code Ann.§ 50-6-116 (2015).

3

The PBD on file is a poor copy, which causes difficulty in determining whether Ms. Parker checked "lost wage

benefits." Ms. Parker announced at the hearing that she sought temporary benefits, and the case proceeded

accordingly.

5

Compensability

Ms. Parker claims a mental injury. At the outset, this Court notes what our

Supreme Court has called a difficulty in pinpointing the exact cause of many mentaJ

injuries. ' Cutler-Hammer v. Crabtree, 54 S.W.3d 748, 754 (Tenn. 2001). 4 "Tenn s ee

courts have long struggled to define precisely when a mental injury will be deemed an

injury by accident arising out of the employment. In so doing, they have endeavored to

strike a balance between compensating employees for their injuries and ensuring that

employers are not obligated to bear the costs of spurious claims or claims whose true

origins lie outside the workplace." !d.

In many respects, Ms. Parker's case epitomizes this difficulty. She earnestly

claims the event of January 4, 2016, caused her to feel as if her world was "flipped over."

Regional One counters it should not be held responsible for her mental issues allegedly

resulting from an event neither unexpected nor beyond the pale of reasonable occurrences

in its workplace. After careful review of the evidence, the Court finds Ms. Parker's

position more in line with Tennessee law and that she has come forward with sufficient

evidence for the Court to determine she is likely to prevail at a hearing on the merits

when considering the applicable definition of injury.

Tennessee law allows compensation for mental injuries if they are caused by either

1) a compensable physical injury, or 2) a sudden or unusual mental stimulus, such as

fright, shock, or even excessive, unexpected anxiety. Cutler, 54 S.W.3d at 754, citing

Jose v. Equifax, 556 S.W.2d 82, 84 (Tenn. 1977). Ms. Parker did not sustain a physical

injury; hence, the Court looks to whether the event of January 4, 20 16, meets the second

set of criteria. The Court finds Ms. Parker experienced the requisite mental stimuli to

establish compensability. Ms. Parker testified the inmate suddenly sprang from his chair

and lunged at the officer. The officer drew her gun while the inmate screamed obscenities

and moved in a threatening motion. These basic facts are uncontroverted, supported not

only by Ms. Parker, but also by other Regional One employees. The Court finds Ms.

Parker was startled, frightened and shocked by the inmate's actions. Her tearful

recounting of the event was both credible and convincing. The Court believes her anxiety

and stress prompted by the event was real both on the date of the occurrence and now.

In Gatlin v. Knoxville, 822 S.W.2d 587, 592 (Tenn. 1991), our Supreme Court

deemed the employee's mental injury non-compensable because he could not point to

4

The Tennessee Workers' Compensation Appeals Board allows reliance on precedent from the Tennessee Supreme

Court "unless it is evident that the Supreme Court's decision or rationale relied on a remedial interpretation of pre-

July I, 20 14 statutes, that it relied on specific statutory language no longer contained in the Workers' Compensation

Law, and/or that it relied on an analysis that has since been addressed by the general assembly through statutory

amendments." McCord v. Advantage Human Resourcing, No. 2014-06-0063, 2015 TN Wrk. Comp. App. Bd.

LEX!S 6, *13 n.4 (Tenn. Workers' Comp. App. Bd. Mar. 27, 2015).

6

"any acute and unexpected mental stimulus." !d. at 589. That employee argued exposure

to "special stress" simply from the fact that the work of an undercover police officer

exposed him to a level of stress different from that experienced by officers in less

dangerous work. !d. The Supreme Court found under the facts in Gatlin the lack of "an

identifiable stressful event" prevented recovery.

Here, this Court finds the stress of January 4, 2016, was not what Ms. Parker

would ordinarily experience in an orthopedic technician's job duties. Contrary to

Regional One's assertions, the event of January 4, 2016, was not an expected occurrence

in the context of an orthopedic technician's job description. Even though the hospital had

long-treated inmates, an employee in the position of Ms. Parker would not reasonably

expect, as part of her normal work activities, to face confinement in a small room with a

dangerous inmate and an officer forced to draw her gun. The inmate's previous lewd

behavior does not create an expectation on her part of possible violence. She bolsters the

unexpectedness of the event by testifying that she neither experienced nor knew of prior

violent events at her workstation.

Ms. Parker argues Craven v. Corrections Corp. of America, No. W2005-01537-

SC-WCM-CV, 2006 Tenn. LEXIS 972 (Tenn. Workers' Comp. Panel Oct. 26, 2006),

supports her position. The Court agrees. There, the employee witnessed a violent attack

on a close co-worker. The Panel found that injury compensable because it was a sudden

and unexpected mental stimulus that produced unusual and extraordinary anxiety. !d. at

*19. Those facts comport with the facts in the instant case, even though the event in

Craven might have been more severe. It is not a question of degree, but rather a question

of whether the event produces sudden, unexpected, and unusual stress, shock, or fright.

Regional One concedes that "acute, sudden, and unexpected emotional stress" producing

a mental injury is compensable, but it disputes Ms. Parker encountered such stress.

Again, the Court disagrees and finds the evidence, taken in its totality, supports a finding

that the event of January 4, 2016, was of the sudden and unexpected variety compensable

under Tennessee law.

Regional One also argued against compensability because Ms. Parker was not

specifically "in the line of fire" of the officer's gun. The Court is not impressed with this

argument. Being in a small room with an unrestrained inmate charged with murder whose

threatening conduct requires an officer to draw her weapon is sufficiently stressful

without Ms. Parker actually being in front of the weapon. While having a gun pointed

directly at her may have increased the degree of stress, it is not a required element for a

compensable event. This argument is akin to finding the event in Craven was more

severe and therefore compensable while the instant facts do not support compensability.

Again, the severity of the stimuli alone is not controlling; instead, the standard is whether

the stimulus is sudden and unusual and produces uncharacteristic fright, shock, or

anxiety.

7

At this stage of the case, Ms. Parker is not required to establish through expert

medical proof that her injury arose primarily out of the employment. She is, as stated

previously, required to come forward with sufficient evidence from which the Court

might find she is likely to prevail at a hearing on the merits. The Court so finds.

Medical benefits

Having found sufficient proof of compensability at this stage of the case, the Court

turns to medical causation. Ms. Parker must show, "to a reasonable degree of medical

certainty that [her alleged work injury] contributed more than fifty percent (50%) in

causing the ... disablement or need for medical treatment, considering all causes." Tenn.

Code Ann. § 50-6-102(14)(C) (2015). "Shown to a reasonable degree of medical

certainty" means that, in the opinion of the treating physician, it is more likely than not

considering all causes as opposed to speculation or possibility. Tenn. Code Ann. § 50-6-

102(14)(D) (2015). As with compensability, Ms. Parker need not prove these elements of

medical causation by a preponderance of the evidence. Instead, she must "present

evidence sufficient for [this Court] to conclude [she] would likely prevail at a hearing on

the merits." McCord, at *5.

In McCord, our Appeals Board explained the logic of relaxing the preponderance

of evidence standard at Expedited Hearings. Namely, requiring Ms. Parker to prove the

"arising primarily out of' requirements by a preponderance of the evidence at this

Expedited Hearing, "would require [her] to seek out, obtain, and pay for a medical

evaluation or treatment before [Regional One] would have any obligation to provide

medical benefits." McCord, at *5. "The delays inherent in such an approach, not to

mention the cost barrier ... would be inconsistent with a fair, expeditious, and efficient

workers' compensation system." !d. Conversely, our Appeals Board also recognized that

"mere notice of an alleged workplace accident, in and of itself, does not trigger an

employer's duty to provide medical benefits . . . without regard to the particular

circumstances presented." !d. at *7. Rather, the "statute and rules contemplate that an

employer has an initial period of time following receipt of notice of a work accident ...

within which it must investigate a claim and make a preliminary decision on

compensability." Each case "is different and should be evaluated on its own merits." !d.

at *6.

Applying these standards to the instant case, Regional One was within its rights to

deny medical benefits based upon its assertion that the injury is not compensable. This

denial required Ms. Parker to come forward with sufficient evidence for this Court to

determine she might prove a compensable injury at a full hearing. The Court determines

she has done so. On January 5, 2016, the day following the incident, Ms. Parker saw Dr.

Reeves, a medical doctor, who diagnosed anxiety and recommended she seek psychiatric

evaluation. Dr. Reeves specifically noted the event "may have pushed her 'over the

edge."' (Ex 4 at 2.) The Court finds these statements sufficient to establish Ms. Parker

8

would likely prevail at a hearing on the merits regarding medical causation.

The Court is mindful that Ms. Baker and Dr. Smith, the two psychologists who

treated her, are not medical doctors and, accordingly, cannot opine as to causation. See

Selby v. Highways, Inc., No. M2002-00340-WC-R3-CV, 2003 Tenn. LEXIS 413, at *12

(Tenn. Workers' Comp. Panel May 15, 2003) (a court cannot base a finding of causation

solely upon the opinion of a psychologist). However, as noted, Dr. Reeves is a medical

doctor and sufficiently opined, under the relaxed burden at this Expedited Hearing, that a

causal relation existed between the event of January 4, 2016, and Ms. Parker's condition.

See Ex. 4 at 2. Likewise, Ms. Baker did diagnose PTSD in her initial evaluation of

February 29, 2016, (Ex. 4 at 2), and Dr. Smith stated she had "a well-defined case of

PTSD." (Ex. 4 at 14.) These evaluations note findings consistent with Ms. Parker's

affidavit and hearing testimony and are entirely consistent with Dr. Reeves'

recommendation that Ms. Parker receive psychiatric evaluation.

Likewise, the Court is mindful that the evidence indicates Ms. Parker suffered

from anxiety prior to January 4, 2016. See Ex. 4 at 2. However, this prior history does not

insulate Regional One from responsibility for Ms. Parker's mental injury. An employer

takes an employee with all preexisting conditions and cannot escape liability when the

employee, upon suffering a work-related injury, incurs a disability far greater than if she

had not had a preexisting condition. Kellerman v. Food Lion, Inc., 929 S.W.2d 333, 335

(Tenn. 1996). This principle holds true in mental injury cases. In Craven, the evidence

indicated the employee had "experienced a number of stressful life experiences." Craven,

at *20. However, the attack on his co-worker served as the stimulus for his mental injury.

!d. The facts of this case are analogous.

Authority from our Appeals Board confirms the long-standing principle of

aggravation of pre-existing conditions. In Miller v. Lowe's Home Ctrs., Inc., No. 2015-

05-0158, 2015 TN Wrk. Comp App Bd. LEXIS 40 (Tenn. Workers' Comp. App. Bd.

Oct. 21, 20 15), the Board found that:

[T]o qualify for medical benefits at an interlocutory hearing, an injured

worker who alleges an aggravation of a preexisting condition must offer

evidence that the aggravation arose primarily out of and in the course and

scope of employment. See Tenn. Code Ann. § 50-6-102(13)(A) (2015).

Moreover, the employee must come forward with sufficient evidence from

which the trial court can determine that the employee would likely

establish, to a reasonable degree of medical certainty, that the work

accident contributed more than fifty percent in causing the aggravation,

considering all causes. See Tenn. Code Ann. § 50-6-102(13)(B)-(C).

Finally, an aggravation or exacerbation need not be permanent for an

injured worker to qualify for medical treatment reasonably necessitated by

the aggravation.

9

Miller, at * 18.

Here, Dr. Reeves specifically noted the event in question "may have pushed her

'over the edge."' (Ex. 4 at 2.) Ms. Parker now needs "psychiatric assistance" when there

is no evidence that she needed that assistance before January 4, 2016. Accordingly, the

Court finds Ms. Parker has shown a likelihood of prevailing on the merits regarding her

claim for medical benefits. Regional One shall provide a panel of physicians to evaluate

and treat her mental injury and shall be responsible for medical expenses to date. Based

upon the evidence, those expenses are three thirty dollar co-payments made by Ms.

Parker.

Temporary disability benefits

Under Tennessee law, to establish entitlement to temporary total benefits, Ms.

Parker must show she "was (1) totally disabled to work by a compensable injury; (2) that

there was a causal connection between the injury and her inability to work; and (3) the

duration of that period of disability." Jones v. Crencor Leasing and Sales, No. 2015-06-

0332, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Tenn. Workers' Comp. App. Bd.

Dec. 11, 2015). TTD benefits terminate when Ms. Parker demonstrates the ability to

return to work or attains maximum medical improvement. !d.

In this case, the only medical expert evidence of Ms. Parker being taken off work

due to her mental injury appears in the records of Dr. Reeves. Again, he is the only

medical doctor whose opinions are in evidence and the only provider upon whose opinion

Ms. Parker might rely for proof of her inability to work. See Selby, supra. When looking

to his opinions, Dr. Reeves first opined Ms. Parker was unable to work from January 5,

2016, until January 11, 2016. (Ex. 4 at 17.) On January 11, 2016, he again took her off

work until "after her specialist evaluation." (Ex. 4 at 18.) On January 25, 2016, he opined

she was "unable to return to work until further evaluation has been completed." (Ex. 4 at

19.) Because Ms. Parker is yet to complete her evaluation, the Court finds these

statements of Dr. Reeves show a total disability to work because of a compensable injury

and the duration of that period of disability. Having already found adequate proof of a

causal relationship between the January 4, 2016 event and the injury, the Court finds Ms.

Parker has shown a likelihood of prevailing at a hearing on the merits regarding the

claimed temporary total disability benefits from January 4, 2016, forward.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Parker shall receive medical benefits from Regional One for evaluation and

treatment of her alleged psychological injury of January 4, 2016. Regional One

shall provide a panel of psychiatrists to evaluate Ms. Parker and determine

reasonable and necessary medical treatment for her alleged mental injury of

10

January 4, 2016.

2. Ms. Parker is entitled to temporary total disability benefits for the period of

January 4, 2016, to May 16, 2016, a period of nineteen weeks, and ongoing until a

physician releases her to return to work or places her at MMI. At this time, the

parties have not agreed to the proper weekly compensation rate. If they are unable

to agree, they may submit the issue to the Court for determination.

3. This matter is set for an Initial (Status) Hearing on July 20, 2016, at 10:00 a.m.

Central time.

ENTERED this the 1st day of u

Initial (Status) Hearing:

An Initial (Status) Hearing has been set with Judge Allen Phillips, Court of

Workers' Compensation Claims. You must call 731-422-5263 or toll-free at 855-543-

5038 to participate in the Initial Hearing.

Please Note: You must call in on the scheduled date/time to

participate. Failure to call in may result in a determination of the issues without

your further participation.

Right to Appeal:

Tennessee Law allows any party who disagrees with this Expedited Hearing Order

to appeal the decision to the Workers' Compensation Appeals Board. To file a Notice of

Appeal, you must:

1. Complete the enclosed form entitled: "Expedited Hearing Notice of Appeal."

2. File the completed form with the Court Clerk within seven business days of the

date the Workers' Compensation Judge entered the Expedited Hearing Order.

3. Serve a copy of the Expedited Hearing Notice of Appeal upon the opposing party.

11

4. The appealing party is responsible for payment of a filing fee in the amount of

$75.00. Within ten calendar days after the filing of a notice of appeal, payment

must be received by check, money order, or credit card payment. Payments can be

made in person at any Bureau office or by United States mail, hand-delivery, or

other delivery service. In the alternative, the appealing party may file an Affidavit

of Indigency, on a form prescribed by the Bureau, seeking a waiver of the filing

fee. The Affidavit of Indigency may be filed contemporaneously with the Notice

of Appeal or must be filed within ten calendar days thereafter. The Appeals Board

will consider the Affidavit of Indigency and issue an Order granting or denying

the request for a waiver of the filing fee as soon thereafter as is

practicable. Failure to timely pay the filing fee or file the Affidavit of

Indigency in accordance with this section shall result in dismissal of the

appeal.

5. The parties, having the responsibility of ensuring a complete record on appeal,

may request, from the Court Clerk, the audio recording of the hearing for the

purpose of having a transcript prepared by a licensed court reporter and filing it

with the Court Clerk within ten calendar days of the filing of the Expedited

Hearing Notice of Appeal. Alternatively, the parties may file a joint statement of

the evidence within ten calendar days of the filing of the Expedited Hearing

Notice of Appeal. The statement of the evidence must convey a complete and

accurate account of what transpired in the Court of Workers' Compensation

Claims and must be approved by the workers' compensation judge before the

record is submitted to the Clerk of the Appeals Board.

6. If the appellant elects to file a position statement in support of the interlocutory

appeal, the appellant shall file such position statement with the Court Clerk within

five business days of the expiration of the time to file a transcript or statement of

the evidence, specifYing the issues presented for review and including any

argument in support thereof. A party opposing the appeal shall file a response, if

any, with the Court Clerk within five business days of the filing of the appellant's

position statement. All position statements pertaining to an appeal of an

interlocutory order should include: (1) a statement summarizing the facts of the

case from the evidence admitted during the expedited hearing; (2) a statement

summarizing the disposition of the case as a result of the expedited hearing; (3) a

statement of the issue( s) presented for review; and (4) an argument, citing

appropriate statutes, case law, or other authority.

12

APPENDIX

Exhibits:

1. Ms. Parker's Job Description;

2. Ms. Parker's Affidavit;

3. Ms. Parker's Statement given to Regional One;

4. Medical Records, billing and off-work statements of Diane Baker, FNP; Matthew

Smith, PhD. and Apex Primary Health (Dr. Reeves); and

5. Affidavit of Sharon Story (with attached witness statements).

Technical record:

1. Petition for Benefit Determination, filed on February 2, 2016;

2. Dispute Certification Notice, filed on March 8, 2016;

3. Request for Expedited Hearing, filed on April4, 2016; and

4. Regional One's Witness and Exhibit List. 5

5

The Court did not consider attachments to Technical Record filings unless admitted into evidence during the

Expedited Hearing. The Court considered factual statements in these filings or any attachments to them as

allegations unless established by the evidence.

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Expedited Hearing Order was

sent to the following recipients by the following methods of service on this the 1st day of

June, 2016.

Name Certified Via Via Service sent to:

Mail Fax Email

Linda K. Gamer, Esq.

Em_ployee's Counsel X Lgamer4@comcast.net

Michael W. Jones, Esq.

Employer's Counsel X mj ones@wimberlylawson.com

P~,~:::;

Court of orkers' Compensation Claims

WC.CourtCierk@tn.gov

14

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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