Opinion

Ephran, Linda v. Trane Commercial Systems

  • 2016 TN WC 125
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 20, 2016
Status
Published
On the bench
Robert V. Durham
Cited by
0 cases

The opinion

TENNESSEE BUREAU OF WORKERS' COMPENSATION

IN THE COURT OF WORKERS' COMPENSATION CLAIMS

AT COOKEVILLE BY INTERCHANGE

Linda Ephran, ) Docket No. 2015-06-0962

Employee, )

v. ) State File No. 64028-2015

)

Trane Commercial Systems )

Employer, )

And ) Judge Robert Durham

)

Travelers Indemnity Company, )

Insurance Carrier. )

EXPEDITED HEARING ORDER DENYING BENEFITS

(REVIEW OF THE FILE)

THIS CAUSE came before the undersigned Workers' Compensation Judge upon

the Request for Expedited Hearing (REH) filed by the employee, Linda Ephran, pursuant

to Tennessee Code Annotated section 50-6-239 (2015) to determine if the employer,

Trane Commercial Systems (Trane), is obligated to provide workers' compensation

benefits. Pursuant to Rule 0800-02-21-.02(13) (2015) of the Tennessee Compilation

Rules and Regulations, Ms. Ephran requested the Court issue a ruling based on a review

of the file without an evidentiary hearing. Trane voiced no objection. Considering the

positions of the parties, the applicable law, and all of the evidence submitted, the Court

concludes it needs no further information to render judgment.

The dispositive issue is whether Ms. Ephran's bilateral knee complaints arise

primarily out of and in the course and scope of her employment with Trane. The Court

finds the evidence submitted by Ms. Ephran is insufficient to establish she is likely to

prevail at a hearing on the merits regarding the compensability of her alleged injury, thus

requiring the Court to deny her request for benefits. 1

1

Additional information regarding the technical record and exhibits is attached to this Order as an Appendix.

1

History of Claim

Ms. Ephran is a fifty-year-old resident of Montgomery County, Tennessee who

has worked on a production line for Trane for twenty years. (T.R. 1.) In a statement

attached to the Petition for Benefit Determination (PBD), Ms. Ephran alleged her job

required her to lean over her workstation, causing her knees to hit the sharp wooden base

of her unit throughout the workday. (T.R. I at 4.) She stated the situation caused severe

soreness and shooting pain in her knees, and on April 6, 2015, she notified her

supervisor, Joe Bailey, of her condition. !d.

The following morning her right knee was swollen and painful. !d. Ms. Ephran

went to the company nurse who began a regimen of allowing her to ice her knee every

two hours. On April 8, Ms. Ephran completed an "Employee Occurrence Report." (Ex.

6.) Trane then took Ms. Ephran off the job she claimed injured her knees. (T.R. 1 at 4.)

A week passed, and Trane began working mandatory ten-hour days, which Ms. Ephran

alleged prevented her knees from healing. !d. In the record provided, Ms. Ephran

included statements from several co-workers who observed the swelling and pain in Ms.

Ephran's knees, and her frequent trips to the nursing station for ice treatments. She also

included pictures of her workstation. (Ex. 9, 10.) On August 3, after several weeks of

treating her knees with ice, heat, and compression, Ms. Ephran asked to see a doctor. !d.

Trane provided her with a panel of physicians, and she chose Dr. Stephen Kent, who was

located at the Trane facility. (Ex. 1.)

Dr. Kent examined Ms. Ephran on August 3. According to his record, Ms. Ephran

complained of bilateral knee pain with the left being greater than the right, and some

swelling in her left knee. (Ex. 2 at 1.) Dr. Kent diagnosed her with "bilateral knee pain,

suspect arthritis." He limited her work to "no overtime." !d. Ms. Ephran returned to

Dr. Kent on August 5, and Dr. Kent's diagnosis and restrictions remained the same. !d.

at 3. He ordered x-rays of Ms. Ephran's left knee, which he noted revealed moderate

arthritis. !d. at 4.

On August 13, Ms. Ephran gave a recorded statement to Schuyler Lampley,

adjuster for Trane's insurance carrier. (Ex. 3.) Ms. Ephran stated on April 4, the parts

she had to put together required her to lean against the wooden edge of the base at her

station, which "was cutting into [her] kneecap" all day long so that "she couldn't even

walk" the next day. (Ex. 3 at 5.) She further stated she received ice treatment from the

plant nurse and was taken off that station. Her knees began feeling better but her pain

returned when she began working ten-hour shifts. !d. at 5, 6. Her knee pain decreased

when Dr. Kent placed her back on eight-hour workdays, and, at the time of the statement,

she felt her knees were improving. !d. at 11. Ms. Ephran further stated she had never

experienced any problems with either knee prior to this episode. !d. at 9.

On August 19, Dr. Kent responded to a letter from Ms. Lampley regarding

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causation. (Ex. 2 at 7.) In the letter, he circled "no" when asked if, in his opinion to a

reasonable degree of medical certainty, "Ms. Ephran's diagnosis and the need for

treatment arises primarily out of and in the course and scope of her employment with

Trane." Based on this response, Trane filed a Notice of Denial on August 20, citing there

was "no medical evidence of work-related injury" as its reason. (Ex. 4.)

Following the denial, Ms. Ephran treated with her primary care physician, who

referred her to an orthopedist, Dr. Kurtis Kowalski. (Ex. 5 at 1.) Dr. Kowalski saw Ms.

Ephran on August 27 for bilateral knee pain, left worse than right, which had been

present for approximately six weeks. !d. On examination, Dr. Kowalski noted moderate

swelling in Ms. Ephran's left knee as well as tenderness along the joint line. The right

knee was also tender, but with mild swelling. !d. Dr. Kowalski diagnosed Ms. Ephran

with "mild arthritis aggravation versus possible meniscal tear on the medial aspect of the

left given the effusion." !d. As a result, he ordered an MRI of the left knee. !d.

The MRI, performed on September 1, revealed an "obliquely oriented longitudinal

tear within the posterior hom of the medial meniscus," as well as "moderate

chondromalacia within the medial joint compartment and involving the lateral patellar

facet." (Ex. 5 at 4.) Based on the MRI, Dr. Kowalski opined that most of Ms. Ephran's

symptoms "are coming from the medial meniscal tear" and recommended a "left knee

arthroscopy with medical meniscus debridement." !d. at 5. Ms. Ephran also included

various medical bills and payment summaries regarding medical expenses incurred

through Dr. Kowalski's care. (Ex. 6.)

Ms. Ephran sent Dr. Kowalski's records to Ms. Lampley, who forwarded them to

Dr. Kent for review. On September 13, 2015, Dr. Kent noted in his records:

MRis from TOA reviewed. Employee found to have meniscal tear left

knee with moderate sized popliteal cyst. These are expected findings with

osteoarthritic degenerative changes of knees, especially when associated

with obesity. Employee reported no injury to her knee and-it is this

physician's opinion-the meniscal tear is not work-related.

(Ex. 2 at 4.)

Ms. Ephran filed a Petition for Benefit Determination (PBD) on November 16,

2015, after Trane continued to deny her claim. (T.R. 1.) The parties were unable to

reach a mediated agreement, and the Mediator filed a DCN on December 11, 2015. (T.R.

2.) Ms. Ephran filed an REH seeking a decision on record review on April 14, 2016.

(T.R. 3.) On April 28, 2016, the Court sent a Docketing Notice to the parties regarding

the contents of the record before it. (T.R. 4.) Neither party raised any objection to the

documents contained in the record or offered any additional evidence.

3

Findings of Fact and Conclusions of Law

The Court must interpret Workers' Compensation Law fairly, impartially, and by

basic principles of statutory construction, favoring neither the employee nor

employer. Tenn. Code Ann. § 50-6-116 (2015). The employee in a workers'

compensation claim has the burden of proof on all essential elements of a claim. Scott v.

Integrity Staffing Solutions, No. 2015-01-0055, 2015 TN Wrk. Comp. App. Bd. LEXIS

24, at *6 (Tenn. Workers' Comp. App. Bd. Aug. 18, 2015).

An employee need not prove every element of his or her claim by a preponderance

of the evidence in order to obtain relief at an expedited hearing. 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). At an expedited hearing, an

employee has the burden to come forward with sufficient evidence from which the trial

court can determine that the employee is likely to prevail at a hearing on the merits. !d.,

see also Tenn. Code Ann. § 50-6-239(d)(l) (2015). This lesser evidentiary standard

"does not relieve an employee of the burden of producing evidence of an injury by

accident that arose primarily out of and in the course and scope of employment at an

expedited hearing, but allows some relief to be granted if that evidence does not rise to

the level of a 'preponderance of the evidence."' Buchanan v. Car/ex Glass Co., No.

2015-01-0012, 2015 TN Wrk. Comp. App. Bd. LEXIS 39, at *6 (Tenn. Workers' Comp.

App. Bd. Sept. 29, 2015).

In order to prevail, Ms. Ephran must establish she suffered an accidental injury

that was "caused by a specific incident, or set of incidents, arising primarily out of and in

the course and scope of employment, and is identifiable by time and place of

occurrence." Tenn. Code Ann. § 50-6-102(14)(A) (2015). She alleges that, on April 4,

2015, she suffered injuries to her knees, including a medial meniscal tear in her left knee,

by leaning her knees against the sharp edge of a board at her workstation in order to reach

the parts she was assembling. In support of this allegation, Ms. Ephran provided

undisputed evidence that:

• The exposed board did cut into her knees as she leaned into it to do her job;

• She had never experienced knee pain prior to April4;

• She has experienced pain and swelling ever since, particularly in her left

knee; and,

• She does in fact, have a tom medial meniscus in her left knee.

However, in order to establish she sustained a compensable injury, Ms. Ephran

must establish to a "reasonable degree of medical certainty" that in the "opinion of the

physician" her condition arose primarily out of and in the course and scope of her

employment. See Tenn. Code Ann. § 50-6-102(13) (2015). Thus, lay testimony must

generally be corroborated by expert medical testimony in order to meet the burden of

4

proof regarding causation. See Scott, supra, at * 12.

In this instance, the only medical proof offered regarding causation was that of Dr.

Kent, the authorized treating physician. The authorized physician's opinion regarding

causation is entitled to a presumption of correctness. Tenn. Code Ann. § 50-6-204(a)(3)

(2015). Dr. Kent specifically opined on two occasions that he did not believe Ms.

Ephran's bilateral knee condition, including the medial meniscal tear in her left knee, was

work-related. Dr. Kowalski, while diagnosing Ms. Ephran with a medial meniscus tear in

her left knee, did not provide any opinion as to whether her condition causally related to

Ms. Ephran's employment with Trane. Thus, there is no medical evidence sufficient to

rebut the presumption of correctness afforded Dr. Kent's opinion, and therefore, the

medical records provided by Ms. Ephran do not establish she is likely to prevail on the

issue of causation at a hearing on the merits. McCord, supra, at *7-8.

For the reasons stated above, the Court finds Ms. Ephran failed to provide

sufficient evidence from which the trial court can determine she is likely to prevail at a

hearing on the merits regarding causation. As a result, her request for workers'

compensation benefits is denied at this time.

IT IS, THEREFORE, ORDERED that:

1. Ms. Ephran's request for workers' compensation benefits is denied at this

time.

2. This matter is set for Initial Hearing on June 28, 2016, at 9:00a.m.

ENTERED THIS THE 2o'•o~~ L

Robert V. Durham, Judge

Court of Workers' Compensation Claims

Initial Hearing:

An Initial Hearing has been set with Judge Robert Durham, Court of

Workers' Compensation Claims. You must call 615-253-0010 or toll-free at 855-

689-9049 to participate in the Initial Hearing.

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

5

Failure to call in may result in a determination of the issues without your further

participation. All conferences are set using Central Time (CT).

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.

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 timeJy 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

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 ariy

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 ofthe 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.

7

APPENDIX

Exhibits:

1. Choice of Physician form

2. Medical records from Stephen Kent, M.D.

3. Ms. Ephran's recorded statement

4. Notice ofDenial

4. Medical records of Kurtis Kowalski, M.D.

5. Various medical expenses

6. Employee Occurrence Report

7. Witness statements and photographs

8. Letter from Schuyler Lampley to Ms. Ephran denying her clam

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Notice of Appearance

5. Show Cause Order

6. Order on Show Cause Hearing

7. Transfer Order

8. Docketing Notice

9. Trane' s position statement

10. Ms. Ephran's position statement

8

CERTIFICATE OF SERVICE

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

Denying Benefits ·was sent to the following recipients by the following methods of

service on this the 20th day of May, 2016.

Name Certified Via Via Service sent to:

Mail Fax Email

Linda Ephran X X 129 Hadley Drive, Apt. B,

Clarksville, TN 37042

Iindaeohran!a2botmail.com

Ritchie Pigue X Rpigue@tpmblaw.com

Penny Shrum, Clerk of Court

Court of Workers' Compensation Claims

WC.Cou rtCierk@tn.gov

9

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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