Opinion

Wiliams, David v. Nissan North America, Inc.

  • 2016 TN WC 162
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jul 15, 2016
Status
Published
On the bench
Dale Tipps
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

DAVID WILLIAMS ) Docket No.: 2015-05-0235

Employee, )

v. ) State File Number: 75284-2014

NISSAN NORTH AMERICA, INC. )

Employer, ) Judge Dale Tipps

And )

SAFETY NAT. CAS. CORP. )

Insurance Carrier. )

COMPENSATION HEARING ORDER

This matter came before the undersigned Workers’ Compensation Judge on July 6,

2016, for a Compensation Hearing pursuant to Tennessee Code Annotated section 50-6-

239 (2015). The central legal issues are: (1) whether the conditions for which the

employee, David Williams, seeks benefits arose primarily out of and in the course and

scope of his employment with the employer, Nissan North America, Inc,; (2) whether Mr.

Williams is entitled to temporary disability benefits, and if so, in what amount; (3)

whether Mr. Williams is entitled to permanent disability benefits; (4) whether Mr.

Williams is entitled to past or future medical benefits; and (5) whether Mr. Williams’ left

elbow injury claim is barred for failure to provide adequate statutory notice.1 For the

reasons set forth below, this Court finds that Mr. Williams established by a

preponderance of the evidence that he provided adequate notice and that he sustained a

left elbow injury primarily arising out of and in the course and scope of his employment

with Nissan. Accordingly, the Court finds that Mr. Williams is entitled to medical

benefits, temporary total disability benefits, and permanent partial disability benefits.

History of Claim

Mr. Williams is a forty-nine-year-old resident of Rutherford County, Tennessee.

1

A complete listing of the technical record and exhibits admitted at the Compensation Hearing is attached to this

Order as an appendix.

1

He testified he has worked for Nissan for approximately fifteen years. For approximately

eight years prior to his work injury, he worked in the paint prep booth.

Mr. Williams described his work in considerable detail. The paint prep booth had

six different job stations, and each employee in the booth would perform a four-job

rotation every workday. The work involved inspection and preparation of automobile

bodies for painting. Although the specific duties varied with each station, Mr. Williams

was required to check for defects in the metal by sight and by feel. When defects were

located, Mr. Williams would rub them out manually with a sanding screen or sand them

off with one of several power sanders. The line typically ran 400 to 440 vehicles per

shift, so Mr. Williams performed this procedure approximately every forty to forty-five

seconds.

On June 13, 2014, Mr. Williams was involved in a work accident that resulted in

injuries to his shoulder. Nissan accepted the claim as compensable and provided medical

treatment with Dr. Jeffrey Hazlewood, the authorized treating physician (ATP). The

Bureau approved a settlement in that claim on January 13, 2016. (Ex. 10.) Following his

return to work after the shoulder injury, Mr. Williams began developing tingling and

numbness from his left elbow to his ring finger and small finger. He reported the

problem to the nurse practitioner in the onsite medical clinic, who examined him and

performed some type of motion tests. Mr. Williams contended he did not feel he had

access to any further authorized treatment for his left elbow after that visit.

Mr. Williams subsequently developed similar symptoms in his right elbow, as well

as locking and pain in his right shoulder. He reported these problems to his supervisor on

September 18, 2014. Nissan provided a panel of physicians, from which he selected Dr.

Hazlewood. (Ex. 7.)

Dr. Hazlewood, who was still treating Mr. Williams’ left shoulder condition, saw

him on October 1, 2014, for complaints of right elbow and shoulder pain. Mr. Williams

reported a gradual onset of pain that he attributed to repetitive pushing, pulling, and

lifting on the job. He denied any other events or contributing activities. Dr. Hazlewood

examined Mr. Williams and performed some physical tests. He noted full rotation of the

shoulder with pain, some crepitus, and a positive Neer’s impingement sign. He found

full range of motion in the elbow with no swelling. (Ex. 2 to Dr. Hazelwood’s

deposition.)

Dr. Hazlewood’s impression was:

Generalized right shoulder girdle pain and right lateral elbow pain. I don’t

really get a lateral epicondylitis on exam, but just some tenderness around

the elbow itself without swelling. I don’t find any evidence of ligament or

tendon rupture. The shoulder seems to be more of a generalized rotator

2

cuff tendinitis type syndrome and possibly impingement. I do not find any

suggestion of rotator cuff tear.

Id. When asked to address causation, Dr. Hazlewood further stated:

I just don’t see how this is a “true work related event,” and certainly there is

no structural anatomical injury from “a harmful event at work,” in my

opinion. . . . I can’t call it a repetitive overuse type phenomenon given the

fact he has been working the same job he has worked for quite awhile, and

he never had any problems before. One can call this a compensation effect,

but per the research literature a compensation effect does not cause a work

compensable injury/structural injury. Also, I don’t think there is a

structural injury here as much as just either idiopathic shoulder pain and

elbow pain vs. soreness in the muscles from using his arm more on the

right. . . . I cannot state this is a work related injury, especially with the new

laws that have come out July 1st.

Id.

Dr. Hazlewood reiterated his right-arm causation opinion and analysis in his

deposition testimony, and confirmed he never examined, treated, or discussed Mr.

Williams’ left elbow with him. (Ex. 2 at 10-13.) On cross-examination he characterized

Mr. Williams’ condition as idiopathic because he could not identify any cause of the

shoulder and elbow complaints. Id. at 24-29. He also confirmed he did no diagnostic

studies of the elbow or shoulder, and acknowledged those could be useful in determining

the presence of a structural injury. Id. at 31-32.

Based on Dr. Hazlewood’s opinion, Nissan denied Mr. Williams’ claim on

October 10, 2014, on the grounds that his condition was not primarily work related. (Ex.

9.) Mr. Williams sought medical treatment on his own with Dr. Roderick Vaughan,

whom he saw for the first time on October 20, 2014. Dr. Vaughan examined Mr.

Williams and ordered MRIs of the right elbow and shoulder, as well as a nerve

conduction study. After reviewing the films and test results, Dr. Vaughan diagnosed

right rotator cuff syndrome, right lateral epicondylitis/tendinopathy, and right cubital

tunnel syndrome. (Ex. 3 at 28.) He performed surgical epicondylar debridement,

extensor tendon repair, and ulnar nerve decompression transposition on December 11,

2014. Id. at 37.

On December 29, 2014, Mr. Williams complained to Dr. Vaughan of left shoulder

and elbow pain and numbness in his left ring finger and small finger. He reported these

symptoms began approximately one month prior to his right arm and shoulder problem.

After an EMG and MRI, Dr. Vaughan assessed left ulnar neuropathy. Id. at 41, 60. He

performed a left ulnar decompression and transposition on March 3, 2015. Id. at 95.

3

In his deposition, Dr. Vaughan was asked whether Mr. Williams’ right cubital

tunnel injury primarily arose as a result of his repetitive work injuries. He responded:

Mr. Williams had relayed to me that he performed repetitive gripping at

work and used pneumatic tools, which could cause vibration. He also

indicated that he worked in an outstretched manner and that his hands were

used relatively close to the torso with the elbow in flexion. Mr. Williams

had no other significant contributing factors such as a history of blunt

trauma to the ulnar nerve or history of diabetes, which can contribute to

neuropathy. In turn, I estimated that it was probable that his cubital tunnel

syndrome on both the right and left upper extremities were related to his

repetitive work activities.

(Ex. 1 at 17-18.)

When asked whether Mr. Williams’ right shoulder injury arose primarily out of his

work activities, Dr. Vaughan testified:

His MRI demonstrated mild biceps tendinitis and there was a questionable

tear of the superior labrum, mild tendinosis of the cuff was also noted. No

cuff tear was seen. I thought that it was probable that his findings were

degenerative and the repetitive work activity could exacerbate that

underlying condition but was not the majority causation of it. . . . I’m of the

opinion that it would be more than 50 percent probable that [the work

activities] would exacerbate the underlying condition.

Id. at 18-19. Dr. Vaughan also opined it was more probable than not that the right cubital

tunnel surgery was reasonable and medically necessary to treat Mr. William’s work-

related condition. Id.

Regarding Mr. Williams’ left arm, Dr. Vaughan testified that the cubital tunnel

conditions primarily arose out of his repetitive work activities. Id. He went on to assign

whole body impairments of two percent for the left elbow and five percent for the right

elbow. He assigned no impairment to the right shoulder. Id. at 20-21.

Following Mr. Williams’ recovery from surgery, he returned to work at Nissan,

where he now works in a different department.

Mr. Williams filed a Petition for Benefit Determination (PBD) on August 4, 2015,

seeking temporary and permanent disability and medical benefits. The parties did not

resolve the disputed issues through mediation, and the Mediating Specialist filed a post-

discovery Dispute Certification Notice (DCN) on June 15, 2016.

4

At the Compensation Hearing, Mr. Williams asserted he is entitled to medical

treatment, temporary disability benefits, and permanent disability benefits for injuries to

his right shoulder, right elbow, and left elbow arising primarily out of and in the course

and scope of his employment. He contended he has rebutted the statutory presumption of

correctness attached to the right shoulder/elbow causation opinions of Dr. Hazlewood.

Specifically, he argued that Dr. Hazlewood’s causation opinions in this case are

inconsistent. He also asserted Dr. Hazlewood is biased in favor of workers’

compensation carriers and employers. He further contended Dr. Hazlewood’s opinion is

unsound because he only saw Mr. Williams on one occasion and failed to order or

consider any diagnostic studies in reaching his conclusions.

Mr. Williams contended Dr. Vaughan, on the other hand, is a board certified

orthopedic surgeon who is better equipped to evaluate his injuries. He was the treating

physician who saw Mr. Williams many times over the course of several months. Mr.

Williams maintained Dr. Vaughan’s causation opinion, when taken in conjunction with

the lay testimony, is sufficient to overcome the presumption of correctness statutorily

afforded to Dr. Hazlewood.

Nissan countered that Mr. Williams is not entitled to any additional workers’

compensation benefits for his left elbow because he failed to provide the statutorily-

required notice of the injury. It further argued Mr. Williams has not met his burden of

proving compensability because Dr. Vaughan’s opinion is insufficient to overcome the

presumption that Dr. Hazlewood’s opinion is correct. Nissan further asserted it has a

statutory right to an offset against any medical and disability benefits.

Findings of Fact and Conclusions of Law

The following legal principles govern this case. Mr. Williams has the burden of

proof on all essential elements of his 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). “[A]t a compensation hearing where the injured employee has

arrived at a trial on the merits, the employee must establish by a preponderance of the

evidence that he or she is, in fact, entitled to the requested benefits.” Willis v. All Staff,

No. 2014-05-0005, 2015 TN Wrk. Comp. App. Bd. LEXIS 42, at *18 (Tenn. Workers’

Comp. App. Bd. Nov. 9, 2015); see also Tenn. Code Ann. § 50-6-239(c)(6) (2015)

(“[T]he employee shall bear the burden of proving each and every element of the claim

by a preponderance of the evidence.”). In analyzing whether Mr. Williams has met his

burden, the Court will not construe the law remedially or liberally in his favor, but

instead must construe the law fairly, impartially, and in accordance with basic principles

of statutory construction favoring neither Mr. Williams nor Nissan. See Tenn. Code Ann.

§ 50-6-116 (2015).

5

Compensability

Mr. Williams’ burden includes proving his injury arose primarily out of and occur

in the course and scope of the employment. Tenn. Code Ann. § 50-6-102(14) (2015). To

do so, he must show his injury 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). Further, he

must show, “to a reasonable degree of medical certainty that it 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).

Applying these principles to the facts of this case, the Court finds Mr. Williams

has met his burden and is entitled to the requested benefits for his left elbow injury. He

testified he developed tingling and numbness from his left elbow to his ring finger and

small finger, which he reported to the nurse practitioner in Nisan’s onsite medical clinic.

This constitutes a specific set of incidents, identifiable by time and place of occurrence.

Nissan submitted no proof to the contrary.

Regarding Nissan’s notice defense, Tennessee Code Annotated section 50-6-

201(a)(1) (2015), provides in pertinent part that:

Every injured employee . . . shall, immediately upon the occurrence of an

injury, or as soon thereafter as is reasonable and practicable, give or cause

to be given to the employer who has no actual notice, written notice of the

injury . . . unless it can be shown that the employer had actual knowledge of

the accident. (Emphasis added.)

As noted above, Nissan failed to present any evidence rebutting Mr. Williams’ testimony

that he told Nissan’s nurse practitioner about his left elbow problems. The Court finds he

has established Nissan’s actual knowledge of the injury and that this constitutes adequate

legal notice.

The only medical evidence submitted regarding the cause of Mr. Williams’ left

elbow condition was the opinion of Dr. Vaughan, who testified the cubital tunnel

condition primarily arose out of Mr. Williams’ repetitive work activities. As this opinion

was unrebutted by any medical proof, the Court finds Mr. Williams has met his burden of

proving “to a reasonable degree of medical certainty that [his work] contributed more

than fifty percent (50%) in causing the . . . disablement or need for medical treatment.”

Nissan argued that the Court should disregard Dr. Vaughan’s opinion because he

failed to demonstrate an accurate understanding of Mr. William’s job duties. While there

are some discrepancies in Dr. Vaughan’s description of how much grasping and lifting

Mr. Williams had to perform, the Court finds Mr. Williams’ description of his work

duties is generally consistent with “repetitive work activities” in Dr. Vaughan’s

6

diagnosis. Further, the Court notes that during Dr. Vaughan’s deposition, he did not

change his causation opinion after Nissan’s attorney provided him with a moderately

detailed description of Mr. Williams’ job duties.

Regarding Mr. Williams’ right elbow and shoulder claim, the Court finds he failed

to meet his burden of establishing the necessary causal relationship between his work and

his injuries. Dr. Hazlewood testified that these conditions did not primarily arise out of

and in the course and scope of employment. Dr. Vaughan’s testimony was insufficient to

overcome the statutory presumption of Dr. Hazlewood’s opinion established by

Tennessee Code Annotated section 50-6-102(14)(E) (2015).

Although the parties disputed the relative weight of the medical testimony, the

Court finds that, even in the absence of Dr. Hazlewood’s opinion, Dr. Vaughan’s opinion

would fail to meet the statutory threshold necessary to establish causation. As noted

above, Mr. Williams bears the burden of proving, “to a reasonable degree of medical

certainty” that his injury “contributed more than fifty percent (50%) in causing the . . .

disablement or need for medical treatment, considering all causes.” While Dr. Vaughan

was asked whether Mr. Williams’ work was the primary cause of his injury, he only

testified that the cubital tunnel syndrome was “related to his repetitive work activities.”

Similarly, he noted the right shoulder condition was degenerative, but Mr. Williams’

work “exacerbate[d] the underlying condition.” The essential problem with Dr.

Vaughan’s opinion is that it only establishes Mr. Williams’ right arm and shoulder

conditions are related to his work, not that the work primarily caused them. In the

absence of any other medical opinion, Mr. Williams cannot meet his burden of

establishing the requisite medical causation, much less rebutting Dr. Hazlewood’s

opinion by a preponderance of the evidence.

Temporary Disability Benefits

An injured worker is eligible for temporary total disability (TTD) benefits if: (1)

the worker became disabled from working due to a compensable injury; (2) there is a

causal connection between the injury and the inability to work; and (3) the worker

established the duration of the 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) (citing Simpson v. Satterfield, 564 S.W.2d 953, 955

(Tenn. 1978)).

The parties stipulated that, in the event the Court determines the left elbow injury

to be compensable, Mr. Williams is entitled to temporary total disability benefits from

March 12, 2015, through June 24, 2015, a period of 105 days. At the stipulated

compensation rate of $835.00, this results in temporary total disability benefits of

$12,525.00.

7

Permanent Disability Benefits

For post-July 1, 2014 injuries, permanent partial disability is paid at sixty-six and

two-thirds percent of the injured employee’s average weekly wage for the period of

compensation as determined by multiplying the employee’s impairment rating by 450

weeks. Tenn. Code Ann. § 50-6-207(3)(A) (2015). The only medical impairment rating

assigned in this case is the two percent impairment given by Dr. Vaughan, giving Mr.

Williams a period of compensation of nine weeks. At his stipulated compensation rate,

his “original award” is $7,515.00. He is not entitled to any further disability benefits

because he returned to work earning the same or greater wages. See Tenn. Code Ann. §

50-6-207(3)(B) (2015).

Disability Plan Setoff

Nissan claims to be entitled to a setoff against any temporary or permanent

disability benefits, pursuant to Tennessee Code Annotated section 50-6-114(b) (2015),

which provides:

Any employer may set off from temporary total, temporary partial,

permanent partial and permanent total disability benefits any payment made

to an employee under an employer funded disability plan for the same

injury; provided, that the disability plan permits such an offset. The offset

from a disability plan may not result in an employee’s receiving less than

the employee would otherwise receive under this chapter. In the event that

a collective bargaining agreement is in effect, this subsection (b) shall be

subject to the agreement of both parties.

The parties stipulated that a Nissan-funded disability plan paid Mr. Williams

short-term and long-term disability benefits totaling $18,518.95 for the period of

November 19, 2014, through June 24, 2015. It further appears Nissan’s plans specifically

allow for such a setoff. However, the parties provided no detailed record of the disability

payments or any indication of the totals paid to Mr. Williams from March 12, 2015,

through June 24, 2015, the period of his recovery from the left elbow surgery. As a

result, the Court is left without any information showing the amount of the “payment

made to [Mr. Williams] under an employer funded disability plan for the same injury.”

Without any means of calculating the disability plan benefits attributable solely to the left

arm injury, the Court must deny Nissan’s setoff request.

Medical Expenses

“[T]he employer or the employer’s agent shall furnish, free of charge to the

employee, such medical and surgical treatment . . . made reasonably necessary by

8

accident[.]” Tenn. Code Ann. § 50-6-204(a)(1)(A) (2015). Having found that Mr.

Williams’ left arm injury constituted a compensable work injury, the Court finds Nissan

is responsible for the costs associated with treating that condition.2 As Dr. Vaughan

provided extensive treatment, including surgery, for left elbow condition, it is appropriate

that he be designated the authorized treating physician for any future treatment.

IT IS, THEREFORE, ORDERED as follows:

1. Medical care for Mr. Williams’ left elbow injuries shall be paid by Nissan or its

workers’ compensation carrier, who shall continue to provide Mr. Williams with

medical treatment for these injuries as required by Tennessee Code Annotated

section 50-6-204 (2015). Dr. Vaughan shall be designated the authorized treating

physician for any future care. Medical bills shall be furnished to Nissan or its

workers’ compensation carrier by Mr. Williams or the medical providers.

2. Nissan shall pay past due temporary total disability benefits of $12,525.00 for the

period from March 12, 2015, through June 24, 2015.

3. Nissan shall pay $7,515.00 in permanent partial disability benefits.

4. Mr. Williams’ attorney is awarded an attorney’s fee of twenty percent of the total

permanent and temporary disability benefits.

5. Costs of this cause of $150.00 are assessed against Nissan pursuant to Tennessee

Compilation Rules and Regulations 0800-02-21-.07 (2015), to be paid within five

days of this order becoming final.

6. Nissan shall prepare and file a statistical data form within ten business days of the

date of this order, pursuant to Tennessee Code Annotated section 50-6-244 (2015).

7. After a Compensation Hearing Order entered by a Workers’ Compensation Judge

has become final in accordance with Tennessee Code Annotated section 50-6-

239(c)(7) (2015), compliance with this Order must occur in accordance with

Tennessee Code Annotated section 50-6-239(c)(9) (2015). The Insurer or Self-

Insured Employer must submit confirmation of compliance with this Order to the

Bureau by email to WCCompliance.Program@tn.gov no later than the fifth

business day after this Order becomes final or all appeals are exhausted. Failure to

submit the necessary confirmation within the period of compliance may result in a

2

The parties stipulated that a Nissan-funded health plan paid Mr. Williams’ medical bills. Nissan contends this

satisfies its statutory requirement of providing reasonable and necessary medical treatment. If Nissan choses to pay

medical treatment from its health plan, that would seem to constitute compliance with the statute and this order, but

the Court declines to make any apportionment between Nissan’s health plan provider and its workers’ compensation

carrier.

9

penalty assessment for non-compliance.

ENTERED this the 13th day of July, 2016.

_____________________________________

Dale Tipps

Workers’ Compensation Judge

Right to Appeal:

Tennessee Law allows any party who disagrees with this Compensation Hearing

Order to appeal the decision to the Workers’ Compensation Appeals Board or the

Tennessee Supreme Court. To appeal your case to the Workers’ Compensation Appeals

Board, you must:

1. Complete the enclosed form entitled: “Compensation Hearing Notice of Appeal.”

2. File the completed form with the Court Clerk within thirty calendar days of the

date the Workers’ Compensation Judge entered the Compensation Hearing Order.

3. Serve a copy of the Compensation 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 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 party filing the notice of appeal, 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 fifteen calendar days of the filing

10

of the Compensation Hearing Notice of Appeal. Alternatively, the party filing the

appeal may file a joint statement of the evidence within fifteen calendar days of

the filing of the Compensation 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. See Tenn. Comp. R. & Regs. 0800-02-22-.03 (2015).

6. After the Workers’ Compensation Judge approves the record and the Court Clerk

transmits it to the Workers’ Compensation Appeals Board, the appeal will be

docketed and assigned to an Appeals Board Judge for review. At that time, a

docketing notice shall be sent to the parties. Thereafter, the parties have fifteen

calendar days to submit briefs to the Appeals Board for consideration. See Tenn.

Comp. R. & Regs. 0800-02-22-.02(3) (2015).

To appeal your case directly to the Tennessee Supreme Court, the

Compensation Order must be final and you must comply with the Tennessee Rules

of Appellate Procedure. If neither party timely files an appeal with the Appeals

Board, this Order will become final by operation of law thirty calendar days after

entry pursuant to Tennessee Code Annotated section 50-6-239(c)(7).

11

APPENDIX

Technical record:

1. Petition for Benefit Determination

2. Post-Discovery Dispute Certification Notice

3. Joint Pre-Hearing Statement and Stipulations

4. Employee’s Compensation Pre-Hearing Brief

5. Employer’s Compensation Pre-Hearing Brief

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

evidence during the Compensation Hearing. The Court considered factual statements in

these filings or any attachments to them as allegations unless established by the evidence.

Exhibits:

1. Deposition transcript of Dr. Roderick Vaughan

2. Deposition transcript of Dr. Jeffrey Hazlewood

3. Employee Medical Records Index

4. First Report of Injury

5. Wage Statement

6. Employee/Manager Medical Statement

7. C-42 Physician Panel

8. Nissan Employee Benefits Manual (excerpts)

9. C-23 Notice of Denial

10. Settlement approval documents of January 13, 2016

11. July 17, 2015 email from Marshall McClarnon to Howard Keltner (identification

only)

12. Affidavit of David Williams

13. David Williams’ responses to Nissan’s written discovery requests

14. Medical bills (identification only)

12

CERTIFICATE OF SERVICE

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

was sent to the following recipients by the following methods of service on this the 13th

day of July, 2016.

Name Certified Fax Via Email Address

Mail Number Email

Marshall McClarnon, X marshall@poncelaw.com

Esq.

Thomas Tucker, Esq. X tomtucker@bellsouth.com

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

13

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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