Opinion

Beecher, Caroyln v. McKesson Corporation

  • 2016 TN WC 267
Court
Tennessee Court of Workers' Compensation Claims
Filed
Nov 10, 2016
Status
Published
On the bench
Amber E. Luttrell
Cited by
0 cases

The opinion

TENNESSEE BUREAU OF WORKERS' COMPENSATION

IN THE COURT OF WORKERS' COMPENSATION CLAIMS

AT MEMPHIS

CAROLYN BEECHER, ) Docket No.: 2016-08-0279

Employee, )

v. )

McKESSON CORPORATION, ) State File Number: 97742-2015

Employer, )

And )

OLD REPUBLIC INSURANCE CO., ) Judge Amber E. Luttrell

Insurance Carrier. )

EXPEDITED HEARING ORDER DENYING REQUESTED BENEFITS

This matter came before the undersigned Workers' Compensation Judge on

October 14, 20 16, upon the Request for Expedited Hearing filed by Carolyn Beecher

pursuant to Tennessee Code Annotated section 50-6-239 (2015). The present focus of

this case is whether Ms. Beecher is entitled to medical and temporary disability benefits

for her alleged work-injury. The central legal issue is whether Ms. Beecher came forward

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

the merits that she suffered an injury arising primarily out of and in the course and scope

of her employment. For the reasons set forth below, the Court holds that she did not, and

thus is not entitled to the requested medical and temporary disability benefits at this time. 1

History of Claim

The following facts were established at the Expedited Hearing. Ms. Beecher, a

self-represented litigant, is a fifty-five-year-old resident of Shelby County, Tennessee.

She worked as a material handler2 for McKesson's National Redistribution Center for

elevenyears. (Ex. 2.) 3 Ms. Beecher explained her job consisted of repetitively lifting

1

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

as an appendix.

2

Ms. Beecher referred to her job title as a "double checker."

3

Rick Clifton, McKesson's HR Representative, testified McKesson is a pharmaceutical distribution center that

supplies prescription medications to retail pharmacies.

1

boxes off the conveyor belt to "double-check" them and place them back down on the

line. 4

This claim involves Ms. Beecher's severe pelvic organ prolapse, which resulted in

surgery consisting of a total hysterectomy, pelvic suspension, and a bladder sling. (Ex. 9.)

She alleged this condition arose out of a work incident on November 16, 2015, when she

picked up a heavy tote on the line and felt a sharp pain in her pelvic area. (T.R. 1.) Upon

experiencing this pain, Ms. Beecher stopped working and walked off the line to get

water. She denied reporting the pain to anyone at that time, and returned to work.

Ms. Beecher testified she continued working for several weeks with pain in her

pelvic area. Following a long shift on Thanksgiving Day, she experienced severe pain,

went to the restroom at home and noticed a protrusion from her pelvic area. She still did

not seek medical attention thinking the condition might resolve itself. When the

protrusion persisted, Ms. Beecher testified she returned to work on November 30, and

went to the human resources (HR) department to report her condition. She stated no one

was in the HR office; therefore, she went to the front office and spoke to "Nicole."5 She

stated she told Nicole about her condition and that Nicole advised her to contact Cigna. 6

Ms. Beecher testified she next called her gynecologist, Dr. Elizabeth Mann, and

requested an appointment.

According to the medical records admitted into evidence, Ms. Beecher saw Dr.

Mann on December 1, 2015. (Ex. 7.) Dr. Mann noted a chief complaint of lower

abdominal pain with possible prolapse. She noted Ms. Beecher's intermittent pain started

"2 weeks ago" and referred her to Dr. Stephen Portera, a urologist, for consultation. Dr.

Mann added an addendum to her December 1 record stating the following, "Seeing Dr.

Portera for cystoale/uterine prolapse. Pt required to perform repetitive, heavy lifting as

part of her responsibilities. Noticed prolapse after a day of long heavy lifting. Planning

surgical repair." !d.

Ms. Beecher saw Dr. Portera on December 9, and he scheduled surgery. (Ex. 8.)

Prior to undergoing surgery, Ms. Beecher testified she returned to work and reported a

work-injury to her supervisor. 7 Rick Clifton, McKesson's HR representative, testified

that Ms. Beecher first reported a November work-injury to McKesson on December 10.

No panel was offered at that time and Ms. Beecher continued treating with Dr. Portera.

On December 14, Dr. Portera's office noted a telephone message from Ms.

4

The parties admitted into evidence a McKesson ADA Physical Requirements Form for Ms. Beecher's position,

which indicated the job required continuous lifting and carrying ten pounds, frequent lifting of eleven to twenty

pounds, and occasional lifting of twenty-one to fifty pounds. (Ex. 5.)

5

There was no testimony of Nicole s job position w ith McKesson or why Ms. Beecher reported her symptoms to

her. The Court notes Ms. Beecher did not state whether she told Nicole she believed her condition was work-related.

6

The Court understood Cigna to be McKesson's health insurance provider.

7

Ms. Beecher did not identify the supervisor to whom she reported a work-injury.

2

Beecher, which stated "Pt wants you to call her ... about possible getting workman's

comp to pay for her surgery... " !d. Dr. Portera commented, "Spoke with patient on

12/14115, advised her that while we are glad to fill out FMLA paperwork or something

similar... filing a claim and following up with it through workman's comp is not

something handled by our office. She must file that on her own."

Dr. Portera performed surgery on January 7, 2016. 8 Ms. Beecher took FMLA

leave and received short-term disability benefits while off work for her condition. 9 10 She

testified that following her surgery, a Sedgwick claims adjuster contacted her regarding

her reported work-injury and advised that she would need to see a panel physician for

evaluation.u Ms. Beecher selected Memphis OBGYN Associates from the panel, and

Sedgwick scheduled an appointment with Dr. Corey Tinker on February 17, 2016.

(Exhibits 4 and 9.)

Ms. Beecher saw Dr. Tinker and provided a history that her symptoms, "began

suddenly after lifting something heavy at work. No issues prior to that but job involves

repeated heavy lifting." Dr. Tinker noted Ms. Beecher had a good result from surgery.

Dr. Tinker responded to questions posed by an insurance representative who attended the

appointment with Ms. Beecher and stated,

Insurance rep with pt today states that they need my evaluation of if the

condition was likely work related. I informed them that my assessment was

limited in that I did not [see] the pt when the condition was present nor did

I perform the corrective surgery. There is nothing to physically evaluate at

this point as it has already been surgically corrected. Information given to

me asked if I felt the pt's condition could have been 50.1% or more caused

by the patient's work. Pelvic organ prolapse is always multi-factorial but

with the nature of the patient's work and the way in which the symptoms

presented, I do feel it likely it was likely [sic], that percentage or more,

contributory to the pt's condition. My evaluation is limited by the above

8

The operative report indicated Dr. Portera performed a total vaginal hysterectomy, bilateral salpingo-

oophorectomy, anterior repair, suburethral sling, and cystoscopy. Ms. Beecher's post-operative diagnosis was Grade

3-4 anterior vaginal defect, Grade 2 uterine prolapse, genuine stress incontinence, and urethral hypermobility. (Ex.

8.)

9

The Court notes the parties disputed when Ms. Beecher last worked at McKesson. Ms. Beecher testified she last

worked on November 30, 2015. She admitted into evidence a letter from Cigna, which indicated she was on

approved FMLA leave and drew STD from November 30, 2015 through March 6, 2016. (Ex. 12.) Rick Clifton

testified McKesson's Employee Earning Record indicated Ms. Beecher worked in the facility and earned wages part

of December 2015. (Ex. 15.)

10

Ms. Beecher submitted .medical bills representing outstanding balances to providers and her insurance copays.

McKesson's counsel objected to admissibility of the medical bills stating he had not previously seen the bills.

Counsel asserted if the Court finds Ms. Beecher sustained a compensable work-injury, McKesson will review the

bills to determine if reasonable and necessary for the injury. The Court marked the medical bills for Identification

purposes as "1.0. Ex. 1."

11

The Court understood Sedgwick to be McKesson's third-party administrator for workers' compensation claims.

3

noted constraints.

At McKesson's request, Dr. Todd Chappell, a Tennessee board-certified

obstetrician-gynecologist, performed a review of Ms. Beecher's records and issued a

report with his causation opinion. (Ex. 10.) Dr. Chappell noted he reviewed medical

records regarding Ms. Beecher's prolapse from Dr. Mann, Dr. Tinker, and Methodist

Hospital. He further reviewed "specific employment information including her job

description and requirements as well as information regarding the November 16, 2015

work incident."

Dr. Chappell stated uterine prolapse is "usually a gradual process in which

causation is multi-factorial." He explained the risk factors can include: "previous

pregnancy and childbirth, especially from vaginal delivery, smoking, advanced age, lack

of estrogen and/or menopause, increased intra-abdominal pressure such as from increased

weight, chronic coughing, pelvic masses, or accumulation of fluid, and prior pelvic

surgery." He opined Ms. Beecher's records revealed "more than one of these significant

risk factors existed before November 2015, and contributed to the development of the

condition. Two of these pre-existing conditions alone include two prior pregnancies, one

of which resulted in vaginal delivery, and being overweight with a BMI of 28.1." Dr.

Chappell concluded,

Considering all information I have reviewed and analyzed, including Ms.

Beecher's job description, medical literature, and medical records, it is my

opinion that a work incident of November 16, 2015 was not the primary

factor that caused Ms. Beecher's uterine prolapse. Further, considering all

causes and pre-existing factors, it is my opinion that even if a work incident

was a potential contributing factor, work was no more than a possible

minor contributing factor and the described work incident cannot be

verified as being the primary or main contributing cause that led to the

condition ... it is likely that this condition could have developed before and

would have developed notwithstanding the described November 16, 2015

work or incident.

!d.

Upon review of Ms. Beecher's treating physician's records, Dr. Chappell stated,

Based upon my review and analysis .. .it is not clear what information was

reviewed or considered regarding work activities, pre-existing risk factors

or possible alternative causes of Ms. Beecher's diagnosis ...these factors

must be considered, addressed, and explained when assessing the cause of a

condition of this nature, especially when pre-existing risk factors exist and

causation is multi-factorial.

4

!d.

Finally, Dr. Chappell opined within a reasonable degree of medical certainty that

"Ms. Beecher's work activities or a single work incident were not the primary cause of

the uterine prolapse and it is impossible to prove that work was responsible for any

amount of the condition much less responsible for causing the majority or greater than

50% of the condition." !d.

McKesson denied compensability of Ms. Beecher's claim on March 25, 2016,

contesting that she sustained an injury in the course and scope of her employment,

medical causation, and contending that her injury did not meet the statutory requirements

ofTennessee Code Annotated 50-6-212. 12 (Ex. 3.)

Following the Expedited Hearing, the parties took the deposition of Dr. Tinker on

October 28, and filed the transcript as a late-filed exhibit. 13 (Ex. 14.) Dr. Tinker testified

he did not have Dr. Portera's medical records or Methodist Hospital's records at the time

of his exam of Ms. Beecher. !d. at 14. He based his opinions on the information he had at

that time, which consisted of Dr. Mann's records and the history taken from Ms. Beecher.

!d. at 13. Dr. Tinker also did not have any specific information regarding the date or

place Ms. Beecher's alleged injury occurred. He further testified he did not know the

weight she was lifting at the time she alleged her injury. !d. at 11.

Dr. Tinker testified pelvic organ prolapse is always multifactorial and stated, "It is

medically difficult to attribute it to any one factor or to know what percent of factors

make an interpretation." !d. at 12-13. He stated that pregnancy and menopause can be

important causes. !d. at 9. Dr. Tinker also opined that a person's age and body mass index

(BMI) can also impact pelvic organ prolapse. !d. at 10. He testified Ms. Beecher's BMI

was 27.3, which is considered obese. !d. at 10-11. Considering Ms. Beecher's risk

factors, Dr. Tinker testified, "I think conditions existed in Ms. Beecher, both, that tended

to cause pelvic organ prolapse and a few that may have tried to prevent it." !d. at 27. 14

Concerning Dr. Tinker's causation opinion from his report, McKesson's counsel

asked Dr. Tinker the following question,

12

The Court notes the Notice of Denial cited T.C.A. 50-6-212, the hernia statute.

13

Prior to the Expedited Hearing, the Court granted McKesson's motion to take the deposition of Dr. Tinker on

October 28. McKesson contended Dr. Tinker refused to communicate with its counsel except for in a deposition.

Ms. Beecher agreed to taking the deposition; however, she requested the Expedited Hearing proceed as scheduled on

October 14. The Court granted Ms. Beecher's request to proceed with the October 14 Expedited Hearing date and to

admit Dr. Tinker's deposition into evidence as a late-filed exhibit. McKesson's counsel filed Dr. Tinker's deposition

on November 2.

14

The Court notes McKesson's counsel questioned Dr. Tinker regarding a radiology report dated December 16,

2015 attached as Exhibit II. Counsel read the clinical information section, which stated "55 year old female with

uterine fibroids with history of bladder prolapse on several occasions." In response to questioning, Dr. Tinker

agreed he had not seen the record. Ms. Beecher adamantly denied any history of organ prolapse prior to her alleged

work-injury. The Court notes Dr. Tinker did not refer to this record in his testimony concerning his medical

causation opinions.

5

Q: Well, taking into consideration all of these factors - - which I don't

know if you took into consideration - - are you comfortable testifying, as of

today, that work was the primarily cause of the development of Ms.

Beecher's pelvic organ prolapse?

A: As I said in my note, pelvic organ prolapse is always multifactorial.

Q: Yes.

A: The extent to which one thing contributes more than something else is

more of a legal question than a medical one, and so doctors don't spend

their time trying to figure out what percentage of each one of those factors

had impact. So it's a difficult question to answer for a doctor because it

doesn't go in ... there were doctors who saw her when the condition was

present that had a much better ability to evaluate than I did.

!d. at 22.

Dr. Tinker further testified,

Based on the limited information that I had in having seen it after

correction, my assessment was that, certainly, I thought work had an

important role. Was that 35 percent, 49 percent, 52 percent, 57 percent?

That's not a medical question and I don't know how to answer that. . .I

would say that I have no way to accurately assess a percentage.

Id. at 23.

On cross-examination, Ms. Beecher commented on the questions asked of Dr.

Tinker, but did not pose specific questions. She concluded her cross-examination by

stating, " .. .I never had no problems. I had a good, clean slate, I go to [Dr. Mann] every

year for my annual and never had no complications or nothing. With that being said, I

know it was job related and that's it." Dr. Tinker responded, "Yes, rna' am."

At the Expedited Hearing, Rick Clifton testified on behalf of McKesson. Mr.

Clifton testified that Ms. Beecher's report of an injury to him on December 10. He stated

her description of injury was not specific. She informed him she felt some pain when she

picked up something heavy in mid-November. Mr. Clifton further testified Ms. Beecher

never came to him to inquire if McKesson could accommodate any work restrictions

during her treatment, and upon her release without restriction on March 7, Ms. Beecher

informed Mr. Clifton she did not wish to return to work.

6

Ms. Beecher filed a Petition for Benefit Determination (PBD) seeking temporary

disability benefits and medical benefits. The parties did not resolve the disputed issues

through mediation, and the Mediating Specialist filed a Dispute Certification Notice.

This hearing followed. ·

At the Expedited Hearing, Ms. Beecher requested compensation for her time off

work, payment of outstanding medical bills, and for "the organ that she lost."

McKesson countered that Ms. Beecher did not establish a compensable injury as

defined in Tennessee Code Annotated section 50-6-102(14). McKesson relied upon Dr.

Chappell's medical opinion that Ms. Beecher's pelvic prolapse did not primarily arise out

of her employment.

Findings of Fact and Conclusions of Law

The following legal principles govern this case. Because this case is in a posture

of an Expedited Hearing, Ms. Beecher 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)(1)(2015).

To prove a compensable injury, Ms. Beecher must show that her alleged injury

arose primarily out of and in the course and scope of her employment. !d. at § 50-6-

102(14). To do so, she must show her injury was caused by an incident, or specific set of

incidents, identifiable by time and place of occurrence. !d. at § 50-6-102(14)(A).

Further, she 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." !d. at § 50-6-102(14)(C). "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. !d. at

§ 50-6-102(14)(D).

Applying these principles to the facts of this case, the Court holds that Ms.

Beecher did not come forward with sufficient evidence to satisfy her burden of proving

her condition arose primarily out of and in the course and scope of her employment at

this time. Specifically, there is insufficient medical proof to establish that Ms. Beecher's

described injury contributed more than fifty percent (50%) in causing the condition

considering all causes. 15

15

The Court is not persuaded by McKesson's alternative argument that Ms. Beecher's injury is subject the

7

The only medical opinions before the Court addressing causation are from Dr.

Tinker and Dr. Chappell. While Dr. Tinker initially stated in his record that Ms.

Beecher's described work injury likely contributed 50.1% or more to the development of

her pelvic organ prolapse, he subsequently altered his opinion after being asked

deposition questions concerning Ms. Beecher's other risk factors. He stated:

Based on the limited information that I had in having seen it after

correction, my assessment was that, certainly, I thought work had an

important role. Was that 35 percent, 49 percent, 52 percent, 57 percent?

That's not a medical question and I don't know how to answer that. . .I

would say that I have no way to accurately assess a percentage.

The Court notes in making his original causation assessment, Dr. Tinker conceded

he based his opinion solely on the records of Dr. Mann and Ms. Beecher's history of

lifting something heavy when the pain began. He did not know when she sustained the

injury or the weight she allegedly lifted at the onset of her pain. In his deposition, while

stating he believed Ms. Beecher's described injury was an important factor, he was non-

committal and unwilling to opine that it was the primary (greater than 50%) cause of her

condition.

Dr. Chappell, who performed a records-review evaluation, was more decisive. He

opined, "Ms. Beecher's work activities or a single work incident were not the primary

cause of the uterine prolapse and it is impossible to prove that work was responsible for

any amount of the condition much less responsible for causing the majority or greater

than 50% ofthe condition." (Ex. 10.)

The Court recognizes that Ms. Beecher disputes these conclusions, especially the

opinion of Dr. Chappell, whom she never met. Ms. Beecher's disagreement with the

physicians' opinions, while genuine, is legally insufficient to refute their conclusions.

Neither Ms. Beecher nor the Court has the medical qualifications to revise the doctors'

medical opinions for them. As our Appeals Board observed, "Judges are not well-suited

to second guess a medical expert's treatment, recommendations, and or diagnoses absent

some conflicting medical evidence or some other countervailing evidence properly

admitted into the record." Scott v. Integrity Staffing Solutions, No. 2015-01-0055, 2015

TN Wrk. Comp. App. Bd. LEXIS 24, at *8 (Tenn. Workers' Comp. App. Bd. Aug. 18,

2015). All the Court has before it are the opinions of Dr. Tinker and Dr. Chappell, neither

of which opined that the alleged work event contributed more than fifty-percent (50%) to

Ms. Beecher's pelvic organ prolapse. Absent a contrary medical opinion, Ms. Beecher

requirements of Tennessee Code Annotated section 50-6-212 for hernias as this is no medical proof supporting such

an argument. When asked if Ms. Beecher's condition was similar to a rupture/hernia, Dr. Tinker responded, "A

hernia is a defect in both the muscle and the fascial layer. A pelvic organ prolapse is more of a defect of a ligament

insertion." (Ex. 14 at 28.)

8

cannot establish that her alleged injury arose primarily out of and in the course and scope

of her employment.

Therefore, this Court holds, as a matter of law, Ms. Beecher has not come forward

with sufficient evidence at this time from which this Court may conclude she is likely to

prevail at a hearing on the merits. Accordingly, her request for medical and temporary

disability benefits is denied at this time.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Beecher's claim against McKesson and its workers' compensation carrier for

the requested medical benefits and temporary total disability benefits is denied at

this time.

2. This matter is set for an Initial (Scheduling) Hearing on Monday, December

12, 2016, at 11:00 a.m. Central Time.

ENTERED this the lOth day of November, 2016.

ClL . ~

Juilge Amber E. Luttrell

Court of Workers' Compensation Claims

Initial (Scheduling) Hearing:

An Initial (Scheduling) Hearing has been set with Judge Amber Luttrell, Court

of Workers' Compensation Claims. You must call toll-free at 855-543-5039 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

9

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 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

10

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.

11

APPENDIX

Exhibits:

1. Affidavit of Carolyn Beecher

2. Employer's First Report of Work Injury or Illness

3. Notice ofDenial of Claim for Compensation

4. C42 Panel ofPhysicians

5. McKesson ADA Physical Requirements Form

6. Wage Statement

7. Medical records of Memphis Obstetrics and Gynecological Associates

8. Medical records of Center for Urinary . and Pelvic Disorders and Methodist Le

Bonheur Healthcare

9. Medical Record of Dr. Corey Tinker

10.Medical Records ofB. Todd Chappell, M.D.

11. Methodist LeBonheur Healthcare Radiology Report

12. CIGNA FMLA and Short Term Disability Letters

13. Employer's Request for Admissions

14.Dr. Corey Tinker's Deposition (Late Filed Exhibit)

15.McKesson Employee Earnings Record

Marked for Identification:

1. Medical Bills (Collective exhibit)

Technical record: 16

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Employee's Position Statement

5. Employer's Response to Petition for Benefit Determination

16

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.

12

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 10th day

ofNovember, 2016.

Name Certified First Via Service sent to:

Mail Class Email

Mail

Carolyn Beecher, X X X carol;tnbeecher 1@yaJ1oo .com

Self-Represented Employee 4817 Saddlehom Circle

Memphis, TN 38125

Thomas P. Cassidy, Jr., Esq., X tom.cassidy@mgclaw .com

Attorney for Employer

Penny Shrum, Clerk of Court

Court of Workers' Compensation Claims

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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