Opinion

Gamble, Ceasar v. Miller Indyustries

  • 2016 TN WC 306
Court
Tennessee Court of Workers' Compensation Claims
Filed
Dec 20, 2016
Status
Published
On the bench
Thomas Wyatt
Cited by
0 cases

The opinion

FILED

December 20~ 2Ul '6

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TENNESSEE BUREAU OF WORKERS' COMPENSATION

IN THE COURT OF WORKERS' COMPENSATION CLAIMS

AT CHATTANOOGA

CEASAR GAMBLE, ) Docket No.: 2016-01-0471

Employee, )

v. )

MILLER INDUSTRIES, ) State File No.: 70707~2015

Employer, )

And )

LffiERTY MUTUAL INS. CO., ) Judge Thomas Wyatt

Carrier. )

EXPEDITED HEARING ORDER FOR MEDICAL BENEFITS

(DECISION ON THE RECORD)

This matter came before the undersigned Workers' Compensation Judge upon a

Request for Expedited Hearing for a Decision on the Record, which Ceasar Gamble filed

November 10, 2016, pursuant to Tennessee Code Annotated section 50-6-239(d)(2)

(2016) and Tennessee Compilation Rules & Regulations 0800-02-21-.14(1)(c) (2016).

Miller Industries filed responses on November 16, 2016, and December 15, 2016. The

Court issued a Docketing Notice on December 6, 2016, listing the documents it would

consider in making its decision. The Court gave Mr. Gamble and Miller Industries until

December 15, 2016, to file objections and/or position statements.

The Court fmds it needs no additional information to determine whether Mr.

Gamble is likely to prevail at a hearing on the merits of the claim. Accordingly, pursuant

to Rule 7.02 of the Practices and Procedures of the Court of Workers' Compensation

Claims, the Court decides this matter upon a review of the written materials without an

evidentiary hearing.

The central issue is whether Mr. Gamble is likely to prevail at a hearing on the

merits in establishing his alleged injuries arose primarily out of and in the course and

scope of employment. For the following reasons, the Court holds Mr. Gamble is entitled

1

to the medical benefits he seeks. 1

History of Claim

Mr. Gamble is a sixty-year-old resident of Chattanooga, Hamilton County,

Tennessee, employed as a production assembler at Miller Industries' tow-truck assembly

plant. (T.R. 1 at 1-2; Ex. 10.) On August 14, 2015, he injured his left hip and lumbar

spine when he fell onto the floor when a stool with wheels rolled out from under him as

he attempted to sit on the stool to perform his work duties. Id. Miller Industries initially

accepted the claim as compensable, but later denied the claim based on the authorized

treating physician's responses to written causation inquiries. (Ex. 12.)

Mr. Gamble immediately reported the injury to management at Miller Industries.

(Ex. 2.) He received emergent care later that same day. (Ex. 5 at 1.) On August 24,

Miller Industries arranged treatment for Mr. Gamble at a walk-in clinic, where the

treating physician noted Mr. Gamble reported "left side pain" of an intensity of 10 on a

scale of 10 related to an incident ten days earlier when he fell from a chair at work. (Ex.

6 at 1.)

Mr. Gamble also received authorized care by Dr. Daniel Callen at Nova Medical

Center on August 24. 2 (Ex. 7 at 8A.) In a January 26, 2016 note, Dr. Callen stated that

Mr. Gamble reported his injury occurred at work when he fell onto his left hip after a

chair rolled out from under him. Id. Dr. Callen reviewed an MRI of Mr. Gamble's left

hip and noted the it showed,

[a]dvanced left hip arthropathy with marked cartilage loss, femoral head

subluxation, subchondral cysts, mixed reactive acetabular bone changes,

marginal osteophytes, moderate left hip effusion with 1Omm probable

cartilaginous loose body in the anterior recess, [and] diffuse labral

degeneration without discrete tear[.]

ld. at 8B. (Emphasis added.) Dr. Callen also diagnosed Mr. Gamble with lumbar disc

displacement and referred him for orthopedic care. I d.

Mr. Gamble saw Dr. Alexander Roberts for an evaluation of his lumbar spine.

(Ex. 8 at 3.) He diagnosed Mr. Gamble with multi-level degenerative changes in his

1

A complete listing of the technical record and the exhibits admitted into evidence is attached as an appendix to this

Order.

2

The parties did not submit all records from Nova Medical. The submitted records include Work Status/Restrictions

forms indicating Dr. Callen saw Mr. Gamble on August 24, October 19, October 26, November 19, November 23,

December 14, December 28, January 12 and January 26. (Ex. 7 at 1-8, 9.) However, the parties submitted the office

notes for only the January 26 visit. /d. at 8A-8B. The Nova Medical records also indicate Mr. Gamble underwent

nine sessions of physical therapy. /d. at 10-11.

2

spine and opined Mr. Gamble may have aggravated arthritis in his facet joints when he

fell at work. Id. at 4. However, Dr. Roberts assessed that most of Mr. Gamble's pain

was coming from his left hip injury and recommended consultation with a hip surgeon for

treatment options. Id.

Miller Industries authorized Mr. Gamble to see orthopedic surgeon Dr. Matthew

Bernard for his left hip. (Ex. 9 at 1.) Dr. Bernard's May 24 initial treatment note

recorded that Mr. Gamble gave him a history of having suffered from extensive left hip

pain for approximately six months. ld. Dr. Bernard recorded that Mr. Gamble had

undergone right hip replacement surgery in 2012, and following the surgery and up until

he fell at work, "he had been able to ambulate, he had been able to work." !d. He also

noted that Mr. Gamble told him that, since he fell at work, the pain in his left hip had

been unmanageable despite undergoing physical therapy and an injection. ld.

Dr. Bernard indicated that radiological testing of Mr. Gamble's left hip showed,

"advanced arthropathy, but it also showed the 1Omm probable cartilaginous loose body in

the anterior joint process. I believe that this represents [a] fractured osteophyte from his

fall, based on our comparative films available on our system. " I d. (Emphasis added).

Dr. Bernard surmised from the history given him that Mr. Gamble was

"managing" the preexisting arthritis in his left hip until he fell at Miller Industries. (Ex. 9

at 1.) However, after continuing to work at Miller Industries for six months after the fall,

Dr. Bernard noted that Mr. Gamble "is no longer able to ambulate to perform his duties,

secondary to hip pain and catching from loose bodies." Id. at 3. In terms of treatment

options, Dr. Bernard considered both an arthroscopic procedure to remove the loose body

in Mr. Gamble's left hip or hip replacement Surgery, recommending the hip replacement

surgery "to take care of his entire problem and get him back to a functional manual labor

type job." !d.

The submitted records from Dr. Bernard contain his correspondence to a

representative of Miller Industries' carrier, who asked Dr. Bernard to consider whether

Mr. Gamble's fall at work accounted for greater than fifty percent of the causative impact

of his left hip condition. In response, Dr. Bernard opined,

While the fall at work certainly was the proverbial straw that broke the

camel's back, it is certainly evident radiographically that his avascular

necrosis was long standing and would represent greater than 51% of the

need for the hip replacement. I do think there were active interval changes

prior to the fall and post-fall, including fractured osteophytes. This

however is the natural course of pre-collapse to post-collapse avascular

necrosis . . . I do agree that radiographically he was a candidate for this

hip replacement prior to [the fall at work].

3

!d. at 8. Miller Industries' carrier denied the compensability of Mr. Gamble's injury

because of the above opinion ofDr. Bernard. (Ex. 12.)

Mr. Gamble filed a Petition for Benefit Determination on August 12. (T.R. 1 at 1.)

After mediation failed to resolve the parties' differences, the mediating specialist certified

the disputed issues of compensability, medical benefits and temporary disability benefits

to the Court for determination. (T.R. 2 at 1.) Mr. Gamble filed his Request for Expedited

Hearing on November 10. (T .R. 3 at 1.)

Findings of Fact and Conclusions of Law

In addressing whether Mr. Gamble established that he sustained an injury arising

primarily out of and in the course and scope of his employment, the Court applies the

following legal principles. Mr. Gamble bears 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).

However, in order to obtain relief at the Expedited Hearing stage of his claim, he need

not prove every element by a preponderance of the evidence. 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). Rather, he must come forward

with sufficient evidence from which the Court can determine he is likely to prevail at trial

in establishing his injury is work-related and he is entitled to the relief he requests. !d.

The Court's determination here begins with analysis of the pertinent definitions

established by the Workers' Compensation Law. Tennessee Code Annotated section 50-

6-102(14)(A) (2016) defines a compensable injury as one resulting from a "specific

incident, or set of incidents, arising primarily out of and in the course and scope of

employment." This provision also addresses the compensability of an aggravation of a

preexisting condition, stating that a compensable injury "shall not include the aggravation

of a preexisting disease, condition or ailment unless it can be shown to a reasonable

degree of medical certainty that the aggravation arose primarily out of and in the course

and scope of employment." (Emphasis added.)

Section 50-6-102(14)(B) expands on the above definitions by providing that an

injury arises primarily out of and in the course and scope of employment when the

employee shows that the employment "contributed more than fifty percent in causing the

injury, considering all causes." The same standard applies to the establishment of the

causation of a "need for medical treatment." See Tenn. Code Ann. § 50-6-102(14)(C).

Mr. Gamble must establish the work-relatedness of his claim to a reasonable degree of

medical certainty, meaning he must come forward with expert medical opinion

establishing a causal link between the alleged injury, or need for medical treatment, and

the employee's employment. See Tenn. Code Ann. § 50-6-102(14)(C). A medical expert

must state his or her opinion on causation under a "more likely than not" standard,

4

without resorting to speculation or mere possibility. See Tenn. Code Ann. § 50-6-

102(14)(0).

In its determination here, the Court finds instruction in three decisions of the

Workers' Compensation Appeals Board affirming awards of medical benefits in

aggravation of preexisting condition cases. In Miller v. Lowe's Home Centers, Inc., No.

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

Bd. Oct. 21, 2015), the employee fell at work injuring his hip. Radiological testing

indicated that severe preexisting arthritic changes existed in the hip before the fall at

work occurred. The employer denied hip replacement surgery prescribed by the treating

physician on the ground it was not liable for the preexisting arthritis in the hip. The trial

court found the employee's fall at work aggravated the arthritic condition in his hip and

ordered the employer to pay for the prescribed surgery. The Appeals Board affirmed,

holding that the treating physician testified the fall at work caused a "chronic

exacerbation" of the arthritis in the employee's hip and hastened the need for surgery.

Miller, supra, at *19.

In Sanker v. Nacarato Trucks, Inc., No. 2016-06-0101, 2016 TN Wrk. Comp.

App. Bd. LEXIS 27 (Tenn. Workers' Comp. App. Bd. July 6, 2016), the employee

suffered a compensable 2014 injury that was concluded with open future medical

benefits. In September 2015, the employee sustained another work injury to the same

part of the body, thus igniting a dispute as to whether his need for treatment following the

latter injury related to the 2014 claim or a new 2015 injury. The same physician treated

the employee for both injuries and opined that the employee had suffered a new injury in

2015, stating,

[i]f he had developed progressively, worsening pain with time, without any

new injuries, then I would say it's more than 50 percent related to the 2014

injury. But when he's doing much better and has a new trauma with

sudden onset of pain, at that point, I think it's more than 50 percent related

to the 9-18-2015 incident.

/d. at *5-6.

In White v. Boles Trucking, No. 2016-04-0074, 2016 TN Wrk. Comp. App. Bd.

LEXIS 86, at *7-8 (Tenn. Workers' Comp. App. Bd. Nov. 14, 2016), the Appeals Board

affirmed a trial court finding that an employer was liable for surgery to correct a

preexisting condition. In White, the treating surgeon testified that, although radiological

testing did not demonstrate the preexisting condition was anatomically advanced by the

work injury, the employee's condition ''was previously asymptomatic and the February

11 [work-related] accident 'increased the instability between L4 and L5, which

[exacerbated] his symptoms."' /d. at *8.

5

While the Miller, Sanker and White opmwns involved different factual

backgrounds, the Appeals Board identified the following general findings in support of

its affirmations of the trial courts' awards of benefits in those claims: (1) the occurrence

of a work injury; (2) the employee's preexisting condition was either completely

asymptomatic, or asymptomatic for a period of time, prior to the occurrence of the work

injury; (3) the employee's preexisting condition did not impair the employee's ability to

perform his or her job until the work injury occurred; and (4) the submitted evidence

included expert medical opinion establishing a connection between the work injury and

the post-injury symptomatology that required treatment. After reviewing the evidence

here in view of the above-cited authority, the Court fmds that, at a hearing on the merits,

Mr. Gamble will likely prevail in establishing that his fall at Miller Industries resulted in

an injury to his left hip that arose primarily out of and in the course of employment.

In support of the above fmding, the Court observed that Miller Industries did not

challenge the fact Mr. Gamble fell when a stool on which he attempted to sit rolled out

from under him. Furthermore, the submitted evidence did not indicate that Mr. Gamble

had undergone treatment for left-hip pain, nor did it show that left-hip pain impaired him

from performing his duties at Miller Industries, before the subject work-related fall

occurred. Additionally, the Court finds that, at trial, Mr. Gamble will likely prevail in

showing it is Dr. Bernard's opinion that Mr. Gamble's fall at work caused a loose body of

cartilage in his left hlp to break off, enter his hip joint, and cause a portion if not all, of

the pain for which he required treatment on and after the date of the subject fall. 3

Miller Industries contends Dr. Bernard's statement that the avascular necrosis in

Mr. Gamble's left hip constituted more than fifty-one percent of the anatomical basis for

his recommendation of left hip replacement surgery defeats Mr. Gamble's claim for

medical benefits. (Ex. 9 at 8.) It also argues Dr. Bernard's statement that,

radiographically, Mr. Gamble was a candidate for left hip replacement surgery before he

fell at Miller Industries negates Mr. Gamble's claim. Id. In view of the totality of the

submitted evidence, the Court respectfully disagrees with Miller Industries' positions.

In deciding the above issue, the Court notes that Section 50-6-102(14)(A) focuses

on the work-relatedness of the aggravation itself, and not the underlying condition, in

defining what constitutes a covered injury in the context of an aggravation of a

preexisting condition. With that definitional requirement in mind, the Court considers

Dr. Bernard's opinion that preexisting conditions accounted for more than fifty-one

3

In making this fmding, the Court considered Dr. Bernard's discussion that Mr. Gamble's left hip may have had

"interval changes ... including fractured osteophytes" both before and after his fall at Miller Industries. (Ex. 9 at 8.)

The Court also noted Dr. Bernard's statement that the ''natural course" of the collapse of a hip joint due to avascular

necrosis would involve interval changes both before and after the occurrence of the collapse itself. Id While the

above statements from Dr. Bernard establish that Mr. Gamble's left hip may have undergone anatomical changes

before he fell at work, the statements also indicate the fall may have caused further anatomical changes. In fact, Dr.

Bernard actually opined that Mr. Gamble's fall at Miller Industries caused the loose cartilaginous body in his left

hip. Id. at 1.

6

percent of Dr. Bernard's recommendation of hip-replacement surgery with the fact that,

prior to his fall at work, Mr. Gamble had not received treatment for, nor been impaired

from working at Miller Industries by, left hip pain. In the same vein, the Court considers

Dr. Bernard's statement that, radiographically, Mr. Gamble was a candidate for left hip

replacement surgery before he fell at Miller Industries with the fact the submitted

evidence failed to establish that any physician had recommended treatment on Mr.

Gamble's left hip before he fell at Miller Industries. Furthermore, the Court observes

that, after enduring left-hip pain for six months following his work-related fall, Mr.

Gamble is not now a candidate for hip surgery as he was before he fell, but, according to

Dr. Bernard, is currently a surgical patient.

When considered in its entirety, the Court finds that Mr. Gamble will prevail at a

hearing on the merits in establishing that his present need for left hip treatment arose

primarily from the fact he injured his left hip, including by the dislodgement of a body of

cartilage into his left hip joint, when he fell at Miller Industries. Based on that finding,

the Court holds Mr. Gamble is entitled to medical benefits provided by Dr. Bernard, the

authorized treating physician, for reasonable and necessary treatment of his left hip that

arises primarily out of and in the course and scope of employment. See Tenn. Code Ann.

§ 50-6-207.

Next, the Court must decide if Mr. Gamble is entitled to the recommended left hip

replacement surgery under section 50-6-102(14)(C), which provides, "[a]n injury causes .

. . the need for medical treatment only if it has been shown to a reasonable degree of

medical certainty that it contributed more than fifty percent (50%) in causing the ... need

for medical treatment, considering all causes." In deciding this issue, the Court considers

the Appeals Board's White v. Boles opinion, cited above, for instruction. In White, the

employee claimed he aggravated a preexisting spinal condition at work. The employee

claimed the aggravation constituted a new injury and sought the Court's order requiring

the employer to authorize the fusion surgery recommended by the authorized treating

physician. The employer contended the injurious event did not constitute a new injury

and that the employee was limited to medical benefits under the settlement of a 2014

spinal injury. Furthermore, the employer argued that it was not liable for the

recommended fusion surgery because the underlying condition, degenerative spinal

spondylolisthesis, did not arise primarily out of and in the course and scope of

employment.

The trial court m White awarded benefits and the Appeals Board affirmed,

holding,

We note Employer's argument that the radiological proof, consisting of

MRI films taken before and after the February 11, 2015 accident,

revealed no anatomical change in Employee's spondylolisthesis according

to Dr. Shibayama. However, Dr. Shibayama also testified that ''the

7

condition was exacerbated . . . to the point where treatment and now

surgery is necessary." He further explained that Employee's

spondylolisthesis was previously asymptomatic and the February 11

accident "increased the instability between L4 and L5, which [exacerbated]

his symptoms." Although the expert medical proof is close on this issue,

we conclude that the trial court did not err in finding Employee is likely to

prevail in establishing a compensable aggravation at a trial on the merits.

ld. at *7-8.

While Dr. Bernard did opine that the preexisting avascular necrosis in Mr.

Gamble's left hip accounted for more than fifty percent of the radiographic basis for his

recommendation of hip replacement surgery, he also opined that Mr. Gamble's fall at

Miller Industries caused cartilage to break off and enter the hip joint, resulting in

disabling pain that was not present before the fall occurred. Dr. Bernard stated the fall at

Miller Industries was the "proverbial straw that broke the camel's back" as for Mr.

Gamble's need for left hip replacement surgery. In view of this evidence, the Court finds

that, at a hearing on the merits, Mr. Gamble will likely prevail in establishing that his

need for left hip replacement surgery arose primarily out of and in the course and scope

of employment. 4

Mr. Gamble also seeks temporary disability benefits. He came forward with no

evidence establishing that he missed work due to his work injury. Such evidence is

essential to a temporary disability claim and, accordingly, the Court at this time denies

Mr. Gamble's claim for temporary disability benefits.

IT IS, THEREFORE, ORDERED as follows:

1. Mr. Gamble is entitled to medical benefits for treatment of the left hip and low

back injuries he sustained primarily in the course and scope of his employment by

Miller Industries. Miller Industries and/or its carrier shall promptly initiate this

treatment by scheduling Mr. Gamble for ongoing care by Dr. Matthew Bernard.

2. Mr. Gamble's claim for temporary disability benefits is denied.

4

The Court considered whether it should limit the award here to authorization for the surgery Dr. Bernard

considered to remove the loose body from Mr. Gamble's left hip. In deciding against this result, the Court noted

that the Appeals Board in White affirmed the trial court's rejection of a similar approach recommended by the

employer in that claim. Also, the Court noted that Dr. Bernard made a clear decision that the hip replacement

surgery best suited Mr. Gamble's need for treatment here. The Appeals Board held in Scott v. Integrity Staffing

Solutions, supra at *8, that "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." In furtherance of the above-cited principle, the Court will not deviate

from Dr. Bernard's surgical recommendation.

8

3. This matter is set for a telephonic Status Conference on February 17,2017, at

10:00 a.m. Eastern Time. The parties shall call 855-747-1721 (toll-free) or

615-741-3061 at the scheduled time to participate in the conference. A

party's failure to call in at the scheduled time will result in the Court making

decisions without the absent party's participation.

4. Unless interlocutory appeal of the Expedited Hearing Order is filed, compliance

with this Order must occur no later than seven business days from the date of entry

of this Order as required by Tennessee Code Annotated section 50-6-239(d)(3)

(2016). The Insurer or Self-Insured Employer must submit confirmation of

compliance with this Order to the Bureau by email to

WCCompliance.Program(a),tn.Q:ov no later than the seventh business day after

entry of this Order. Failure to submit the necessary confrrmation within the period

of compliance may result in a penalty assessment for non-compliance. For

questions regarding compliance, please contact the Workers' Compensation

Compliance Unit via email W Comp!iance.Pr gram@tn .gov or by calling (615)

253-1471 or (615) 532-1309.

Judge Thomas Wya

Court of Workers' Compensation Claims

Right to Appeal:

Tennessee Law allows any party who disagrees with this 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

9

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.

10

APPENDIX

Exhibits:

1. Affidavit of Ceasar Gamble;

2. First Report of Injury;

3. Wage Statement;

4. Agreement Between Employer/Employee Choice of Physician form;

5. Medical records of CHI Memorial Hospital;

6. Medical records of Physician's Care;

7. Medical records of Nova Medical Center/Dr. Daniel Callen;

8. Medical records of Spine Surgery Associates/Dr. Alexander Roberts;

9. Medical records of Chattanooga Orthopedic Group/Dr. Matthew Bernard;

10. Job Description;

11. Peer Review documentation; and

12. Notice of Controversy.

Technical record:

1. Petition for Benefit Determination;

2. Dispute Certification Notice, including documents filed after issuance;

3. Request for Expedited Hearing;

4. Employer Position Statement; and

5. Employer's Supplemental Position Statement.

11

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 20th day

ofDecember, 2016.

Name Via Email or Service sent to:

Regular Mail

Ceasar Gamble, X C/0 5131 Mimosa Circle,

Self-Represented Employee Chattanooga, TN 37416

Eric Shen, X Eric.shen@LibertyMutual.com

Employer's Attorney

12

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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