Opinion

Ricks, Carmen v. Methodist Healthcare

  • 2017 TN WC 8
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jan 30, 2017
Status
Published
On the bench
Allen Phillips
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

FILED

January 30, 2017

TN COURT OF

WORKERS’

mS COMPENSATION

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CL ATMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS = time 19-25 PM

AT MEMPHIS

CARMEN L. RICKS, ) Docket No. 2015-08-0454

Employee, )

V. )

METHODIST HEALTHCARE, ) State File No. 93545 2014

Employer, )

And )

PMA GROUP, ) Judge Allen Phillips

Insurance Carrier. )

COMPENSATION HEARING ORDER FOR MEDICAL BENEFITS

(DECISION ON THE RECORD)

This matter came before the undersigned Workers’ Compensation Judge on

January 25, 2017, for a Compensation Hearing. Upon a joint motion, the parties

requested a decision on the record, in lieu of convening an evidentiary hearing. The Court

issued a Docketing Notice listing the documents to be considered. This Court gave the

parties until January 5, 2017, to file objections to the admissibility of the listed

documents and until January 9, 2017, to brief the issues. This Court finds it needs no

additional information to determine the disputed issues. Accordingly, the Court decides

this matter upon a review of the written materials.

The central legal issue is whether Ms. Ricks’ requested mileage reimbursement

constitutes a reasonable medical expense. For the following reasons, the Court holds Ms.

Ricks is entitled to the requested reimbursement.

History of Claim

On October 15, 2015, the parties entered into a settlement agreement that provided

Ms. Ricks future medical benefits. The authorized medical providers for her care are

located in Memphis; Ms. Ricks lives approximately sixty miles away. Methodist refused

to pay Ms. Ricks a mileage reimbursement based upon the distance she traveled between

her home and Memphis. Instead, it offered to pay reimbursement based upon the distance

Ms. Ricks would be required to travel if she made appointments for days that she works

at her new job, nearer to Memphis.

The disagreement prompted Ms. Ricks to file a Petition for Benefit Determination

seeking reimbursement of mileage expenses from her home to her providers. When the

parties could not resolve the dispute through mediation, the mediator issued a Dispute

Certification Notice that listed Methodist’s defense as: “Employee should go to doctor on

her scheduled work days.”

Methodist did not contest the alleged distance Ms. Ricks traveled between her

home and the providers. However, Methodist did contest that the Workers’

Compensation Law requires it to reimburse her for those distances. Instead, Methodist

contended “reasonable” travel expenses are those incurred by Ms. Ricks for traveling

between her current employer and her providers. Methodist argued the law does not

require it to pay a larger mileage reimbursement because of Ms. Ricks’ choice to travel

from her home to the providers, a practice “which she finds to be more convenient for

her.” Methodist contended its position of paying only mileage between her current

employer and her providers is an “equitable result,” and the amount “she would be paid if

she was still working for Methodist.”

Ms. Ricks admitted she scheduled appointments on her days off from her new job.

She explained that “scheduling doctor’s visits on her work days would mean a loss of real

wages for which [Methodist] is not responsible for covering or reimbursing.” Thus, to

avoid a wage loss, she is required to travel from her home to Memphis, a roundtrip of

over sixty miles, and has incurred, to date, $221.29 in mileage expenses. (Ex. 1.) She

asked the Court to order Methodist “to reimburse her for the mileage she actually traveled

from her home to her doctor’s appointments.” T.R. 4 at 4.

Findings of Fact and Conclusions of Law

Standard Applied

Because the sole issue is one of statutory interpretation, the Court must determine

the reasonableness of Ms. Ricks’ request by construing the applicable law fairly,

impartially, and in accordance with basic principles of statutory construction.” It cannot

construe the statute “remedially or liberally” in favor of Ms. Ricks, but instead must favor

neither she nor Methodist. Tenn. Code Ann. § 50-6-116 (2016).

Analysis

Tennessee Code Annotated section 50-6-204(a)(6)(A) provides that: “When an

injured employee is required to travel to an authorized medical provider or facility

located outside a radius of fifteen (15) miles from the insured worker’s residence or

workplace, then, upon request, the employee shall be reimbursed for reasonable travel.”

Though the parties agreed this statute is controlling, they disagreed regarding its

application. Hence, the Court must determine the correct application and, for the

following reasons, holds the interpretation offered by Ms. Ricks is proper.

When analyzing a statute’s meaning, the Workers’ Compensation Appeals Board

directs the Court to begin its analysis by looking to the language of the statute itself. Syph

v. Choice Food Grp., Inc., 2016 TN Wrk. Comp. App. Bd. LEXIS 18, at *9 (Apr. 21,

2016). In so doing, the Court must define the statute’s words by their plain and ordinary

meaning in the context in which they are used. /d. at *29. It must avoid a construction

that unduly restricts or expands the meaning of the language used, as every word is

presumed to have meaning and purpose. Jd. at *29-30. As the Appeals Board reminds,

when the words of a statute “clearly mean one thing, the courts cannot give them another

meaning under the guise of construing them.” Hadzic v. Averitt Express, 2015 TN Wrk.

Comp. App. Bd. LEXIS 14, at *8 (May 18, 2015).

Turning to the statute, Section 50-6-204(a)(6)(A) requires reimbursement of travel

expenses when the authorized provider is fifteen or more miles from the “insured

worker’s residence or workplace.” (Emphasis added). It is generally accepted that “the

word ‘or,’ as used in a statute, is a disjunctive article indicating that the various members

of the sentence are to be taken separately.” Leab v. S & H Mining Co., 76 8.W.3d 344,

349 (Tenn. 2002), citing 73 Am. Jur. 2d Statutes § 241 (1974). Likewise, the word “or,”

in its general use, is defined as “a function word to indicate an alternative.”

www.merriam-webster.com/dictionary/or (last visited Jan. 20, 2017).

Thus, the Court finds the statute requires Methodist to reimburse Ms. Ricks for

mileage expenses incurred when traveling from either her home or her workplace. The

Court respectfully disagrees with Methodist when it argues that Ms. Ricks cannot “pick

and choose how [she] wishes to be reimbursed.” Instead, the statute actually provides that

she might be reimbursed for either her mileage expenses from home or her mileage

expenses from her workplace, not the lesser of the two. If the Court were to hold

otherwise, it would ignore the clear use of the word “or” in the statute; an action

forbidden by controlling authority. Syph, at *29-30. Likewise, the Court would also

expand the meaning of the statute, another action forbidden by Syph, if it grafted onto the

statute a directive that Methodist need only reimburse Ms. Ricks for the lesser of the two

distances. Because the statute clearly allows for reimbursement of either the distance

from Ms. Ricks’ home or her workplace, the Court construes it to mean exactly that;

reimbursement for either distance regardless of which is the lesser.

The Court reaches the same conclusion when construing the statute’s use of the

word “reasonable.” Methodist contends it is reasonable for it to reimburse Ms. Ricks for

traveling only the shorter distance between her new job and her doctors’ offices. In so

doing, it points to what it calls improper reliance of Ms. Ricks upon Maupin v. Methodist

Medical Ctr., No. E1999-02181-WC-CV 03S01-9901-CC-00009, 2000 Tenn. LEXIS 102

(Tenn. Workers’ Comp. Panel Mar. 2, 2000). There, the employee was unable to work.

Thus, she had to travel from her home to her doctor appointments. Jd. at *2. The

employer contended, as does Methodist in this case, that the employee should be

reimbursed only for the shorter distance between the employer’s location and the

provider. Jd. at *3. The Maupin panel found that the employee might receive

reimbursement from her home even if it were further from the providers than her

employer. Jd. But, as pointed out by Methodist, the Maupin panel specifically referenced

the liberal construction of the Workers’ Compensation Law required at the time. Thus,

this Court will not rely upon Maupin as Ms. Ricks urges it to do.

However, the Court need not shackle the word “reasonable” to a more restrictive

definition because the Legislature abrogated the liberal presumption. To the contrary,

“reasonable” now means, as it did before the Reform Act of 2013, as follows: “having

sound judgment; fair and sensible.” www.google.com/search/resonable. (last visited Jan.

20, 2017). It is now, just as before, synonymous with “rational, logical, fair, just and

equitable.” Jd. Hence, when this Court construes section 50-6-204(6)(A) fairly and

impartially, it will consider reasonableness just as Tennessee courts always have; namely,

it will determine what is reasonable based “upon all the particular facts of [the] case.”

Trent v. Am. Serv. Co., 206 S.W.2d 301, 304 (Tenn. 1947).

Here, Ms. Ricks endeavors to set her appointments with approved providers on

days she is not scheduled to work at her new job. The Court finds this to be reasonable.

To hold otherwise limits her earning capacity and reduces her wages. This is contrary to

her rehabilitation, which is an attribute of an effective workers’ compensation system.

The Court rejects Methodist’s argument that if it still employed Ms. Ricks it would set

her appointments on workdays rather than off days, thus limiting her to a lower

reimbursement. The Court finds such irrelevant to the case; now that Ms. Ricks no longer

works for Methodist, it no longer controls how her wages are paid. Accordingly, it should

not choose how to reimburse her for mileage expense. According to the statute’s own

terms, Ms. Ricks may receive reasonable reimbursement for mileage expenses from

either her home or workplace and choosing to earn a wage is reasonable and should not

lessen her recovery.

IT IS, THEREFORE, ORDERED as follows:

1.

ENTERED this the 30 day of January, 201

Methodist shall pay Ms. Ricks mileage reimbursement in the amount of $221.29.

Further, Ms. Ricks shall receive future reimbursement of mileage consistent with

this order, namely reimbursement of mileage expenses incurred in travel from

either her home or her workplace to the offices of approved medical providers.

Costs of this cause of $150.00 are assessed against Methodist Healthcare pursuant

to Tenn. Comp. R. and Reg. 0800-02-21-.07 (2015), to be paid directly to the

Clerk within five (5) business days of the date this Order, becomes final.

Allen Phillips, Judge\,

Court of Workers’ Compensation Claims

APPENDIX

Technical record:

2).

Petition For Benefit Determination

Dispute Certification Notice

Docketing Notice For Compensation Hearing

Employee’s Brief

Employer’s Pre-Expedited [sic] Hearing Brief

Exhibit:

iF

Employee’s Chart showing her mileage expenses

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Compensation Hearing Order was sent to the

following recipients by the following methods of service on this the 30" day of January, 2017.

Name Via Email Service Sent To:

William B. Ryan, Esq., Xx billy@donatilaw.com

Attorney for Employee

Kevin W. Washburn, Esq., x kwashburn@allensummers.com

Attorney for Employer

Mop eu Mum

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

5

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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