Opinion

Bates, Royella v. US Farathane

  • 2017 TN WC 239
Court
Tennessee Court of Workers' Compensation Claims
Filed
Dec 28, 2017
Status
Published
On the bench
Amber E. Luttrell
Cited by
0 cases
Authority
More cited than 12.5%

The opinion

F1LED

TENNESSEE BUREAU OF WORKERS' COMPENSATION

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 'IN COIDRl" OF

AT JACKSON W O:RK:ERS'

COMP'ENSA'I~ON

ROYELLA BATES, O.Al.\-IS

) Docket No. 2017-07-0188

Employee, ) 3:25 P'_M.

v. ) State File No. 69518-2015

US FARATHANE, )

Self-Insured Employer. ) Judge Amber E. Luttrell

COMPENSATION HEARING ORDER

This matter came before the Court on December 1, 201 7, for a Compensation

Hearing. The central legal issues are whether Ms. Bates established by a preponderance

of the evidence that her injury arose primarily out of and in the course and scope of her

employment and whether she is entitled to permanent partial disability benefits and future

medical benefits. A secondary issue is whether Ms. Bates is entitled to discretionary

costs. For the reasons set forth below, the Court holds Ms. Bates met her burden of proof

and awards her twelve-percent permanent partial disability to the body as a whole.

Additionally, the Court grants her request for discretionary costs.

History of Claim

Ms. Bates worked for US Farathane as a parts inspector. On July 23, 2015, Ms.

Bates bent down to inspect a part, stood back up, and saw a tow motor coming towards

her. She testified the tow motor hit some totes. The totes knocked her backwards into

another machine, hitting the right side of her low back. She reported her injury and

finished her shift. The next morning, she experienced soreness on the right side of her

back extending down the back of her leg to her foot. She went to work, reported her

symptoms, and requested medical treatment.

US Farathane initially accepted Ms. Bates' claim and provided her authorized

treatment with primary care physicians and physical therapists at Physician's Quality

Care (PQC), Drs. Michael Cobb and Timothy Sweo, orthopedic surgeons, and Dr. John

Brophy, a neurosurgeon. Ms. Bates selected PQC and Dr. Brophy from panels provided

1

by US Farathane. 1 She later sought unauthorized treatment with Dr. Akin, a

neurosurgeon, and an evaluation with Dr. Samuel Chung. The parties took the

depositions of Dr. Cobb, Dr. Brophy, and Dr. Chung and introduced the following

medical proof.

Medical Treatment and Physicians' Testimony

a. Physicians' Quality Care

Ms. Bates initially saw Dr. Inman the day after the injury. Dr. Inman documented

her history of injury and noted she complained of back, neck, and right knee pain. She

received conservative treatment with different physicians and therapists at PQC for those

conditions. Her physical therapy records indicated she consistently complained of right-

sided pain and parasthesia radiating into her posterior thigh. (Ex. 8.) At her last doctor's

visit, Ms. Bates reported continued muscle pain and stiffness in her upper and lower back

with pain radiating into her right buttock and posterior thigh. The physicians referred her

to an orthopedic specialist for further treatment due to these complaints.

b. Drs. Cobb and Sweo

Ms. Bates presented to Dr. Cobb for her back, right knee, and neck complaints. Dr.

Cobb examined her, reviewed her x-rays and diagnosed neck, low back and knee strains.

He testified he found no serious injury and encouraged her to continue home exercises.

(Ex. 4 at 15.) Ms. Bates returned for a follow-up visit and described widespread pain in

the back of her chest running down her right thigh. Dr. Cobb testified he examined her

lower extremities for signs of a back or nerve injury but found none. He released Ms.

Bates at maximum medical improvement with no permanent impairment. /d. at 17-18.

Ms. Bates requested a second opinion, and US Farathane permitted her to see Dr.

Timothy Sweo. She complained to Dr. Sweo of moderate to severe symptoms in her back

radiating down her right leg. She further described decreased mobility and limping. On

exam, Dr. Sweo noted markedly straight-leg raise pain on the right with weakness. He

stated her "main problem continues to be some right-sided lower back pain with probable

L3 or 4 sciatica on the right side. X-rays show degenerative change but also show

calcification consistent with a posterior facet fracture possibly." (Ex. 10.) Dr. Sweo

ordered a lumbar MRI and prescribed pain medication.

US Farathane sent Ms. Bates back to Dr. Cobb for the MRI and any further

treatment. She again complained of low back and right leg pain. Dr. Cobb testified that

her complaints were basically unchanged except she now described pain down her right

1

The parties presented no proof to indicate Dr. Cobb was a panel-selected physician. However, the

parties stipulated Dr. Cobb was an authorized treating physician.

2

leg and she previously described pain coming from the back of the chest down to the

thigh. Dr. Cobb examined Ms. Bates' reflexes and motor function; they were normal. He

stated she was "a little uncomfortable" on the right straight-leg raise test. Following the

MRI, Dr. Cobb saw her one last time. He testified that leg pain could indicate a disc issue

impinging on a nerve. !d. at 36. He reviewed her MRI films and concluded Ms. Bates had

stenosis, which he stated was very common. 2 He noted the MRI indicated a disc

protrusion and referred Ms. Bates to a neurosurgeon. Dr. Cobb diagnosed lumbar stenosis

with aggravation and protruding disc. !d. at 26-27.

Dr. Cobb declined to give an opinion regarding medical causation. He testified he

would defer to the neurosurgeon for an opinion concerning any anatomic change on Ms.

Bates' MRI. He stated, "Disc protrusions can occur degeneratively, they can occur

traumatically, and I'm testifying that I'm not the expert on that." !d. at 27.

c. Dr. Brophy

Ms. Bates next saw Dr. Brophy for her back and right leg complaints. He took a

detailed history of her injury and noted she stated her right lower extremity pain began

within a week of her injury. (Ex. 5 at 10.) She denied any previous history of back

problems requiring medical treatment. On exam, Ms. Bates' only abnormal tinding was a

positive right straight-leg raise test.

Dr. Brophy reviewed the MRI films and noted it "demonstrated a minimal

degenerative L4-5 spondylolisthesis associated with hypertrophy of the facet joints as

well as a small synovial cyst and foramina! far lateral herniated disc on the right." He

further noted degenerative changes at multiple levels. (Ex. 5 at 12.) He diagnosed

"lumbar radiculopathy secondary to degenerative L4-5 spondylosthesis associated with a

small right synovial cyst and a foramina! far lateral disc herniation on the right at L4-5."

!d. at 14. Dr. Brophy discussed treatment options, which included a selective right L4

nerve injection. If conservative measures failed, Dr. Brophy stated she would be a

candidate for a decompression and fusion. Ms. Bates preferred the nerve root injection.

Dr. Brophy testified her degenerative changes at L4-5 were "pretty bad" and she would

probably require surgery at some point.

Regarding causation, Dr. Brophy noted in his record "her preexisting degenerative

changes are the primary cause of her current radicular pain and, therefore, further

treatment would be more appropriately handled through her personal insurance." US

Farathane asked, "In your opinion the condition you diagnosed ... was her employment,

the incident she described to you at work, a greater than fifty percent cause of the

condition you diagnosed considering all causes and factors?" Dr. Brophy responded,

"[M]ore than fifty percent was related to the pre-existing degenerative changes."

2

Dr. Cobb testified stenosis means narrowing of the canal where the nerves exit. (Ex. 4 at 26.)

3

US Farathane questioned Dr. Brophy further regarding the relationship between

the disc herniation and the timing of Ms. Bates' onset of leg pain. Dr. Brophy stated,

"[W]e really never know when the disc herniation occurred. We only know when the leg

pain began, and that's how we sort through the causation question; and the accuracy of

the history is essential." !d. at 18. Counsel then told Dr. Brophy that Dr. Cobb stated Ms.

Bates did not report her leg pain until six months following the accident and asked,

"Assuming Dr. Cobb's history is accurate ... would that make it more likely or less

likely that there is any relationship between the ruptured disc found on the MRI and the

July incident that Ms. Bates reported?" Dr. Brophy responded "less likely."

Dr. Brophy testified her condition qualified for a permanent impairment rating but

declined to provide one based on his determination that "the causation question has been

determined degenerative." !d. at 20.

On cross-examination, Dr. Brophy testified he had no reason to believe Ms. Bates

had radiating leg pain before her accident. He confirmed Ms. Bates told him her leg pain

began within a week of the accident. Ms. Bates' counsel asked, "If her leg symptoms

occurred after her accident, it would make it more likely that the accident caused the disc

rupture?" Dr. Brophy responded, "Well, whether it caused or aggravated, it's one of those

two things."

d. Dr. Chung

Ms. Bates later saw Dr. Chung for an independent medical evaluation. Following

an exam, Dr. Chung diagnosed "residual from lower back injury causing multi-level disc

rupture with ongoing right lumbar radiculopathy." He assigned a fifteen-percent

permanent impairment to the body as a whole.

Regarding causation, Dr. Chung testified that,

[Ms. Bates] clearly had some degeneration in her back to begin with.

However, when the incident occurred ... that caused a traumatic effect of

her lumbar spine and more likely than not, that was the evidence where she

was found to have some spondylolisthesis or the slippage of the L4 and 5

lumbar spine on the MRI findings, . . . as well as persistent symptoms of

that right lumbar radicular symptoms. They came about after she had this

incident. So that's clearly a causation of her symptoms that came after.

He further testified to a reasonable degree of tp.edical certainty that "fifty-one percent or

more was caused by her work incident." (Ex. 3 at 13.)

Dr. Chung found it significant that Ms. Bates had no prior history of radiculopathy

4

or back problems. He stated if she had symptoms prior to the injury, it would be difficult

to ascertain which came first. Moreover, he testified, "In this case, she has an event of

injury, and then she has clear clinical symptoms that followed [the] path of that particular

nerve root and radicular symptoms; ... [and] MRI findings also points [sic] to the area

where the clinical symptoms may be arising from." He concluded, "[T]he puzzle seems

to fit in this case that points to ... clear symptoms of lumbar radiculopathy on the right

side, and that points to the ... imaging findings as well." Id. at 16.

On cross-examination, Dr. Chung agreed the timing of the onset of Ms. Bates'

radicular symptoms was important to his causation opinion. He agreed that if Ms. Bates

did not report radicular symptoms until six months after the injury, it would be less likely

that the injury caused it. Id. at 18-19. Counsel challenged Dr. Chung regarding his

utilization of Class 3 for rating Ms. Bates, which requires disc herniation at multiple

levels. Dr. Chung agreed the MRI only indicated a true disc herniation at one level: L4-5.

Id. at 24. Counsel asked Dr. Chung, "if there's only a disc at one level with residual

radiculopathy, based upon your findings in this case, the actual rating, it should be under

column two." 3 Dr. Chung responded, "Yes." He further stated the rating would be twelve

percent, which is the default rating under Class 2.

Hearing Testimony

a. Ms. Bates

Ms. Bates denied any prior injury to her back or leg and any symptoms in her back

or leg before the work injury. She testified she did not miss work following her injury

and continued working full-duty. However, she continued to experience pain in her back

and leg and could not move as quickly as she did before the injury. Ms. Bates now works

as a quality auditor at US Farathane, a less physically-demanding but higher-paying

position. Ms. Bates stated she is not as active outside of work as she was before her

lllJUry.

As for the onset of her leg symptoms, Ms. Bates disputed Dr. Cobb's testimony

that she did not report any leg pain to him initially. She maintained her leg symptoms

began shortly after the injury and that she reported it to her treating providers.

Ms. Bates' sister, Vanilsa Bates, and father, Roger Stewart, testified that she is not

as active as she was before the injury. Neither Ms. Bates' sister nor Mr. Stewart observed

any problems with Ms. Bates' back before her work injury. Now, Mr. Stewart notices her

"dragging her leg."

3

The Court takes judicial notice of Table 17-4 of the AMA Guides Sixth Edition. Class 2 provides the

range of ratings for a intervertebral disc herniation at a single level with medically-documented

radiculopathy at the clinically appropriate level.

5

Findings of Fact and Conclusions of Law

Standard Applied

At a Compensation Hearing, Ms. Bates must establish all elements of her claim by

a preponderance of the evidence. Tenn. Code Ann.§ 50-6-239(c)(6) (2017).

Analysis

US Farathane agreed that Ms. Bates had an incident identifiable by time and place

of occurrence as required by Tennessee Code Annotated section 50-6-102(14)(A). It

stipulated she properly reported the incident and it initially provided authorized

treatment. The issue is whether Ms. Bates established by a preponderance of the evidence

that her work incident contributed more than fifty percent in causing her disablement or

need for additional medical treatment, considering all causes. Tenn. Code Ann. § 50-6-

102(14)(B). To resolve this issue, the Court must weigh the competing causation opinions

from Dr. Brophy and Dr. Chung. Ms. Bates selected Dr. Brophy from a panel; thus, his

opinion is presumed correct, subject to rebuttal by a preponderance of the evidence.

Tenn. Code Ann. § 50-6-1 02(14 )(E). In analyzing the conflicting medical opinions, the

Court may consider the experts' qualifications, the circumstances of their examination,

the information available to them, and evaluation of that information through other

experts. Brees v. Escape Day Spa & Salon, 2015 TN Wrk. Comp App. Bd. LEXIS 5, at

*14(Mar.12,2015).

Applying the first factor, the Court finds both physicians are board-certified in

their respective fields. Dr. Brophy is a board-certified neurosurgeon, and Dr. Chung is

board-certified in physical medicine and rehabilitation and independent medical

evaluations. The Court finds both physicians are experienced in their respective fields

and well-qualified to give causation opinions in workers' compensation claims.

Regarding the circumstances of the evaluation, the Court finds both Dr. Brophy

and Dr. Chung saw Ms. Bates once only. Dr. Brophy thoroughly examined Ms. Bates and

reviewed the MRI film and x-rays. He had her treatment records in his file but was

uncertain when he reviewed them. The Court finds Dr. Chung also thoroughly examined

Ms. Bates and reviewed her treatment records, MRI report, and x-rays. The

circumstances of evaluation are likewise not determinative.

The Court turns to the physicians' testimony regarding causation, as well as the

lay proof, to analyze whether Ms. Bates successfully rebutted the statutory presumption

afforded Dr. Brophy causation opinion. The Court finds she did.

Dr. Brophy diagnosed lumbar radiculopathy for which he recommended additional

6

treatment. However, Dr. Brophy found Ms. Bates' MRI revealed degenerative changes

and as a result concluded that her work injury did not contribute more than fifty percent

in causing her radicular symptoms and need for treatment. Dr. Chung concluded that the

work accident caused fifty-one percent or more of the trauma to her lumbar spine and

resulting lumbar radiculopathy.

"When faced with conflicting medical testimony, the Court must use its discretion

in accepting one expert opinion over another and, in so doing, may consider which

opinion contains the more probable explanation." Sanker v. Nacarato Trucks, Inc., 2016

TN Wrk. Comp. App. Bd. LEXIS 27, at * 12 (July 6, 2016). Further, and of particular

importance here, Tennessee law has long held that medical proof is not to be "read and

evaluated in a vacuum" but, instead "must be considered in conjunction with the lay

testimony of the employee as to how the injury occurred and the employee's subsequent

condition." Thomas v. Aetna Life and Cas. Co., 812 S.W.2d 278, 283 (Tenn. 1991).

The Court finds Dr. Chung offered the more probable explanation regarding

causation of Ms. Bates' lumbar radiculopathy. While Dr. Chung may not have "couched

his opinion in a rigid recitation of the statutory definition of injury," our Appeals Board

has concluded that a physician need not use particular words or phrases included in the

statute to establish the requisite medical proof to succeed at trial. "What is necessary,

however, is sufficient proof from which the trial court can conclude that the statutory

requirements of an injury as defined in 50-6-102(14) are satisfied." Panzarella v.

Amazon.com, Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 30, at *14 (May 15, 2017).

The Court finds Dr. Chung's explanation fits with Ms. Bates' uncontroverted and

credible testimony that she had no symptoms in her back or right leg before July 23,

2015, but after that date she suffered pain that radiated down her right leg for which she

required treatment. Notably, Dr. Brophy also acknowledged the significance of the onset

of leg pain to the causation analysis. He stated, "[W]e really never know when the disc

herniation occurred. We only know when the leg pain began, and that's how we sort

through the causation question." Ms. Bates' counsel asked Dr. Brophy, "[i]f her leg

symptoms occurred after her accident, it would make it more likely that the accident

caused the disc rupture?" He responded, "Well, whether it caused or aggravated, it's one

of those two things."

Dr. Brophy's causation optmon is presumed correct subject to rebuttal by a

preponderance of the evidence. See Tenn. Code Ann. § 50-6-102(14)(E). However, the

Court finds Dr. Chung's opinion rebuts Dr. Brophy's opinion based upon the above

findings. US Farathane further challenged the accuracy of Ms. Bates' reported onset of

leg pain. It argued, through Dr. Brophy's testimony, that Ms. Bates' lumbar

radiculopathy was "less likely" to be related to her work injury because it contended she

did not report any leg pain to Dr. Cobb until January 2016, six months after her work

injury. It also pointed to PQC records and argued she only reported back, right knee, and

7

neck complaints to th.ose providers. The Court disagrees with US Farathane's position.

The Court finds the medical records are replete with Ms. Bates' complaints of

right leg and/or thigh pain or paresthesia. On July 29, six days following the injury,

PQC' s record noted her complaints of right hip/thigh pain. On neurological exam, the

provider noted "tenderness/spasm- right thigh." PQC's physical therapy notes indicated

she consistently reported radiating pain into her posterior and lateral right thigh. The

therapist documented her leg complaints on August 19, 25, 27, and 28. The therapist

noted Ms. Bates requested a MRI on August 28 because of her lack of improvement in

her leg symptoms. At a follow-up visit to one of the PQC physicians on August 26, she

described radiating pain down her right leg. While Dr. Cobb denied she reported

radicular pain until January 2016, his note of October 29, 2015, indicated she reported

pain in the back of her chest extending down into her right thigh. She later reported her

radiating leg pain to Dr. Cobb, Dr. Sweo, and Dr. Brophy.

The Court finds the totality of the medical records support Ms. Bates' credible

testimony regarding the onset of her leg complaints shortly following the injury. Thus,

the Court finds Dr. Brophy's testimony- that any relationship between her herniated disc

and work injury was "less likely" given a six-month delay in the onset of leg symptoms-

was based on inaccurate facts. In other words, the facts do not support the argument that

Ms. Bates' radicular symptoms began too late to have been caused by her work injury.

Accordingly, upon thorough consideration of the preponderance of the evidence,

the Court holds Ms. Bates rebutted the presumption of correctness of Dr. Brophy's

causation opinion.

Extent of disability

To determine the extent of Ms. Bates' permanent partial disability, the Court must

consider the competing physicians' impairment opinions. The Court gives little weight to

Dr. Cobb's opinion that Ms. Bates sustained no permanent impairment. Dr. Cobb saw

Ms. Bates only twice before giving his impairment opinion. He later saw her two more

times after her second opinion with Dr. Sweo, ordered a lumbar MRI, and referred her to

a neurosurgeon for treatment of her back injury. He deferred to Dr. Brophy regarding Ms.

Bates' back injury and causation. Dr. Cobb never saw Ms. Bates again following her visit

with Dr. Brophy.

Dr. Brophy testified Ms. Bates' disc herniation with radiculopathy or her

spondylosis qualified for impairment under the Sixth Edition of the AMA Guides, but he

did not assign an impairment rating due to his negative causation opinion.

Dr. Chung assigned Ms. Bates a fifteen-percent impairment rating after placing

her condition in Class 3 of Table 17-4, which requires disc herniation at multiple levels.

8

However, Dr. Chung agreed on cross-examination that the MRI only indicated a disc

herniation at one level: L4-5. Counsel asked Dr. Chung, "if there's only a disc at one

level with residual radiculopathy, based upon your findings in this case, the actual rating,

it should be under column two." 4 Dr. Chung responded, "Yes." He further stated the

rating would be twelve percent, which is the default rating under Class 2. The Court finds

Dr. Chung correctly revised his impairment rating to twelve-percent impairment based on

a single level disc herniation with residual radiculopathy. Based on Dr. Brophy's

testimony that Ms. Bates' condition qualified for permanent impairment and Dr. Chung's

testimony, the Court finds Ms. Bates sustained twelve-percent permanent impairment to

the body as a whole from her work injury.

The Workers' Compensation Law provides that 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. § 506-207(3)(A). Because Ms. Bates returned to

employment at the same or greater wage during her initial compensation period, she is

limited to these benefits and not entitled to any enhancement factors. It follows that Ms.

Bates sustained twelve-percent permanent partial disability or a period of fifty-four

weeks. At her stipulated compensation rate of $459.49, the Court concludes Ms. Bates is

entitled to permanent partial disability benefits totaling $24,812.46.

Future medical benefits

Ms. Bates is entitled to lifetime future medical benefits made reasonably necessary

by her L4-5 injury and resulting radiculopathy. Tenn. Code Ann. § 50-6-204(a)(1)(A).

Dr. Brophy shall remain the authorized treating physician.

Discretionary costs

Ms. Bates filed a Motion to Assess Discretionary Costs. The Workers'

Compensation Law allows the Court to award discretionary costs for these expenses as

reasonable expert deposition fees. Tenn. Code Ann. § 50-6-239(c). Additionally,

Tennessee Rule of Civil Procedure 54.04(2) also provides for the recovery of certain

discretionary costs. See also Garassino v Western Express 2016 TN Wrk. Comp. App.

Bd. LEXIS 82, at *12 (Nov. 7, 2016). Ms. Bates requested discretionary costs totaling

$1,249.75 representing the following itemized costs:

1. Deposition fee ofDr. Samuel Chung $750.00

2. Employee's deposition transcript $167.00

4

The Court takes judicial notice of Table 17-4 of the AMA Guides Sixth Edition. Class 2 provides the

range of ratings for a intervertebral disc herniation at a single level with medically documented

radiculopathy at the clinically appropriate level.

9

3. Dr. Chung's deposition transcript $179.75

4. Dr. Cobb's deposition transcript $ 78.00

5. Dr. Brophy's deposition transcript $ 75.00

Ms. Bates argued that these expenses are accurate, reasonable, and necessary in the

preparation for trial and are recoverable costs under Tennessee Rules of Civil Procedure

54-02(2) and 59.0 1. The Court holds $1,249.7 5 are recoverable discretionary costs.

The Court further holds Ms. Bates' counsel is entitled to a reasonable attorney's

fee of twenty-percent of her award.

IT IS, THEREFORE, ORDERED as follows:

1. Ms. Bates shall recover from US Farathane permanent partial disability benefits in

the amount of$24,812.46.

2. Ms. Bates shall receive future medical benefits under the statute.

3. Ms. Bates is awarded a total amount of $1,249.7 5 for discretionary costs.

4. Ms. Bates' attorney is awarded a twenty-percent attorney's fee and any incurred

expenses to be paid from Ms. Bates' award.

5. Absent an appeal of this order by either party, the order shall become final thirty

days after issuance.

6. Costs of $150.00 are assessed against US Farathane under Tennessee Compilation

Rules and Regulations 0800-02-21-.07 (20 16), to be paid within five days of this

order becoming final.

7. US Farathane shall prepare and file a statistical data form within ten business days

of the date of this order under Tennessee Code Annotated section 50-6-224.

ENTERED this the 28th day of December, 2017.

JUDGE AMBER E. LUTTRELL

Court of Workers' Compensation Claims

10

APPENDIX

Stipulated Findings of Fact:

1. The date of injury was July 23, 2015.

2. Ms. Bates gave proper notice to US Farathane on July 23, 2015.

3. Ms. Bates is 53 years of age, a resident of Madison County, completed the 12th

grade, and obtained a high school diploma or GED.

4. No temporary disability benefits are owed.

5. Ms. Bates returned to work for US Farathane, earning the same or greater wages

as she was earning prior to the injury.

6. The compensation rate is $459.49.

Exhibits:

1. First Report of Work Injury or Illness

2. Panel ofphysicians-PQC (2a.); Panel ofPhysicians-Dr. Brophy (2b.)

3. Dr. Chung's deposition

4. Dr. Cobb's deposition

5. Dr. Brophy's deposition

6. Employee's Motion to Assess Discretionary Costs

7. Employee's Answers to Employer's Interrogatories and Request for Production of

Documents

8. PQC medical records

9. Dr. Cobb's medical records

10. Dr. Sweo's medical records

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Scheduling Hearing

4. Scheduling Order

5. Petition for Benefit Determination (post-discovery)

6. Dispute Certification Notice (post-discovery)

7. Employee's Trial Brief

8. Employee's Notice of Proposed Witnesses and Exhibits

9. Employer's Trial Brief

10.Employer's Notice of Filing Depositions and Proposed Exhibits

11. Pre-Compensation Hearing Statement

11

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 28th

day ofDecember, 2017.

Name Via Email Service sent to:

David Hardee, Esq., X dhardee@hmdlawl.com

Employee's Counsel kperry@hmdlaw l.com

John Burleson Esq., X jburleson@raineykizer.com

Employer's Counsel cjordan@raineykizer.com

_& ),tak--'

Penny S r. m, Clerk of Court

Court of orkers' Compensation Claims

WC.CourtClerk@tn.gov

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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