Opinion

Blankenship, Roma v. Ballad Health

  • 2020 TN WC 37
Court
Tennessee Court of Workers' Compensation Claims
Filed
Mar 5, 2020
Status
Published
On the bench
Brian K. Addington
Cited by
0 cases

The opinion

FILED

Mar 05, 2020

03:35 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT GRAY

ROMA BLANKENSHIP, ) Docket No.: 2019-02-0171

Employee, )

v. ) State File No.: 21230-2019

BALLAD HEALTH, )

Self-Insured Employer. ) Judge: Brian K. Addington

EXPEDITED HEARING ORDER

(DECISION ON THE RECORD)

This claim came before the Court on Ms. Blankenship’s Request for an Expedited

Hearing on the record. Ms. Blankenship asked the Court to order temporary disability

and medical benefits. 1 For the reasons below, the Court denies her claim for benefits.

Claim History

Ms. Blankenship worked for Ballad Health as a CNA. In November 2018, she

complained to her unit manager about working excessive hours and caring for many

patients. She also reported swollen ankles, but she did not allege a work injury. Ballad

did not file an injury report.

After Ms. Blankenship’s complaint, she sought treatment with Dr. William

Brashear in December. Dr. Brasher prescribed Lyrica and took her off work. However,

Ms. Blankenship did not file any medical records from Dr. Brashear for 2018. She last

worked on December 25, 2018.

Due to continued complaints, Ballad filed an injury report and sent Ms.

Blankenship to Dr. Michael Anders in February 2019. She complained of left- and right-

knee pain and ankle swelling, which was “made worse by prolonged walking, stairs.”

She reported her work as a CNA over the years caused her problems. After examining

1

This is Ms. Blankenship’s second request for an expedited hearing on the record. The Court previously

denied her request for medical and temporary disability benefits.

1

Ms. Blankenship, Dr. Anders could not causally relate her current symptoms to her

work. 2

After seeing Dr. Anders, Ms. Blankenship returned to Dr. Brashear with continued

pain. He assessed bilateral patellofemoral osteoarthritis, stating “I do feel this is an

exacerbation of an underlying problem.” Dr. Brashear continued her Lyrica prescription

and released her for full-duty work in March 2019.

Findings of Fact and Conclusions of Law

The issue is whether Ms. Blankenship injured her ankles and knees at work. To

receive benefits, Ms. Blankenship must show she would likely prevail at a hearing on the

merits that she suffered a specific injury or aggravation of a pre-existing condition by

accident arising primarily out of and in the course and scope of employment that caused

the need for medical treatment. See Tenn. Code Ann. §§ 50-6-102(14); 50-6-239(d)(1)

(2019). This requires expert medical proof. See Albright v. Hercules HVAC Pads, Inc.,

2018 TN Wrk. Comp. App. Bd. LEXIS 66, at *13 (Dec. 20, 2018).

Here, two physicians examined Ms. Blankenship, and neither causally related her

ankle and knee conditions to her work for Ballad. The Court acknowledges that Ms.

Blankenship feels her condition is work-related, but she presented no new medical

evidence to support her claim. Therefore, the Court holds she is not entitled to medical or

temporary disability benefits at this time.

IT IS, THEREFORE, ORDERED AS FOLLOWS:

1. The Court denies Ms. Blankenship’s request for temporary and medical

benefits at this time.

2. This case is set for a Status Hearing on April 28, 2020, at 10:30 a.m. Eastern

Time. The parties must call 855-543-5044 to participate. Failure to call at the

scheduled time might result in the determination of issues without the party’s

participation.

2

Dr. Anders used an incorrect standard. The correct standard is whether the employment contributed

more than fifty percent in causing the injury. Tenn. Code Ann. § 50-6-102(14)(B).

2

ENTERED March 5, 2020.

_/S/ Brian K. Addington_________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims

Appendix

Exhibits:

1. Ms. Blankenship’s Affidavit

2. Medical Record-Occupational Medicine Clinic (2/5/19)

3. Medical Record-Appalachian Orthopedic Associates (3/12/19-3/26/19)

4. Job Description

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Ballad Health’s Response to Request for Expedited Hearing

3

CERTIFICATE OF SERVICE

I certify a copy of this Order was sent as indicated on March 5, 2019.

Name Certified Fax Email Service sent to:

Mail

Roma Blankenship, X 140 Painter Rd.

Employee Fall Branch, TN 37656

catherine62kylie@gmail.com

Michael Forrester, X mforrester@hsdlaw.com

Employer’s Attorney X amcknight@hsdlaw.com

______________________________________

PENNY SHRUM, COURT CLERK

Court of Workers’ Compensation Claims

wc.courtclerk@tn.gov

4

Expedited Hearing Order Right to Appeal:

If you disagree with this Expedited Hearing Order, you may appeal to the Workers’

Compensation Appeals Board. To appeal an expedited hearing order, you must:

1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the

Clerk of the Court of Workers’ Compensation Claims within seven business days of the

date the expedited hearing order was filed. When filing the Notice of Appeal, you must

serve a copy upon all parties.

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten

calendar days after filing of the Notice of Appeal. Payments can be made in-person at

any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the

alternative, you may file an Affidavit of Indigency (form available on the Bureau’s

website or any Bureau office) seeking a waiver of the fee. You must file the fully-

completed Affidavit of Indigency within ten calendar days of filing the Notice of

Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will

result in dismissal of the appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request

from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of

the proceedings is to be filed, a licensed court reporter must prepare the transcript and file

it with the court clerk within ten business days of the filing the Notice of

Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both

parties within ten business days of the filing of the Notice of Appeal. The statement of

the evidence must convey a complete and accurate account of the hearing. The Workers’

Compensation Judge must approve the statement before the record is submitted to the

Appeals Board. If the Appeals Board is called upon to review testimony or other proof

concerning factual matters, the absence of a transcript or statement of the evidence can be

a significant obstacle to meaningful appellate review.

4. If you wish to file a position statement, you must file it with the court clerk within ten

business days after the deadline to file a transcript or statement of the evidence. The

party opposing the appeal may file a response with the court clerk within ten business

days after you file your position statement. All position statements 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.

For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

NOTICE OF APPEAL

Tennessee Bureau of Workers’ Compensation

www.tn.gov/workforce/injuries-at-work/

wc.courtclerk@tn.gov | 1-800-332-2667

Docket No.: ________________________

State File No.: ______________________

Date of Injury: _____________________

___________________________________________________________________________

Employee

v.

___________________________________________________________________________

Employer

Notice is given that ____________________________________________________________________

[List name(s) of all appealing party(ies). Use separate sheet if necessary.]

appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the

Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file-

stamped on the first page of the order(s) being appealed):

□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________

□ Compensation Order filed on__________________ □ Other Order filed on_____________________

issued by Judge _________________________________________________________________________.

Statement of the Issues on Appeal

Provide a short and plain statement of the issues on appeal or basis for relief on appeal:

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Parties

Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee

Address: ________________________________________________________ Phone: ___________________

Email: __________________________________________________________

Attorney’s Name: ______________________________________________ BPR#: _______________________

Attorney’s Email: ______________________________________________ Phone: _______________________

Attorney’s Address: _________________________________________________________________________

* Attach an additional sheet for each additional Appellant *

LB-1099 rev. 01/20 Page 1 of 2 RDA 11082

Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________

Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee

Appellee’s Address: ______________________________________________ Phone: ____________________

Email: _________________________________________________________

Attorney’s Name: _____________________________________________ BPR#: ________________________

Attorney’s Email: _____________________________________________ Phone: _______________________

Attorney’s Address: _________________________________________________________________________

* Attach an additional sheet for each additional Appellee *

CERTIFICATE OF SERVICE

I, _____________________________________________________________, certify that I have forwarded a

true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described

in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this

case on this the __________ day of ___________________________________, 20 ____.

______________________________________________

[Signature of appellant or attorney for appellant]

LB-1099 rev. 01/20 Page 2 of 2 RDA 11082

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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