Opinion

Guatemala, Concepion v. Tyson Foods, Inc.

  • 2022 TN WC 11
Court
Tennessee Court of Workers' Compensation Claims
Filed
Feb 8, 2022
Status
Published
On the bench
Joshua Davis Baker
Cited by
0 cases

The opinion

FILED

Feb 08, 2022

12:08 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

CONCEPCION GUATEMALA, ) Docket No. 2019-06-2251

Employee, )

v. ) State File No. 108266-2019

TYSON FOODS, INC., )

Employer. ) Judge Joshua Davis Baker

)

___________________________________________________________________

COMPENSATION ORDER

____________________________________________________________________

In a January 20, 2022 compensation hearing, Mr. Guatemala requested continuing

medical treatment and reimbursement of medical expenses.1 Tyson agreed to provide

continuing reasonable and necessary medical treatment from Dr. Jeffrey Hazlewood, so

this request is granted. However, because Mr. Guatemala submitted no admissible proof

on his claim for reimbursement of past medical expenses, that request is denied.

History of the Case

Mr. Guatemala injured his lower back on August 1, 2019, when a trailer became

unlatched from the truck he drove and hit the back of his cab. Tyson provided immediate

care in its clinic with a registered nurse.

Mr. Guatemala said he asked to see a doctor, but Tyson would not allow it, and he

was told if he went to see a doctor, he would have to pay for it. Afterward, he continued

getting treatment conservative treatment at the infirmary for the next two weeks. At the

last visit, the attending nurse asked why he was there. After this encounter, Mr. Guatemala

sought treatment on his own.

1

Mr. Guatemala also requested temporary and permanent disability benefits but withdrew those requests

at the outset of trial.

Mr. Guatemala received treatment through his private health insurer from Drs. Viola

Chen and Jason Jones. He claimed he sought treatment because the nurse told him he did

not need a doctor, and Tyson would not provide one.

Nearly eight months later, with medical bills mounting, Mr. Guatemala asked Tyson

for reimbursement for the care he received from Drs. Chen and Jones. Tyson declined to

reimburse him but provided a Choice of Physicians form. He chose Dr. Tarek Elalayli, an

orthopedic spine surgeon.

Dr. Elalayli examined Mr. Guatemala and diagnosed a lumbar sprain that, in his

opinion, should have resolved. He recommended a home exercise program and pain

management with Dr. Hazlewood.

Dr. Hazlewood provided an injection that Mr. Guatemala said made him feel worse.

This puzzled Dr. Hazlewood, who, after further conservative care, placed Mr. Guatemala

at maximum medical improvement without restrictions or permanent impairment. Dr.

Hazlewood agreed to see Mr. Guatemala as needed, and he eventually returned to Dr.

Hazlewood.

Findings of Fact and Conclusions of Law

Mr. Guatemala bears the burden of proving entitlement to workers’ compensation

benefits by a preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2021);

Panzarella v. Amazon.com, Inc., No. E2017-01135-SC-R3-WC, 2018 Tenn. LEXIS 244,

at *8 (Tenn. Workers’ Comp. Panel May 16, 2018). Mr. Guatemala seeks only two types

of benefits here; one has been provided agreeably, the other denied.

Sometimes even when we go forward, we go forward without progress. That is the

case here. In an expedited hearing order issued previously in this case, Tyson agreed to

allow Mr. Guatemala to continue seeing Dr. Hazlewood but denied his request for payment

of medical bills from unauthorized providers. The Court declined to award payment for

these medical bills because he could not authenticate them. We have now come forward

to the compensation hearing only to arrive at the same spot.

As previously mentioned, Tyson agreed that Mr. Guatemala could continue

receiving reasonable and necessary care from Dr. Hazlewood if he wished. With this issue

decided, only the reimbursement issue remains.

Mr. Guatemala seeks reimbursement for care received through his private insurance

from Drs. Chen and Jones. However, the proof that he sought permission from Tyson for

treatment of his workers’ compensation injury with these doctors before receiving

treatment is limited. The fact that Tyson provided a panel when he requested

2

reimbursement for his bills eight months later tends to show he was not denied medical

care.

But even if Tyson initially denied him care, the Court could not award relief because

he offered no proof of his loss. As he did at an expedited hearing, Mr. Guatemala asked to

introduce medical bills, but provided no proof that the bills were for treatment related to

his workers’ compensation injury. An injured worker must authenticate medical bills under

Rule 901 of the Tennessee Rules of Evidence and offer proof that the medical bills are

reasonable, necessary, and causally related to the work accident. Eaves v. Ametek, Inc.,

2018 TN Wrk. Comp. App. Bd. LEXIS 53, at *8-9 (Sept. 14, 2018). Because the bills were

unverified and thus inadmissible, and no proof was in the record that the care he received

was reasonable and necessary for his work injury, the Court denies his request to recoup

those costs.

IT IS ORDERED as follows:

1. Tyson shall continue to provide Mr. Guatemala all medical care made reasonable

and necessary by his work injury with Dr. Jeffrey Hazlewood serving as the

authorized treating physician.

2. Mr. Guatemala’s request for reimbursement of medical expenses is denied for lack

of proof.

3. Costs of $150.00 are assessed against Tyson under Tennessee Compilation Rules

and Regulations 0800-02-21-.07, for which execution might issue as necessary.

4. Tyson shall file a completed Form SD-2 within five days after this order becomes

final.

5. Unless appealed, the order shall become final thirty days after issuance.

ENTERED February 8, 2022.

___________________________________

Joshua Davis Baker, Judge

Court of Workers’ Compensation Claims

3

APPENDIX

Exhibits:

1. Form C-32

2. Medical Records

Technical Record:

1. Petition for Benefit Determination

2. Request for Expedited Hearing

3. Petition for Benefit Determination

4. Dispute Certification Notice filed December 2, 2021

5. Dispute Certification Notice filed February 27, 2020

6. Motion for Dismissal

7. Order to Show Cause

8. Request for Expedited Hearing

9. Expedited Hearing Order entered August 31, 2020

10. Scheduling Order entered July 12, 2021

11. Notice of Intent to Use Form C-32

4

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on February 8, 2022.

Name Certified Via Via Service sent to:

Mail Fax Email

Concepcion Guatemala, X guatemala121976@gmail.com

Employee

Michael Haynie, X mhaynie@manierherod.com

Employer’s Attorney

____________________________________________

Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

Wc.courtclerk@tn.gov

5

Compensation Hearing Order Right to Appeal:

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

Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’

Compensation Appeals Board, 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 thirty calendar days of the

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

must serve a copy upon the opposing party (or attorney, if represented).

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 filing 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 your 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. A licensed court

reporter must prepare a transcript and file it with the court clerk within fifteen calendar

days of the filing the Notice of Appeal. Alternatively, you may file a statement of the

evidence prepared jointly by both parties within fifteen calendar 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

of the evidence 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. After the Workers’ Compensation Judge approves the record and the court clerk transmits

it to the Appeals Board, a docketing notice will be sent to the parties. The appealing

party has fifteen calendar days after the date of that notice to submit a brief to the

Appeals Board. See the Practices and Procedures of the Workers’ Compensation

Appeals Board.

To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing

Order must be final and you must comply with the Tennessee Rules of Appellate

Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s

Order will become final by operation of law thirty calendar days after entry. See Tenn.

Code Ann. § 50-6-239(c)(7).

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

Tennessee Bureau of Workers’ Compensation

220 French Landing Drive, I-B

Nashville, TN 37243-1002

800-332-2667

AFFIDAVIT OF INDIGENCY

I, ________________________________________, having been duly sworn according to law, make oath that

because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be

waived. The following facts support my poverty.

1. Full Name: 2. Address:

3. Telephone Number: 4. Date of Birth:

5. Names and Ages of All Dependents:

______________________________________ Relationship:

______________________________________ Relationship:

______________________________________ Relationship:

______________________________________ Relationship:

6. I am employed by:

My employer’s address is:

My employer’s phone number is:

7. My present monthly household income, after federal income and social security taxes are deducted, is:

$ ___________________

8. I receive or expect to receive money from the following sources:

AFDC $ ________ per month beginning

SSI $ ________ per month beginning

Retirement $ ________ per month beginning

Disability $ ________ per month beginning

Unemployment $ ________ per month beginning

Worker’s Comp.$ ________ per month beginning

Other $ ________ per month beginning

LB-1108 (REV 11/15) RDA 11082

9. My expenses are:

Rent/House Payment $ ________ per month Medical/Dental $ ___________ per month

Groceries $ ________ per month Telephone $ per month

Electricity $ ________ per month School Supplies $ per month

Water $ ________ per month Clothing $ per month

Gas $ ________ per month Child Care $ per month

Transportation $ ________ per month Child Support $ per month

Car $_________ per month

Other $ _______ per month (describe: )

10. Assets:

Automobile $ (FMV)

Checking/Savings Acct. $

House $ (FMV)

Other $ Describe:

11. My debts are:

Amount Owed To Whom

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete

and that I am financially unable to pay the costs of this appeal.

_

APPELLANT

Sworn and subscribed before me, a notary public, this

_______ day of , 20_______.

NOTARY PUBLIC

My Commission Expires:

LB-1108 (REV 11/15) 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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