Opinion

Woods, Lorene V. ST. FRANCIS SENIOR HEALTHCARE CENTER

  • 2024 TN WC 15
Court
Tennessee Court of Workers' Compensation Claims
Filed
Mar 5, 2024
Status
Published
On the bench
Robert Durham
Cited by
0 cases

The opinion

FILED

Mar 05, 2024

11:55 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

LORENE WOODS, ) Docket No. 2021-08-0966

Employee, )

v. )

)

ST. FRANCIS SENIOR ) State File No. 43845-2020

HEALTHCARE CENTER, )

Employer, )

And ) Judge Robert Durham

)

NEW HAMPSHIRE INS CO., )

Insurance Carrier. )

COMPENSATION ORDER GRANTING BENEFITS

The Court held a Compensation Hearing on February 23, 2024, to determine Ms.

Woods’s entitlement to future medical treatment and permanent disability benefits for neck

complaints that allegedly arose out of treatment for her work-related low-back strain.

Although St. Francis agreed that Ms. Woods suffered a compensable low-back strain, it

asserted that her neck complaints were not work-related, and the low-back strain resulted

in 0% impairment.

The Court holds that Ms. Woods did not prove by expert opinion that her neck

condition arose primarily out of and in the course and scope of her employment. Further,

she did not prove entitlement to permanent partial disability benefits for her low-back

injury. However, St. Francis must pay for reasonable, necessary, and related low-back

medical treatment.

History of Claim

Ms. Woods hurt her low back on June 27, 2020, while trying to keep a patient from

falling. She received authorized care from Dr. Christopher Pokabla, who diagnosed a low-

back strain. He prescribed steroids and physical therapy and assigned light-duty work

1

restrictions. When Ms. Woods failed to improve, he ordered a lumbar MRI that revealed

only degenerative changes.

At his deposition, which Ms. Woods did not attend, Dr. Pokabla testified that he

read the MRI findings to Ms. Woods and had explained to her that the degenerative changes

were not work-related. He then ordered “work-conditioning” to try to return her to work.

According to Ms. Woods, when she told Dr. Pokabla that physical therapy caused her blood

pressure to rise to dangerous levels, he dismissively told her that he could not keep her off

work for three months for a back strain.

Ms. Woods returned a month later. According to Dr. Pokabla, she only completed

about four days of work-conditioning. She continued to complain of low-back pain but

also mentioned for the first time that she had “swelling in multiple body parts.” He testified

that Ms. Woods accused him of not reviewing her MRI, which he thought was “bizarre.”

He noted that he believed she exhibited signs of “secondary gain,” or making complaints

that did not line up with her injury so she could remain off work. He said she was not

honest with him about her condition and was not trying to get better. Despite this belief,

he referred Ms. Woods for a second opinion with neurosurgeon Stephen Waggoner.

Dr. Waggoner testified in his deposition, which Ms. Woods also did not attend, that

when he saw her, she only complained of low-back pain and some tingling in her legs. He

said she did not complain of neck or upper-extremity pain. Dr. Waggoner reviewed her

back MRI and noted moderate degenerative changes not attributable to an acute injury. He

diagnosed a back strain and underlying arthritis and recommended physical therapy. He

did not assign an impairment or restrictions and said Ms. Woods reached maximum

medical improvement on October 1, 2020.

Dr. Pokabla testified that after Dr. Waggoner agreed that Ms. Woods did not require

further treatment, his office attempted to schedule a final evaluation, but Ms. Woods

refused to come. He agreed she reached maximum medical improvement on October 1

and assigned a 0% impairment with no restrictions. Finally, he confirmed that she never

told him about any neck complaints.

Ms. Woods contested Dr. Pokabla’s testimony on several points. She said that he

showed no interest in her blood pressure and sometimes would not come into the exam

room to speak with her. She testified that he left out part of the MRI report when he read

it to her and grew angry when she pointed it out, accusing her of dishonesty and

malingering. She subpoenaed the nurse case manager to corroborate her testimony, but the

case manager said she could not recall events beyond her notes, and they did not contain

this information.

She further asserted that the work-conditioning program used extensive

weightlifting that someone her age could not safely perform, which led to pain and swelling

2

in both arms and shoulders. She informed Dr. Pokabla, but he took no action.

Ms. Woods testified that after her visit with Dr. Waggoner, her symptoms worsened.

She believed that neither Drs. Pokabla nor Waggoner would treat her, so she sought

treatment with neurosurgeon Glenn Crosby. Dr. Crosby performed two neck surgeries.

Dr. Crosby prepared a C-32 medical form causally relating Ms. Woods’s neck

symptoms and treatment to the physical therapy for her back. He also assigned a permanent

impairment rating for her work injuries. St. Francis timely objected to the C-32 and

deposed Dr. Crosby. Ms. Woods did not attend this deposition either.

Dr. Crosby testified that Ms. Woods came to him in August 2021 complaining of

neck and mid-back pain that she attributed to work-conditioning. A January 2021 neck

MRI showed degenerative changes at C5-6 and a bulging disc at C7 but no evidence of an

acute injury. Dr. Crosby took another MRI in October that showed Ms. Woods’s condition

had progressed to herniations at C5-6 and C7-T1.

Dr. Crosby agreed that a patient suffering from neck complaints would normally

report those to their treating physician. He further agreed that other than Ms. Woods’s

history, he had no way of knowing when her neck pain began.

He testified that he believed Ms. Woods’s neck condition progressed after her low-

back injury, but he could not relate it to the work-conditioning program over natural

degenerative changes. He agreed degenerative conditions alone can lead to disc

herniations. He further agreed that, based on the MRIs, her condition progressed from

bulges to herniations in 2021, and he concluded this was likely just a progression of her

underlying degenerative problems.

As for the low back, Dr. Crosby said that Ms. Woods’s MRIs were essentially

normal. He did not recommend surgery or assign a rating.

Finally, co-worker Shirley Williams testified for Ms. Woods. She worked with Ms.

Woods for over 30 years. She described her as a “powerhouse” before her injury and a

dependable hard worker who never shirked her duties. She could not recall Ms. Woods

complaining of neck or back pain before her work injury.

Findings of Fact and Conclusions of Law

Ms. Woods has the burden of proving the elements of her workers’ compensation

claim by a preponderance of the evidence. Tenn. Code. Ann. 50-6-239(c)(6) (2020). In

this case, the parties agreed that Ms. Woods suffered a work-related low-back injury, but

they disagreed about her neck injury and entitlement to permanent partial disability benefits

and the extent of future medical care.

3

To prove causation for her neck condition, Ms. Woods must show to a reasonable

degree of medical certainty that it “arose primarily of and in the course and scope of

employment.” Tenn. Code Ann. § 50-6-102(12)(A). She must establish causation through

expert medical opinion. Id. at -102(12)(D).

In this case, the parties submitted the testimony of three physicians. 1 Drs. Pokabla

and Waggoner both said that Ms. Woods never told them about neck complaints and did

not support her claim that work-conditioning caused her neck condition. Dr. Crosby could

only say that her disc herniations might have been due to work conditioning or to a

degenerative condition, but since it worsened from bulges to herniations after the therapy,

he felt it was likely a progression of her degenerative condition.

Ms. Woods vigorously disputed Dr. Pokabla’s and Dr. Waggoner’s testimony about

whether she told them of neck complaints, and the Court finds Ms. Woods to be a credible

witness. 2 The Court also credits Ms. Williams’s testimony as to Ms. Woods’s strong work

ethic. However, even if she told the doctors about her neck symptoms, the law requires an

expert opinion establishing causation, and she did not submit it. Thus, the Court denies

her request for benefits for her neck condition.

As for her low-back injury, the only admissible expert testimony is that Ms. Woods

reached maximum medical improvement on October 1, 2020, and has 0% impairment.

Thus, the law does not entitle Ms. Woods to additional temporary or permanent disability

benefits. However, St. Francis must continue to pay for reasonable and necessary medical

care for her work-related low-back injury.

IT IS, THEREFORE, ORDERED:

1. The Court denies Ms. Woods’s requests for permanent partial disability benefits and

future medical treatment for her neck condition.

2. St. Francis shall pay for reasonable and necessary medical treatment for Ms.

Woods’s work-related injury of June 27, 2020. If Dr. Pokabla refuses to treat Ms.

Woods, St. Francis shall give her a panel of physicians from which she may choose

an authorized doctor.

1

In addition to the C-32, Ms. Woods attempted to submit another one from Dr. Crosby but did not do so

within the time allowed by statute, and the Court excluded it. Further, Ms. Woods attempted to introduce

medical records but not within the Scheduling Order deadlines, so the Court excluded them. Finally, Ms.

Woods tried to submit medical records she asserted were for impeachment and rebuttal purposes, but she

did not specify how the information rebutted or impeached the evidence already submitted. Thus, the Court

excluded them as well.

2

After observing Ms. Woods, the Court finds no evidence that “secondary gain” motivated her pursuit for

benefits.

4

3. St. Francis shall pay court costs of $150.00 to the Court Clerk within five business

days of this order becoming final.

4. St. Francis shall prepare and file with the Court Clerk a Statistical Data Form within

10 business days of the date this order becomes final.

5. This Compensation Order is an adjudication on the merits. Unless appealed, this

order becomes final in 30 days.

ENTERED March 5 , 2024.

_____________________________________

ROBERT DURHAM, JUDGE

Court of Workers’ Compensation Claims

APPENDIX

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Ms. Woods’s Pre-Compensation Hearing Statement

4. St. Francis’s Pre-Compensation Hearing Statement

5. St. Francis’s Pre-Trial Brief

6. Ms. Woods’s Pre-Trial Brief

7. St. Francis’s July 19, 2023, Objection to Form C-32

8. St. Francis’s February 14, 2024, Objection to Form C-32

9. Nurse Cheryl Rodgers’s Motion to Quash Subpoena

10. Ms. Woods’s Motion to Quash Dr. Pokabla’s testimony

11. St. Francis’s Response to Motion to Quash

12. Ms. Woods’s Motion to Compel Ms. Rodgers’s testimony

13. St. Francis’s Motion in Limine to Exclude Dr. Crosby’s C-32 forms

14. Subpoenas

15. St. Francis’s Motion to Exclude Late-Filed C-32 form

16. Amended Order on Pre-Trial Motions

Exhibits:

1. Ms. Woods’s submitted medical records (for I.D. only)

2. Dr. Pokabla’s deposition with attached exhibits

5

3. Dr. Waggoner’s deposition with attached exhibits

4. Dr. Crosby’s deposition with attached exhibits

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on March 5, 2024.

Name Mail Fax Email Service sent to:

Lorene Woods, X Lewoods918@gmail.com

Self-represented

Kyle Cannon, X kcannon@gwtclaw.com

Employer’s Attorney

_____________________________________

PENNY SHRUM, Court Clerk

WC.CourtClerk@tn.gov

6

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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