Hopson, Michael v. Driven Brands Holdings , 2022 TN WC 80 ( 2022 )


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  •                                                                                      FILED
    Nov 18, 2022
    08:39 AM(CT)
    TENNESSEE COURT OF
    WORKERS' COMPENSATION
    CLAIMS
    TENNESSEE BUREAU OF WORKERS’ COMPENSATION
    IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
    AT NASHVILLE
    Michael Hopson,                                  )   Docket No. 2022-06-0393
    Employee,                            )
    v.                                               )
    Driven Brands Holdings,                          )   State File No. 69720-2021
    Employer,                            )
    And                                              )
    Hartford Accident and Indemnity Co.,             )   Judge Kenneth M. Switzer
    Carrier.                              )
    EXPEDITED HEARING ORDER
    Michael Hopson injured multiple body parts in a car accident while working for
    Driven Brands Holdings on August 18, 2021. Driven Brands accepted the claim,
    authorized treatment with various physicians, and paid temporary total disability benefits
    during periods when authorized doctors took him off work.
    The parties now disagree regarding Mr. Hopson’s request for additional medical
    benefits. Although Driven Brands agreed to pay for all authorized treatment, it disputes
    Mr. Hopson’s entitlement to additional treatment and temporary disability benefits.
    After an expedited hearing on November 2, 2022, the Court holds Mr. Hopson is
    likely to prevail at a hearing on the merits on his entitlement to additional treatment with a
    dentist and neurologist, and to past temporary total disability benefits from July 1 to 19,
    2022.
    Claim History
    Treatment
    The work accident caused injuries to Mr. Hopson’s head, neck, left shoulder, teeth
    and eyesight. He testified that he went to the emergency room afterward but offered no
    1
    records from that treatment. Mr. Hopson has received treatment from many authorized
    physicians since then.
    The authorized treatment began in September 2021, when Mr. Hopson chose Dr.
    Malcolm Steele from a panel of physicians. He saw Dr. Steele’s physician assistant
    throughout his initial treatment. At the first visit, she diagnosed a left-shoulder contusion,
    neck strain, headache, broken tooth and visual floaters, and she ordered physical therapy.
    She referred Mr. Hopson to Promise Dental for his teeth, and an ophthalmologist, Dr. Stuart
    Shofner, for his vision. On October 19, the physician assistant released Mr. Hopson to full-
    duty work.
    In the meantime, Mr. Hopson saw Dr. Shofner in October. He noted , “[p]t has
    cataracts, non-work-related,” and returned him to full-duty work. According to Mr.
    Hopson, Dr. Shofner also prescribed polarized sunglasses, but he did not provide any
    evidence relating the need for glasses to a work-related condition.
    As to his teeth, Mr. Hopson was seen at Promise Dental on November 1. The dentist
    recommended an extraction and bone graft. Promise Dental sent Mr. Hopson to another
    dental practice to begin the treatment; according to Mr. Hopson, the dentist at Promise
    Dental does not perform the required dentistry. An implant remains necessary. Mr.
    Hopson testified that the dental work is incomplete because the provider (Promise Dental
    or possibly the other dental practice) requested payment upfront.
    Driven Brands argued that Mr. Hopson declined to sign a form agreeing to be liable
    if the carrier did not pay the bill, but counsel did not introduce this form. According to
    Driven Brands’s attorney, it asked to pre-pay, but Promise Dental did not agree. Driven
    Brands also looked for other dental practices to complete treatment, but they likewise
    require Mr. Hopson’s signature on “standard” co-liability paperwork. Counsel offered no
    proof on these contentions. Driven Brands additionally asserted that some of the
    recommended dental treatment is not work-related, but it offered no medical proof on that
    point, and Mr. Hopson denied that any dentist told him that.
    Mr. Hopson’s shoulder, neck, and head symptoms persisted about three months after
    the accident, so he returned to Dr. Steele. The physician assistant referred him to a
    neurologist. On December 3, she referred him to an orthopedic specialist for his neck and
    shoulder and took him off work, noting he should not drive until seen by a specialist.
    Mr. Hopson saw a panel-selected neurologist, Dr. Subir Prasad, on January 13,
    2022. Dr. Prasad diagnosed a post-traumatic headache and a blind spot in his vision, and
    he recommended an MRI.
    In February 2022, Mr. Hopson saw orthopedist Dr. Ryan Snowden for his neck and
    shoulder. Dr. Snowden concluded that the shoulder is “the source of his discomfort.” So,
    2
    he referred him to a shoulder specialist, Dr. Matthew Willis. Driven Brands honored the
    referral.
    Mr. Hopson saw Dr. Willis once, on March 3. Dr. Willis diagnosed adhesive
    capsulitis, recommended additional physical therapy, and administered an injection. Dr.
    Willis also noted that he believed modified duty was appropriate, but he declined to see
    Mr. Hopson again due to their disagreement over whether he should be off work entirely.
    Other than more physical therapy, treatment for the shoulder did not resume for several
    months.
    Returning to the neurological treatment, Mr. Hopson had an MRI in late March. At
    the next visit on June 1, Dr. Prasad prescribed headache medication, took Mr. Hopson off
    work, and restricted him from driving. Dr. Prasad recommended a return visit in the next
    month.
    Mr. Hopson testified that when he tried to follow up with Dr. Prasad in late June
    and early July, he arrived at appointments but was turned away because he did not pass the
    clinic’s Covid-19 protocols. He likewise testified that he attended physical therapy, but
    had to stop in July due to illness.
    Then in a July 19 letter, Dr. Prasad released Mr. Hopson to full-duty work. The
    next day, Dr. Prasad wrote another letter discharging him from his care but also wrote that
    Mr. Hopson should see another physician. Neither party introduced notes from any visit
    with Dr. Prasad in July; it is unknown whether he saw Dr. Prasad at that time. Mr.
    Hopson’s declaration states that he is still experiencing headaches and other symptoms.1
    Returning to the shoulder, Mr. Hopson testified on cross-examination that he
    selected specialist Dr. Chad Price from a panel. Dr. Price saw him on September 22 and
    found chronic shoulder pain. He explained:
    His exam is consistent with a possible cervical spine pathology or rotator cuff
    tear. However, his mechanism of injury is not consistent with these
    pathologies. He describes being hit from the side at approximately 15 mph.
    That is not a mechanism consistent with a rotator cuff tear or cervical
    pathology.
    Dr. Price additionally recommended an MRI but wrote “we will decline the option to
    pursue his treatment at this time.”
    1
    Mr. Hopson went to the emergency room on July 20, complaining of side effects from medications Dr.
    Prasad prescribed and of Covid-19 symptoms. Records from that visit do not relate his condition to work
    or to medications for the work injury; rather, they focus almost entirely on Covid-19.
    3
    Medical Bills
    Mr. Hopson introduced medical bills and explanation of benefit forms. Driven
    Brands’s counsel reviewed them and stated that he believed bills for treatment with
    authorized physicians had all been paid, or would be paid shortly. Counsel reviewed the
    bills and agreed that Driven Brands has paid or will pay the following:
    Physician                                   Date of Service                     Amount
    Dr. Prasad                                  January 13, 2022                    $315.00
    June 1, 2022                        $255.00
    Promise Dental                              October 4, 2021                     $365.00
    November 1, 2021                    $942.00
    Periodontal and Implant                     November 22, 2021                   $266.00
    Association of Middle Tennessee
    Driven Brands also agreed to pay for emergency treatment in 2021 for the work accident
    but needs to investigate those sums further.
    Temporary Disability Benefits
    Mr. Hopson started receiving temporary benefits on August 27, 2021. Around that
    same time, he received a separation letter, which he did not introduce. Mr. Hopson testified
    that he was fired for filing a workers’ compensation claim but offered no proof of that. The
    only other related evidence is a December 3, 2021 notice of controversy, which states that
    Driven Brands stopped compensation, in part, because “[t]he claimant has been terminated
    by his employer for cause[.]”
    Mr. Hopson further testified that Driven Brands did not pay certain temporary
    disability payments he believes he was owed throughout his treatment. Driven Brands
    agreed that it did not pay at various times when Mr. Hopson was not under restrictions or
    was noncompliant with treatment.
    Mr. Hopson agreed on cross-examination that Dr. Steele’s physician assistant
    returned him to full duty on October 19 and that afterward, neither Dr. Shofner nor Promise
    Dental assigned work restrictions.2 The physician assistant took him off work again on
    December 3, and Driven Brands reinstated temporary disability payments afterward. The
    benefits ceased again in mid-March 2022, after Dr. Willis placed him on modified duty.
    2
    Mr. Hopson testified that Dr. Anna Skelo, an unauthorized provider, took him off work for this time in
    response to counsel’s questioning on cross-examination, but he offered no medical records to prove that.
    4
    Benefits resumed on June 1, when Dr. Prasad took Mr. Hopson off work, but they
    ended on July 1. A Notice of Change or Termination of Compensation Benefits dated June
    30, 2022, states “Claimant has not complied with medical treatment as recommended by
    the treating physician and there is no additional OOW information to support ongoing
    payments.” Driven Brands has paid no disability benefits since.
    Much of the testimony on cross-examination focused on Mr. Hopson’s alleged
    noncompliance in June and July. Mr. Hopson testified that he had appointments with Dr.
    Prasad on June 18 and July 11. He recalled that at least twice, he was turned away because
    he could not pass the Covid-19 screening.
    Along these lines, in June, Mr. Hopson resumed physical therapy but only
    completed three sessions. Afterward, he said he felt too ill to attend, either because he may
    have had Covid-19 or was experiencing side effects from medications. Mr. Hopson
    maintained that he called and emailed to cancel the physical therapy appointments, which
    had been set weeks in advance. He denied being rude or using foul language with staff.
    Mr. Hopson tested positive for Covid-19 on July 20, as confirmed in emergency
    room records from that date.
    Findings of Fact and Conclusions of Law
    For the Court to grant Mr. Hopson’s requests, he must show he is likely to prevail
    at a hearing on the merits. 
    Tenn. Code Ann. § 50-6-239
    (d)(1) (2022); McCord v.
    Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar.
    27, 2015).
    Additional Treatment
    Driven Brands did not contest the compensability of Mr. Hopson’s claim but
    contended that he is not entitled to more treatment, with the exception of finalizing the
    dental work.
    The Workers’ Compensation Law requires an employer to provide reasonable,
    necessary treatment at no cost to the injured worker. 
    Tenn. Code Ann. § 50-6
    -
    204(a)(1)(A). Treatment is required only for conditions arising primarily out of
    employment. 
    Tenn. Code Ann. § 50-6-102
    (12). “Arising primarily out of employment”
    means that it must be shown “to a reasonable degree of medical certainty” that the work
    accident contributed more than fifty percent in causing the need for treatment.” 
    Id.
    Considering each individual injury, Dr. Shofner wrote that Mr. Hopson’s cataracts
    are not related to the work incident. Mr. Hopson offered no contrary medical proof. He
    5
    cannot prevail on his request for more vision treatment without a medical opinion relating
    his current eyesight problems to the work injury.
    Likewise, Dr. Price concluded that Mr. Hopson’s shoulder injury did not arise from
    employment, reasoning that the mechanism of injury could not have caused Mr. Hopson’s
    current shoulder and neck conditions. Mr. Hopson did not introduce a conflicting medical
    opinion to support the work-relatedness of these conditions. Moreover, Dr. Price’s opinion
    is presumed correct under Tennessee Code Annotated section 50-6-102(12)(E).
    The remaining, more difficult questions involve treatment for his teeth and
    headaches.
    Turning first to the dental treatment, Mr. Hopson testified, without contradiction,
    that the authorized provider required pre-payment. Driven Brands offered explanations
    from its attorney regarding why this treatment is at a standstill. But it offered no actual
    evidence, such as a copy of the disputed “standard” form requiring Mr. Hopson to pay if
    the carrier does not pay, or an affidavit from its adjuster explaining the difficulties she
    encountered in authorizing the treatment.
    Given the past delays in payment for authorized treatment, Mr. Hopson’s reluctance
    to agree to be liable if the carrier declines payment is entirely reasonable—especially since
    Driven Brands alleged, without an expert opinion, that some of the treatment is not work-
    related. Further, no admissible proof suggests that Promise Dental is unwilling to accept
    pre-payment, and the Court cannot imagine why that would be unacceptable to any
    physician.
    Section 50-6-204(a)(1)(A) is clear: treatment should be “free of charge . . . including
    such dental work made reasonably necessary by accident[.]” Driven Brands must abide by
    this charge. The Court holds that Mr. Hopson is likely to prevail at a hearing on the merits
    that he is entitled to additional dental treatment. If Promise Dental refuses to treat Mr.
    Hopson further, Driven Brands must continue to offer panels of dentists until a dentist
    willing to treat him is located.
    The next question is whether Mr. Hopson is entitled to additional neurological
    treatment for his headaches. While Driven Brands pointed to a note placing him at full
    duty, no medical record suggests that Mr. Hopson saw Dr. Prasad for the recommended
    follow-up visit to determine whether he needs additional treatment. Instead, the parties
    offered two letters: on July 19, Dr. Prasad wrote that he may return to work without
    restrictions, and on July 20, the doctor wrote that he “cannot serve as [Mr. Hopson’s]
    physician,” but he did not give any reason for the discharge. He also wrote that Mr. Hopson
    “should place [him]self under the care of another physician as soon as possible.”
    6
    The Appeals Board wrote in Limberakis v. Pro-Tech Sec., Inc., 2017 TN Wrk.
    Comp. App. Bd. LEXIS 53 (Sept. 12, 2017), that “an employer cannot unilaterally
    terminate an employee’s entitlement to reasonable and necessary medical benefits
    following a compensable work injury.” 
    Id. at *6
    .
    In Limberakis, the authorized treating physician placed the employee at maximum
    medical improvement, determined he needed no additional treatment, and refused to see
    him. After an expedited hearing, the Court ordered the employer to offer a panel, and the
    Appeals Board affirmed. The Board wrote, “In the absence of evidence directed
    specifically to the issue of termination of treatment, the employer must provide [the
    employee with] future, free reasonably necessary medical treatment.” 
    Id.
     The Board found
    it “significant” and “determinative” that the case was at the interlocutory phase and that
    the employee’s claim was accepted. 
    Id. at *9
    .
    Here, no evidence suggested that Mr. Hopson is at maximum medical improvement
    or that he does not need additional treatment for his headaches. In fact, Dr. Prasad
    recommended that he find another doctor. Mr. Hopson testified in his declaration that he
    still suffers symptoms. An employee’s assessment as to his own physical condition “is
    competent testimony that is not to be disregarded.” 
    Id. at *10
    .
    As for the asserted noncompliance, Tennessee Code Annotated section 50-6-
    204(d)(7) states that when an employee “refuses . . . to accept the medical . . . services that
    the employer is required to furnish . . ., the injured employee’s right to compensation shall
    be suspended and no compensation shall be due and payable while the injured employee
    continues to refuse.” The Appeals Board explained that this provision means that “in
    circumstances where an employee is noncompliant with medical treatment, compensation
    shall be held in abeyance, not terminated.” Newell v. Metro Carpets, LLC, 2016 TN Wrk.
    Comp. App. Bd. LEXIS 57, at *4-5 (Sept. 28, 2016).
    In this case, even after rigorous cross-examination, Driven Brands offered no
    evidence that Mr. Hopson “refused” to accept Dr. Prasad’s treatment. Mr. Hopson
    testified, without contradiction, that he went to the clinic twice but was turned away due to
    Covid-19 symptoms. He also stated that feeling ill, possibly from Covid-19 or side effects
    from medication, prevented him from completing physical therapy. The Court finds no
    “refusal” under these circumstances. Notably, Driven Brands terminated compensation on
    July 1, before any missed July appointments with either Dr. Prasad or physical therapy.
    The noncompliance argument is unpersuasive.
    Therefore, Mr. Hopson is likely to prevail at trial on his request for additional
    treatment from a neurologist. Since Dr. Prasad refuses to treat Mr. Hopson, Driven Brands
    must offer a panel of neurologists. Limberakis, at *10.
    7
    Medical Bills
    Driven Brands agreed that it is responsible for authorized treatment as outlined
    previously. It shall investigate whether bills for any work- related post-accident emergency
    treatment are outstanding, and if so, pay them immediately. On this record, however, the
    Court cannot order payment for the remaining sums. Mr. Hopson may gather additional
    evidence showing that the bills were for reasonable and necessary treatment, which was
    causally-related to the work accident. Eaves v. Ametek, Inc., 2018 TN Wrk. Comp. App.
    Bd. LEXIS 53, at *8 (Sept. 14, 2018).
    Temporary Disability Benefits
    The workers’ compensation statutes list two types of temporary disability benefits:
    temporary partial disability benefits and temporary total disability benefits. See 
    Tenn. Code Ann. § 50-6-207
    .
    First considering temporary partial disability benefits, as applicable here, these are
    warranted when a treating physician has released the injured worker to return to work with
    restrictions before maximum medical improvement, and the employer cannot return the
    employee to work within the restrictions. Jones v. Crencor Leasing and Sales, 2015 TN
    Wrk. Comp. App. Bd. 48, at *8 (Dec. 11, 2015). However, an employee who is terminated
    for cause is not entitled to temporary partial disability benefits. 
    Id. at *10
    .
    Here, the evidence is inconclusive. Mr. Hopson testified that he was terminated
    because he filed a workers’ compensation claim, but he offered no supporting
    documentation. In contrast, Driven Brands relied on a form stating the termination was for
    cause, but it did not provide supporting documentation or testimony.
    Mr. Hopson bears the burden of proof. 
    Tenn. Code Ann. § 50-6-239
    (c)(6). At this
    time, he has not satisfied his burden as to temporary partial disability benefits. Based on
    this record, for the periods where Mr. Hopson was placed on restricted duty, the evidence
    is insufficient to show either that Driven Brands could not return him to work within the
    restrictions, or that it fired him without cause. Mr. Hopson may gather additional evidence
    and renew his request for these benefits at a later hearing.
    Turning now to temporary total disability benefits, an injured worker is eligible for
    them if: (1) the worker became disabled from working due to a compensable injury; (2)
    there is a causal connection between the injury and the inability to work; and (3) the worker
    established the duration of the period of disability. Jones, at *7. Temporary total disability
    benefits are terminated by the ability to return to work. 
    Id.
    Applying these principles, Driven Brands accepted the claim with regard to the head
    8
    injury, so a causal connection exists between the injury and Mr. Hopson’s inability to work
    or drive.
    As to the duration of disability, Dr. Prasad’s records clearly state that he was off
    work starting June 1, 2022. As previously discussed, Mr. Hopson complied with treatment.
    Still, Driven Brands ended compensation on July 1, before Dr. Prasad returned him to full
    duty on July 19. Therefore, Mr. Hopson has shown total disability from July 1 through
    July 19, or nineteen days. The Court holds Mr. Hopson is likely to prevail at trial in proving
    entitlement to temporary total disability benefits for this period.
    As a final matter, Mr. Hopson is not currently restricted from work by any
    authorized physician, so he is not entitled to ongoing temporary disability benefits at this
    time.
    IT IS THEREFORE ORDERED AS FOLLOWS:
    1. Driven Brands must authorize and schedule, within ten business days of this order,
    additional treatment with Promise Dental for any reasonable and necessary dental
    treatment causally-related to the work injury under Tennessee Code Annotated
    section 50-6-204(a)(1)(A). If Promise Dental is unwilling to continue to treat Mr.
    Hopson, within ten business days of this order, Driven Brands must offer him a
    panel of dentists willing to treat him and shall immediately schedule an appointment
    once Mr. Hopson makes his selection. Driven Brands must continue to offer Mr.
    Hopson a panel of dentists until a willing dentist is located.
    2. Driven Brands must offer a panel of neurologists within ten business days of this
    order, for Mr. Hopson to select another physician for any reasonable and necessary
    medical treatment causally-related to the work injury under Tennessee Code
    Annotated section 50-6-204(a)(1)(A). Driven Brands shall immediately schedule
    an appointment once Mr. Hopson makes his selection.
    3. Driven Brands must pay, within ten business days of this order, for all past
    authorized medical treatment. It shall also investigate whether any sums are owed
    for post-accident emergency treatment., and if so, it shall pay them immediately. It
    must also continue to promptly pay for all continuing authorized medical treatment
    that is reasonable, necessary and related to the work accident.
    4. Driven Brands must pay Mr. Hopson, within ten business days of this order, past
    temporary total disability benefits totaling $2,331.49.3 No other disability benefits
    are currently owed.
    3
    Mr. Hopson’s agreed weekly compensation rate is $858.98, or a daily rate of $122.71. When multiplied
    by nineteen days, he is owed $2,331.49.
    9
    5. The Court sets a status hearing on January 30, 2023, at 9:45 a.m. Central Time.
    You must dial (615) 532-9552 or (866) 943-0025 to participate.
    6. Unless interlocutory appeal of the Expedited Hearing Order is filed, compliance
    with this Order must occur no later than seven business days from the date of entry
    of this Order as required by Tennessee Code Annotated section 50-6-239(d)(3). The
    Employer must submit confirmation of compliance with this Order to the Bureau by
    email to WCCompliance.Program@tn.gov no later than the seventh business day
    after entry of this Order. Failure to submit the necessary confirmation within the
    period of compliance may result in a penalty assessment for non-compliance.
    ENTERED November 18, 2022.
    ________________________________________
    JUDGE KENNETH M. SWITZER
    Court of Workers’ Compensation Claims
    10
    Appendix
    Technical record:
    1.   Petition for Benefit Determination
    2.   Dispute Certification Notice
    3.   Order Setting Status Hearing
    4.   Request for Expedited Hearing
    5.   Order on Status Hearing
    6.   Employee’s Unpaid Temporary Disability Benefits
    7.   Unfinished Dental Treatment/Unpaid Temporary Disability Benefits (amended)
    Evidence:
    1. Declaration of Mr. Hopson
    2. Composite Medical Records
    3. Wage statement
    4. Panels
    5. Notices of Controversy
    6. Medical bills/explanation of benefit forms
    7. (None)
    8. Dental treatment records (identification only)
    9. Works restrictions
    10. Records, Dr. Chad Price
    11. Records, Ascension St. Thomas Hospital West
    CERTIFICATE OF SERVICE
    I certify that a copy of this Order was sent as indicated on November 17, 2022.
    Name                   Certified    Regular        Email   Sent to
    Mail         mail
    Michael Hopson,           X                          X     mhopson@comcast.net
    employee                                                   3121 Wilmoth Rd.
    Nashville TN 37207
    Joseph Ballard,                                      X     Joseph.ballard@thehartford.com
    employer’s attorney
    _______________________________________
    Penny Shrum
    Clerk, Court of Workers’ Compensation Claims
    WC.CourtClerk@tn.gov
    11
    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
    

Document Info

Docket Number: 2022-06-0393

Citation Numbers: 2022 TN WC 80

Judges: Kenneth M. Switzer

Filed Date: 11/18/2022

Precedential Status: Precedential

Modified Date: 11/18/2022