Davis, Betty J. v. Life Line Screening of America, Ltd. , 2017 TN WC 81 ( 2017 )

FILED
TN COURTOF
~ ORKIRS' Jones, supra. Life Line filed no medical proof to rebut Dr. Brown's opinion. Thus, the
Court holds Ms. Davis is likely to prevail at a hearing on the merits that she is entitled to
temporary total disability benefits.
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IT IS, THEREFORE, ORDERED as follows :
1. The parties stipulated that the amount of temporary disability benefit is $4 79.22
per week based on Ms. Davis' average weekly wage of $718.82.
2. Payment of past due temporary total disability benefits in the amount of
$23,961.00 shall be made for the period from May 11, 2016, to April 25, 2017. If
counsel for Ms. Davis wishes to do so, he may file a motion requesting attorney
fees along with a supporting contractual agreement between himself and Ms.
Davis.
3. Life Line or its workers' compensation carrier shall continue to pay to Ms. Davis
temporary disability benefits in regular intervals until she is no longer eligible for
those benefits by reaching maximum medical improvement, by returning to work
at a wage equal to or greater than the pre-injury wage, or by release without
restrictions by the authorized treating physician. Life Line's representative shall
immediately notify the Bureau, Ms. Davis, and Ms. Davis' counsel, of the intent to
terminate temporary disability benefits by filing Form C-26, citing the basis for
the termination.
4. This matter is set for a Status Hearing on July 25, 2017, at 10:00 a.m. Eastern
Time. You must call (423) 634-0164 or toll-free at (855) 383-0001 to participate
in the Status Hearing. You must call in on the scheduled date/time to participate.
Failure to call in may result in a determination of the issues without your further
participation.
5. 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) (2016). The Insurer or Self-Insured
Employer must submit confirmation of compliance with this Order to the
Bureau by email to W CCom pliance.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.
6. For questions regarding compliance, please contact the Workers' Compensation
Compliance Unit via email WCCompliance.Program@tn. go or by calling (615)
253-1471 or (615) 532-1309.
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ENTERED this the 25th day of April, 2017.
APPENDIX
Exhibits:
1. Affidavit of Betty Davis
2. Deposition of Dr. Thomas W. Brown, III
3. Causation responses of Dr. Brown
4. Medical bills of AFC Urgent Care and Dr. Brown
5. Office note of Doctors Express
6. Dr. Brown's causation statement
7. Wage Statement
Technical record:
1. Petition for Benefit Determination
2. Dispute Certification Notice, including additional defenses
3. Request for Expedited Hearing
4. Motion for Discovery Prior to Expedited Hearing
5. Employer's Response to Employee's Request for Expedited Hearing
6. Order Granting Motion for Discovery Prior to Expedited Hearing
7. Docketing Notice for Review of the File Determination
8. Amended Request for Expedited Hearing
9. Notice of Expedited Hearing
10. Expedited Hearing Order
11. Motion for Temporary Total Disability Benefits.
12. Employer's Response to Employee's Motion for Temporary Benefits and
Employee's Second Petition for Benefit Determination
13. Agreed Order Waiving In-Person Hearing
14. Docketing Notice for On-The-Record Determination
15. Amended Agreed Order Waiving In-Person Hearing
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Expedited Hearing Order was
sent to the following recipients by the following methods of service on this the 25th day
of April, 20 17.
Name Certified Mail Via Email Email Address
Michael Wagner, X maw@wagnerinjury .com
Attorney
Blair Cannon, X l. blair .cannon@thehartford .com
Attorney
HRUM, COURT CLERK
wc .cour derk@tn.gov
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