Armas, Juan v. Lucas Enamorado , 2017 TN WC 158 ( 2017 )

FILED
A11gust 22~ 20 l 7
TNCOURTOF
ll\ ORKERS'OOMPINS .!\TION
Peters,
supra, at *9.
5
Here, of the applicable factors, Mr. Armas testified without contradiction that Mr.
Enamorado or supervisors controlled the conduct of the work. Along these lines, the
post-injury agreement states that Mr. Armas became injured under Mr. Enamorado's
"direction," implying that Mr. Enamorado controlled the worksite. Mr. Enamorado paid
Mr. Armas an hourly wage, suggestive of an employee rather than an independent
contractor. While Mr. Armas brought his own tools to the worksite, as previously noted,
workers in his field customarily do so. While the parties' testimony varied about the
hours, the Court accredits Mr. Armas' account and finds Mr. Armas followed a work
schedule that Mr. Enamorado or the supervisors set. Finally, although Mr. Armas left
briefly to work elsewhere, that was due to a lack of work for Mr. Enamorado and not
because he was free to offer his services to other entities. In sum, the Court finds the
evidence supports a holding that Mr. Armas was Mr. Enamorado's employee rather than
an independent contractor.
Therefore, as a matter of law, Mr. Armas has come forward with sufficient
evidence from which this Court concludes, at this time, that he is likely to prevail at a
hearing on the merits regarding the compensability of his claim.
Medical Benefits
Since Mr. Armas falls within the Workers' Compensation Law, the Court turns to
his requested relief.
Mr. Armas' stated focus at the expedited hearing was mostly "about the bills."
Tennessee Code Annotated section 50-6-204(a)(l)(A) provides that employers must
provide medical and surgical treatment made reasonably necessary by a workplace
accident free of charge to the injured employee. Ordinarily, this would entitle Mr. Armas
to an order that Mr. Enamorado pay all outstanding sums for past treatment. However,
this Court cannot do so on this record because it declined to admit Mr. Armas' bills into
evidence. See Osborne v. Beacon Transport, LLC, et al., 2016 TN Wrk. Comp. App. Bd.
LEXIS 49, at *9-10 (Sept. 27, 2016). This holding does not prevent Mr. Armas from
. presenting additional evidence on this issue at a later hearing.
Mr. Armas also testified, without contradiction, that he needs surgery for the work
injury. Section 50-6-204(a)(l)(A) requires that Mr. Enamorado provide ongoing medical
benefits. Thus, the Court grants Mr. Armas' request for further medical benefits. Given
the course of treatment to date, the Court finds it appropriate that the approved providers
be those at Vanderbilt.
6
IT IS, THEREFORE, ORDERED as follows:
1. Mr. Enamorado shall provide Mr. Armas with medical treatment with Vanderbilt
(Dr. Janice Law) designated as the authorized treating provider(s). Vanderbilt or
Mr. Armas shall furnish medical bills to Mr. Enamorado for prompt payment.
2. Mr. Armas' request for past medical benefits, specifically payment for past
medical bills, is denied at this time.
3. This matter is set for a Scheduling Hearing on October 16, 2017, at 10:00 a.m.
Central. The parties must call 615-532-9552 or toll-free at 866-943-0025 to
participate in the Hearing. Failure to call may result in a determination of the
issues without the parties' participation.
4. 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 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. For questions regarding compliance, please contact the
Compliance Unit via email at WC om liru1ce.Pro ram t tn . ov.
ENTERED the 22nd day of August, 2017.
Court of Workers' Com pens
APPENDIX
Exhibits:
1. Affidavit ofFabricio Sosa
2. Affidavit ofErmes Garcia
3. FROI
4. Initial Workers' Compensation Exemption Registration Acknowledgement and
Filing Information
5. Denial email
6. Medical records from Vanderbilt
7. Acta de Mutuo Acuerdo (Act ofMutual Agreement)
8. Memo of payments to Mr. Armas
7
Technical record:
1. Petition for Benefit Determination
2. Employer's Position Statement
3. Dispute Certification Notice
4. Request for Expedited Hearing
5. Witness and Exhibit List of Employer/Carrier
6. Subpoenas/Return on Service: Troy Walton, Adilene Padilla, Ana Lopez
7. Employer's Brief
8. Notice ofRetention of Interpreter
CERTIFICATE OF SERVICE
I 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 22nd day of
August, 20 17.
Name Certified Via Via Service sent to:
Mail Fax Email
Juan Armas, X 5308 Pennsylvania Ave.,
Employee Nashville TN 37209
Ritchie Pigue, Steven X rgigue@tgmblaw .com;
Parman, steve(ci2watkinsmcnei llv .com
Employer's Counsel
1, Clerk of Court
Court of rkers' Compensation Claims
WC.CourtClerk@tn.gov
8