Scott, Kawanda v. Rent-A-Center, Inc. ( 2023 )

FILED
Dec 15, 2023
02:20 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
KAWANDA SCOTT, ) Docket No.: 2023-08-0096
Employee, )
v. )
RENT-A-CENTER, INC., ) State File No.: 76871-2021
Employer, )
And )
EVEREST PREMIER INS. CO., ) Judge Shaterra R. Marion
Carrier.
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an expedited hearing on December 13, 2023, on Ms. Scott’s request
for medical and temporary disability benefits for ulnar neuritis. The Court denies her
request because the authorized treating physician determined that Ms. Scott’s current
condition is not primarily related to her workers’ compensation injury. 1
History of Claim
Ms. Scott testified that she fell backwards at work while rolling a king size mattress
into the store on a dolly on October 1, 2021. 2 She testified that Rent-A-Center provided
her a panel, from which she chose Concentra. She presented with pain in her tailbone and
her upper right neck. X-rays showed no significant findings, and her doctor assigned
physical therapy and placed her on light-duty work.
1
Rent-A-Center seeks repayment for a $18,059.35 temporary total disability overpayment. However, the
parties agreed this issue is more appropriate for a compensation hearing. Thus, the Court declines to rule
on overpayment.
2
Randy Ganger, a delivery driver not employed by Rent-A-Center but present at the time of the injury,
testified by Zoom about what happened on the date of the injury. However, because the events of October
1, 2021, are not in dispute, the Court will not summarize his testimony here.
According to Ms. Scott’s testimony, Rent-A-Center did not accommodate her
restrictions, so she continued working full duty. After she experienced continuing pain,
Concentra ordered MRIs, which came back with no acute findings. Eventually she stopped
working and participated in physical therapy. The physical therapy only granted slight
relief, so Concentra referred her to Dr. Keith Williams, an orthopedic doctor.
Ms. Scott testified she requested Dr. Williams because he previously performed her
unrelated cervical fusion. Rent-A-Center accepted the referral.
Dr. Williams ordered an EMG, which came back normal. He also ordered a
functional capacity exam, which showed Ms. Scott’s ability to work at medium duty level.
He placed Ms. Scott at maximum medical improvement with a zero percent rating on
February 18, 2022, and noted that she would need future medical treatment.
Ms. Scott next saw Dr. Salman Saeed, who gave her a left elbow injection about a
year after she was placed at maximum medical improvement. Ms. Scott briefly mentioned
that she experienced her current symptoms of left elbow pain and numbness after her fall
at work. Dr. Saeed also noted her normal MRI and EMG. Dr. Saeed’s treatment was not
authorized.
Ms. Scott also saw Dr. Robert Jeffrey Cole, who referred her for another EMG,
which showed mild ulnar neuritis at her left elbow. Dr. Cole’s records were not submitted
to the Court.
A later note by Dr. William Weller, another orthopedist, stated that Dr. Cole
determined that Ms. Scott only had mild symptoms that did not require surgery.
Ms. Scott returned to Dr. Williams a month after the second EMG. He stated in a
letter that “it is my professional opinion that the ulnar neuritis Mrs. Scott is currently
experiencing is not related to the worker’s compensation injury she sustained to her neck
and back on 10/01/21.”
Dr. Chris Connelly conducted a records review at Ms. Scott’s request. He diagnosed
a left elbow injury, cubital tunnel syndrome, and ulnar neuropathy. He assessed a two
percent impairment rating and stated that, due to her developing condition, impairment
would be updated in six months to one year. Dr. Connelly did not address causation for
Ms. Scott’s diagnosed injuries.
Findings of Fact and Conclusions of Law
Ms. Scott must show she is likely to prevail at trial in establishing that her injuries
arose primarily out of and in the course and scope of her employment. Tenn. Code Ann. §
50-6-102(12); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd.
LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
In this case, Rent-A-Center offered the opinion of Dr. Williams, who specifically
said Ms. Scott’s work injury did not cause her current ulnar neuritis. Dr. Williams, as the
authorized panel physician, is presumed correct regarding causation. Tenn. Code. Ann. §
50-6-102(12)(E).
Ms. Scott offered two expert opinions to rebut Dr. Williams. However, Dr.
Connelly’s report does not offer an opinion on causation, and Dr. Saeed’s only briefly
mentions that Ms. Scott’s continuing symptoms began in October 2021. These two
opinions fall short of showing her elbow injury was primarily work-related, so her proof is
insufficient to rebut the presumption afforded Dr. Williams.
Thus, the court holds that Ms. Scott is not likely to prevail at trial in establishing
that her ulnar neuritis arose primarily out of and in the course and scope of her
employment. 3
IT IS THEREFORE ORDERED as follows:
1. Ms. Scott’s request for medical and temporary benefits is denied.
2. The court sets a status conference on January 29, 2024, at 10:30 a.m. Central
Time. The parties must call (866) 943-0014 to participate. Failure to call might
result in a determination of the issues without the party’s participation.
ENTERED December 15, 2023.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
3
Ms. Scott requested that she be allowed to treat with her unauthorized physicians. However, Dr. Williams
has not declined to treat her, so he continues to be her authorized treating physician. Limberakis v. Pro-
Tech Sec., Inc., 2017 TN. Wrk. Comp. App. Bd. LEXIS 53, at *8-10 (Sept. 12, 2017).
APPENDIX
Exhibits:
1. Joint-Filed Medical Records
2. Wage Statement
3. Payment Ledger
Technical Record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Hearing with Affidavit of Kawanda Scott
4. Order Setting Expedited Hearing
5. Order Granting Motion for Witness to Appear by Video Call
6. Subpoena of Witness Appearing by Video Call
7. Employer’s Pre-Hearing Brief
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on December 15, 2023.
Name Email Sent to
Femi Salu, X salu@salulawfirm.com
Employee’s Attorney
Kenneth D. Veit, X kenny.veit@leitnerfirm.com
Employer’s Attorney crystal.brown@leitnerfirm.com
_______________________________________
Penny Shrum
Clerk, Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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