Wright. Rashard v. April Crowder, d/b/a Mr. P's Buffalo Wings Plus

FILED
Dec 06, 2021
08:23 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
RASHARD WRIGHT, ) Docket No. 2020-08-1004
Employee, )
v. )
APRIL CROWDER, ) State File No. 68386-2020
d/b/a MR. P’S BUFFALO WINGS )
PLUS, )
Employer. ) Judge Joshua Davis Baker
EXPEDITED HEARING ORDER
This Court held an expedited hearing on November 9, 2021, to consider Mr.
Wright’s request for temporary disability benefits and reimbursement of medical expenses
for injuries from severe burns he suffered while working at Mr. P’s. He also sought a
finding that he is eligible to apply for payment from the Uninsured Employers Fund (UEF).
This Court holds he would likely prevail at a final hearing in proving entitlement to
temporary disability benefits and reimbursement of medical expenses. However, Mr.
Wright is not eligible to apply for payment from the UEF.
Claim History
On November 21, 2019, Mr. Wright suffered severe burns while changing the fryer
oil at Mr. P’s. He explained that the restaurant lacked a proper grease transport system,
which forced him to empty the grease into pails and carry it out the back door of the
restaurant to the grease disposal container. As he exited the back door, he slipped, and hot
oil from the pail spilled on him, causing the burns.
Mr. Wright yelled for his coworker for assistance, and one came over to help him
remove his grease-covered sweatshirt. When the coworker removed the shirt, Mr. Wright’s
top layer of skin on his right arm detached and sloughed off with the sweatshirt.
The Crowders had just arrived at the restaurant when the accident happened and
came to assist. Mr. Crowder took Mr. Wright to a sink and began running cold water over
his burned arm. He instructed a coworker not to call 9-1-1 but to go to a nearby store and
get Neosporin and bandages to cover Mr. Wright’s arm. Ms. Crowder directed her husband
to take Mr. Wright to a hospital.
Mr. Crowder drove to St. Francis Medical Center, where he dropped Mr. Wright off
and then left. The providers at St Francis told Mr. Wright they could not treat his injury
and transferred him to a burn unit in downtown Memphis. His father drove him to the burn
unit.
Mr. Crowder came to meet Mr. Wright and his father at the burn unit. When he
arrived, Mr. Wright told him the burn unit needed the Crowders to fill out insurance
paperwork. Mr. Crowder agreed to do so. Although he agreed to have the paperwork
completed, no one from Mr. P’s completed the insurance paperwork.
Despite the missing paperwork, the providers burn unit treated Mr. Wright’s injury,
released him and recommended no future treatment unless he experienced pain at the burn
site. They also told him he could not work for six to eight weeks. Mr. Wright did not go
back to work until January 2, 2020, when he started a job with a new employer.
To support his claim for temporary disability benefits, Mr. Wright testified he
worked between thirty-eight and forty hours per week earning $10.50 per hour at Mr. P’s,
resulting in an average weekly wage of $420.00. He received no pay from Mr. P’s for the
six weeks and two days he missed from work.
Also, despite assurances from Ms.Crowder, Mr. P’s paid none of the medical bills,
which totaled $13,079.80.
An investigation by the Bureau showed Mr. P’s did not have an active workers’
compensation policy at the time of Mr. Wright’s injury.
Findings of Fact and Conclusions of Law
Mr. Wright seeks future medical benefits, reimbursement for past medical expenses,
and temporary disability benefits. To gain those benefits at this expedited hearing, he must
provide sufficient evidence showing he would likely prevail at a final hearing. See Tenn.
Code Ann. § 50-6-239(d)(1) (2021); McCord v. Advantage Human Resourcing, 2015 TN
Wrk. Comp. App. Bd. LEXIS 6, at *9 (Mar. 27, 2015).
Mr. P’s must pay Mr. Wright’s medical bills due to his work injury. Under the
Workers’ Compensation Law, the employer “shall furnish, free of charge to the employee,
such medical and surgical treatment . . . made reasonably necessary by accident as defined
in this chapter.” Tenn. Code Ann. § 50-6-204(a)(1)(A). An “injury” means “an injury by
2
accident . . . arising primarily out of and in the course and scope of employment that causes
. . . the need for medical treatment.” Tenn. Code Ann. § 50-6-102(14).
Here, Mr. Wright’s unrefuted testimony shows he suffered severe burns from hot
grease while working for Mr. P’s. He incurred $13,079.80 in medical bills for treatment
of those burns.
The Court finds the treatment he received for his injury to be reasonable and
medically necessary. Mr. P’s did not pay for the treatment and lacked insurance to cover
the costs. Therefore, the Court holds Mr. P’s must pay all the bills for the treatment. See,
e.g., Ducros v. Metro Roofing and Metal Supply Co., Inc., TN Wrk. Comp. App. Bd.
LEXIS 62, at *10 (Oct. 17, 2017) (“[A]n employer who does not timely provide a panel of
physicians risks being required to pay for treatment an injured worker receives on his
own.”).
Mr. P’s must also pay Mr. Wright temporary total disability benefits for the time he
missed work. Under Tennessee law, an employee who becomes disabled from working
due to a workplace injury that prevents him from working for a specific period of time is
entitled to compensation. See Jones v. Crencor Leasing and Sales, TN Wrk. Comp. App.
Bd. LEXIS 48, at *7 (Dec. 11, 2015).
Providers at the burn unit took Mr. Wright off work for six to eight weeks because
of his burns. Mr. Wright did not work from the date of the accident until January 2, 2020,
a period of six weeks and two days. He earned $420.00 per week, which translates to a
weekly compensation rate of $280.00. Mr. P’s shall pay Mr. Wright $1,720.00 in
temporary total disability benefits for the time he missed from work.
Having found Mr. Wright is likely to prove he is entitled to benefits; the Court next
examines his eligibility for assistance from the UEF. The Bureau has discretion to pay
limited temporary disability and medical benefits from the UEF to an employee injured
while working for an uninsured employer provided the employee meet certain criteria as
follows:
1) He worked for an employer who failed to carry workers’ compensation
insurance;
2) He suffered an injury arising primarily in the course and scope of employment
on or after July 1, 2015;
3) He was a Tennessee resident on the date he was injured;
4) He provided notice to the Bureau of the injury and of the failure of the employer
to secure payment of compensation within a reasonable period, but no longer
than sixty days after the date of injury.
3
See Tenn. Code Ann. § 50-6-801(d)(4).
Mr. Wright offered proof of items one through three: he worked for an uninsured
employer, was injured after July 1, 2015, and resided in Tennessee on the date of injury.
Unfortunately, Mr. Wright failed to comply with the fourth criterion, as his notice came
too late. He was injured on November 21, 2019, but did not file a petition for benefit
determination until October 16, 2020. Also, the Bureau’s investigation showed that it first
received notice of his accident on April 23, 2020. Both dates are beyond sixty days after
November 21, 2019. Due to the late notice, Mr. Wright does not qualify to apply for
payment from the UEF.
IT IS, THEREFORE, ORDERED as follows:
1. April Crowder doing business as Mr. P’s Buffalo Wings Plus shall pay Mr. Wright’s
$13,079.80 in medical expenses he incurred from his accident.
2. April Crowder doing business as Mr. P’s Buffalo Wings Plus shall pay Mr. Wright
$1,720.00 in temporary total disability benefits.
3. Mr. Wright is not eligible to apply for payments from the UEF.
4. This case is set for a status conference on Monday, February 14, 2022, at 9:00 a.m.
(CST). The parties must call 615-532-9552 or 866-943-0025 toll-free to participate
in the hearing.
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). Ms.
Crowder 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. For
questions regarding compliance, please contact the Workers’ Compensation Penalty
Unit by email at WCCompliance.Program@tn.gov.
ENTERED December 6, 2021.
_______________________________________
Joshua Davis Baker, Judge
Court of Workers’ Compensation Claims
4
APPENDIX
Exhibits:
1. Affidavit of Rhashard Wright
2. Expedited Request for Investigation
3. Medical bills filed with the REH
4. Photographs of injury
Technical Record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing
5
CERTIFICATE OF SERVICE
A copy of this order was sent as indicated on December 6, 2021.
Name Certified Via Via Service sent to:
Mail Fax Email
Rhashard Wright X Rhashardwright@yahoo.com
April Crowder X Mr. P’s Buffalo Wings Plus
1105 N. Houston Levee Rd.
Cordova, TN 38018
____________________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
Wc.courtclerk@tn.gov
6
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