Lee,Courtney v. Federal Express Corp.

FILED
Dec 21, 2021
07:15 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
COURTNEY LEE, ) Docket No. 2020-08-0214
Employee, )
v. )
FEDERAL EXPRESS CORP., )
Employer, ) State File No. 109468-2019
and )
INDEMNITY INS. CO. OF NORTH )
AMERICA, )
Carrier. ) Judge Deana Seymour
COMPENSATION ORDER
Courtney Lee injured her neck and back pulling a box. The authorized physician
treated Ms. Lee conservatively for cervical and lumbar strains but could not find anything
objective to explain her ongoing complaints. Ms. Lee sought additional medical,
temporary disability, and permanent disability benefits, and the Court held a
Compensation Hearing on December 10, 2021. Based on the proof, the Court awards
medical benefits to the extent Ms. Lee’s compensable injury requires additional treatment
but denies her request for temporary and permanent disability benefits.
History of Claim
Ms. Lee injured her neck and back pulling a box at work on November 2, 2019.
She received conservative treatment with a nurse practitioner, who referred her to an
orthopedist. Federal Express offered a panel, and she chose Dr. Frederick Wolf.
Dr. Wolf treated Ms. Lee with medication, physical therapy, and restricted duty.
He ordered x-rays and MRIs, which were normal except for pre-existing mild facet
arthropathy. Dr. Wolf found nothing to explain Ms. Lee’s complaints of arm and leg
numbness, so he returned her to full duty in December 2019.
1
Ms. Lee next saw Dr. Wolf in January 2020. She told Dr. Wolf she reinjured her
back when she returned to work. He ordered an MRI of her pelvis and thoracic spine, a
repeat MRI of her lumbar spine, and an EMG nerve conduction study of both upper and
lower extremities. All test results were within normal limits.
Dr. Wolf released Ms. Lee at maximum medical improvement on January 23 due
to no objective findings that her condition is work-related. He did not assign restrictions,
and he noted he had nothing further to offer. Later, in a C-32, Dr. Wolf determined that
Ms. Lee retained no permanent impairment. However, he wrote that lifting a box at work
was, more likely than not, “primarily responsible for the injury or primarily responsible
for the need for treatment.”
Ms. Lee disagreed with Dr. Wolf’s diagnoses and disability conclusion and sought
unauthorized treatment for her ongoing symptoms. Records from Delta Health Center
suggested she was diagnosed with cervical and lumbar radiculopathy. However, she did
not obtain a C-32 or deposition from her unauthorized providers to causally relate these
conditions to her work injury.
Ms. Lee testified that she continues to suffer pain in her neck, back, and legs. She
has been referred for further diagnostic testing and treatment, but she cannot afford to pay
out-of-pocket. She maintained that she still does not know what is wrong with her, and
she asked the Court to order benefits so she could find out.
Federal Express did not dispute the work incident occurred but argued that Ms.
Lee’s current need for treatment did not relate to it. Further, Federal Express relied on Dr.
Wolf’s conclusions that Ms. Lee could return to full-duty work and retained no
permanent impairment. It argued that it provided all benefits the law required, including
medical and temporary disability benefits while Ms. Lee was under the care of authorized
providers.
Findings of Fact and Conclusions of Law
Ms. Lee must prove all elements of her claim by a preponderance of the evidence
at a Compensation Hearing. Tenn. Code Ann. § 50-6-239(c)(6) (2021).
To obtain the requested relief, she must prove that her current condition arose
primarily from work. Specifically, this means she must show “to a reasonable degree of
medical certainty that the [incident] contributed more than fifty percent (50%) in causing
the . . . disablement or need for medical treatment, considering all causes.” Tenn. Code
Ann. § 50-6-102(14)(C). Medical evidence is generally required to prove a causal
relationship, “[e]xcept in the most obvious, simple and routine cases.” Berdnik v.
Fairfield Glade Com’ty Club, 2017 TN Wrk. Comp. App. Bd. LEXIS 32, at *10-11 (May
2
18, 2017). The Court finds Ms. Lee’s alleged injury is not routine, and medical evidence
is required to show a causal relationship.
Here, Dr. Wolf related Ms. Lee’s injury to her employment. His C-32 stated that
Ms. Lee’s employment activity of lifting a box at work was, more likely than not,
“primarily responsible for the injury or primarily responsible for the need for treatment.”
Of import, Dr. Wolf’s opinion is presumed correct because Ms. Lee chose him from a
panel. See Tenn. Code Ann. § 50-6-102(14)(E). Therefore, Ms. Lee is entitled to
continuing medical treatment with Dr. Wolf for any work-related condition.
Turning to Ms. Lee’s request for temporary disability benefits, she must show (1)
total disability from working as the result of a compensable injury; (2) a causal
connection between the injury and the inability to work; and (3) the duration of the period
of disability. Shepherd v. Haren Constr. Co., Inc., 2016 TN Wrk. Comp. App. Bd.
LEXIS 15, at *13 (Mar. 30, 2016). However, Ms. Lee has not provided evidence to
satisfy these factors. Based on the medical evidence, her unauthorized providers never
took her off work or placed her under restrictions. When she was taken off work and
placed on restrictions shortly after her accident, she received disability benefits while she
treated with her authorized providers.
Moreover, Dr. Wolf returned her to full-duty work in December 2019 and then
placed her at maximum medical improvement on January 23, 2020. Temporary disability
benefits end upon returning to work or reaching maximum medical improvement. Jewell
v. Cobble Const. & Arcus Restoration, 2015 TN Wrk. Comp. App. Bd. LEXIS 1, at *21-
22 (Jan. 12, 2015). Ms. Lee has not provided any medical proof to oppose Dr. Wolf’s
determinations regarding her return to work or maximum medical improvement date.
Thus, she has not shown she is entitled to additional temporary disability benefits.
Further, she has not proven entitlement to permanent disability benefits. The only
medical proof on permanent impairment is Dr. Wolf’s C-32, which concluded that Ms.
Lee retains no permanent impairment. Therefore, the Court cannot award her permanent
disability benefits.
IT IS, THEREFORE, ORDERED as follows:
1. Federal Express shall continue to provide medical treatment with Dr. Frederick
Wolf for any work-related condition as provided by Tennessee Code Annotated
section 50-6-204.
2. Ms. Lee’s request for temporary and permanent disability benefits is denied.
3. Federal Express shall prepare and file a statistical data form SD2 within ten
business days of the date of this order.
3
4. The filing fee is taxed to Federal Express under Tennessee Compilation Rules and
Regulations 0800-02-21-.07 (August 2019), which shall be paid within five
business days of entry of this order.
5. Unless appealed, this order shall become final thirty days after issuance.
ENTERED December 20, 2021.
____________________________________
JUDGE DEANA C. SEYMOUR
Court of Workers’ Compensation Claims
APPENDIX
Technical Record
1. Petition for Benefit Determination
2. Dispute Certification Notice (filed August 13, 2020)
3. Request for Expedited Hearing, along with Ms. Lee’s affidavit
4. Expedited Hearing Order Denying Requested Relief
5. Scheduling Order
6. Employer’s Motion for Summary Judgment
7. Order Denying Request to Set Hearing
8. Employee’s Pre-Hearing Statement (Two filings)
9. Employee’s Request for Stipulations
10. Pre-Hearing Conference Order
11. Employee’s Pre-Hearing Statement (Addendum)
12. Employee’s Witness List
13. Employer’s Pre-Hearing Statement, along with Employer’s Exhibit and Witness
Lists
14. Dispute Certification Notice (filed November 9, 2021)
Exhibits
1. Delta Health Center record dated April 7, 2020
2. Delta Health Center lab record dated December 7, 2021
3. Earning records (Collective)
4. South Sunflower County Hospital record dated March 13, 2020
5. Excerpts from Exhibit A to Federal Express’s Motion for Summary Judgment
6. Employment records from Federal Express related to its termination procedure
(Collective)
7. Bolivar County Summons to Tenant
4
8. DeSoto Family Medical Center record dated November 12, 2019
9. Delta Health Center records (Collective)
10. Dr. Wolf’s C-32 Final Medical Report
11. Delta Health Center record dated April 7, 2021
12. Emails between Ms. Lee and Sedgwick from TNComp filing 61228 (filed
September 6, 2021) and Emails between Ms. Lee and OrthoSouth and Sedgwick
from TNComp filing 61114 (filed August 31, 2021) (Collective)
13. Wage Statement
14. Choice of Physician Form with emails between Ms. Lee and adjuster
15. DeSoto Family Medical Center records from Federal Express’s Medical Record
Designation
16. OrthoSouth records from Federal Express’s Medical Record Designation
17. MidSouth Imaging records from Federal Express’s Medical Record Designation
18. Dispute Certification Notice dated November 9, 2021
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as shown on December 21, 2021.
Name Certified Email Service sent to:
Mail USPS
Courtney Lee, X X X Courtney Lee
Self-Represented 506 Yale Street
Employee Cleveland, MS 38732
clee32102@gmail.com
Preston Dennis, X preston@thehuntfirm.com
Employer’s Attorney
_____________________________________
PENNY SHRUM, COURT CLERK
Court of Workers’ Compensation Claims
5
Compensation Hearing Order Right to Appeal:
If you disagree with this Compensation Hearing Order, you may appeal to the Workers’
Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’
Compensation Appeals Board, 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 thirty calendar days of the
date the compensation hearing order was filed. When filing the Notice of Appeal, you
must serve a copy upon the opposing party (or attorney, if represented).
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 filing 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 your 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. A licensed court
reporter must prepare a transcript and file it with the court clerk within fifteen calendar
days of the filing the Notice of Appeal. Alternatively, you may file a statement of the
evidence prepared jointly by both parties within fifteen calendar 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
of the evidence 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. After the Workers’ Compensation Judge approves the record and the court clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties. The appealing
party has fifteen calendar days after the date of that notice to submit a brief to the
Appeals Board. See the Practices and Procedures of the Workers’ Compensation
Appeals Board.
To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing
Order must be final and you must comply with the Tennessee Rules of Appellate
Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s
Order will become final by operation of law thirty calendar days after entry. See Tenn.
Code Ann. § 50-6-239(c)(7).
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