McDonough, James v. Phillips General and Mechanical

FILED
TNCOURTOF
1\ ORKI.RS' COllPE.NSATION
803 S.W.2d 672, 677 (Tenn. 1991). In contrast,
neither Dr. Alexander nor Dr. Walker examined Mr. McDonough or communicated with
his treating physician or family. Instead, each only performed a records review. Notably,
Dr. Alexander did not review several records he allegedly relied upon in his report. He
testified that he used Dr. Walker's report to summarize some of those records. Thus, the
information available to the doctors and the importance of that information by other
experts weigh in favor of Dr. Pang.
Tennessee Code Annotated section 50-6-204(a)(l)(A) (2017) states, "the employer
or the employer's agent shall furnish, free of charge to the employee, such medical and
surgical treatment ... made reasonably necessary by accident as defined in this chapter."
PGM initially approved treatment with Dr. Pang, who referred Mr. McDonough to a
psychologist for testing and therapy and to a neurologist or "head concussion specialist"
for further treatment. The records-review reports of Dr. Walker and Dr. Alexander and
surveillance video of Mr. McDonough fail to rebut Dr. Pang's causation opinion, which
is presumed correct.
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Thus, Mr. McDonough has come forward with sufficient evidence from which this
Court concludes he is likely to prevail regarding his need for the treatment recommended
by Dr. Pang. Therefore, the Court grants his request for this treatment.
.IT IS, THEREFORE, ORDERED as follows:
1. PGM shall approve Dr. Pang's referral for psychological therapy and pay for
evaluation and/or treatment with Dr. Connie Paul as a result of the January 8,
2015 injury. PGM shall also approve Dr. Pang's referral for a neurological
evaluation and/or treatment with Dr. Feiyu Chen as a result of the January 8,
2015 injury. Mr. McDonough or the providers shall submit their billing to PGM
for payment under the applicable fee schedule.
2. This matter is set for a Scheduling Hearing on April 9, 2018, at 9:00 a.m.
Central Time. The parties must call (615)532-9550 or toll-free (866)943-0014
to participate in the Scheduling Hearing. Failure to appear by telephone may
result in a determination of issues without your participation.
3. 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). The Insurer or Self-Insured Employer 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 this the\~day of February, 2018.
~ c.-
DEA A SEYMOUR, JUDGE
Court of Workers' Compensation Claims
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APPENDIX
Exhibits:
1) Medical records and reports with Table of Contents (Collective)
2) Medical Record of Edward Pratt, M.D., dated October 14, 2011
3) Medical Records of Conrad Pearson Clinic, dated April27, 2012
4) Recorded Statement of James McDonough
5) Transcript of James McDonough's deposition
6) Transcript of James Alexander, M.D.'s deposition
7) Transcript of James Walker, Ph.D.'s deposition
8) Declaration of Phil Shulte with report and surveillance video
9) Declaration of Sherry Turner with report and surveillance video
10) Witness Statement of Timothy Meeks
11)Witness Statement of Brent Needham
12)Form C-20 Employer's First Report of Work Injury or Illness
13)Form C-41 Wage Statement
Technical Record:
1) Petition for Benefit Determination
2) Dispute Certification Notice, with attached list of Additional Issues
3) Show Cause Order
4) Request for Expedited Hearing, with Mr. McDonough's affidavit
5) Notice of Filing
6) Order of Dismissal Without Prejudice, issued March 2, 2017
7) Motion to Set Aside Order of Dismissal Without Prejudice
8) Order Setting Aside Order of Dismissal, issued March 16, 2017
9) Notice of Filing Wage Statement, with attachment
10)PGM's Position Statement for Expedited Hearing
11)0rder of Continuance, issued April21, 2017
12)Transfer Order, issued April24, 2017
13)Status Hearing Order, issued May 23, 2017
14)Status Hearing Order, issued June 7, 2017
15)Notice of Filing Opinion Letter of Jim Pang, M.D., with attachments
16)Joint Motion to Extend Deadline for Pre-Hearing Submissions
17)0rder on Joint Motion to Extend Deadline for Pre-Hearing Submissions,
issued January 10, 2018
18)Position Statement of Mr. McDonough for Expedited Hearing
19)Mr. McDonough's Exhibit List
20)Mr. McDonough's Witness List
21)PGM's Supplemental Expedited Hearing Statement
22)PGM's Witness and Exhibit List
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23)Mr.l\1cDonough's Amended Exhibit List
24)Notice of Filing Medical Record of Edward Pratt, M.D., with attachments
25)Notice ofFiling Medical Records of Conrad Pearson Clinic, with attachments
26)Notice of Filing Deposition Transcripts of James Walker, Ph.D. and James
Alexander, M.D., with attachments
27) PGM's Motion to Deem Admitted
28)Mr. McDonough's Response to PGM's Request for Admissions
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 _ _ day
16th
ofFebruary, 2018.
Name Certified Via Via Service sent to:
Mail Fax Email
Stephen Libby, X steve@lnlawmemQhis.com
Employee's Attorney cc: cecile@lnlawmemphis.com
Cate Dugan, X cate@2eterson white. com
Employer's Attorney cc: rvan@petersonwhite.com
Pe~,E:~
Court of rkers' Compensation Claims
WC.CourtClerk@tn.gov
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