Gockenbach, Taylor v. University Health Systems, Inc.

Summary

In this expedited workers’ compensation order, the Tennessee Court of Workers’ Compensation Claims held that the employee timely reported a cumulative trauma injury after receiving a diagnosis of a labral tear. The court awarded ongoing medical benefits and $3,122.78 in temporary total disability benefits for May 16 through August 8, 2025, but denied temporary disability benefits thereafter because suitable work was available. The court designated Dr. Michael Kern as the authorized physician and set a status hearing.

Holdings

1. An employee with a cumulative trauma injury satisfies Tennessee's fifteen-day notice requirement when she gives notice within fifteen days after she knows or reasonably should know that she suffered an injury causing permanent physical impairment or inability to perform normal work activities. Gockenbach's April 29 notice, given four days after Dr. Kern diagnosed her labral tear, was timely.
2. Dr. Kern remained the authorized treating physician because the authorized provider referred Gockenbach to him and University did not object within three days.
3. Gockenbach was likely to prevail on temporary total disability benefits for the period from May 16 through August 8, 2025, and was entitled to $3,122.78 for that period.
4. Gockenbach was not likely to prevail on temporary partial disability benefits after August 8, 2025, because University had work available within her restrictions and she had not looked for work.
5. The Court overruled University's objection and admitted the signed C-32 medical record.

Questions Presented

1. Whether Gockenbach timely notified University of a cumulative trauma injury under Tennessee's workers' compensation notice statute.
2. Whether Dr. Kern should be designated as Gockenbach's authorized treating physician.
3. Whether Gockenbach was likely to prevail on her claim for temporary total disability benefits from May 16 through August 8, 2025.
4. Whether Gockenbach was likely to prevail on temporary partial disability benefits after August 8, 2025, despite University's ability to accommodate her restrictions.
5. Whether the C-32 signed medical record was admissible over University's objection.

Disposition

other