Summary
The Tennessee Workers’ Compensation Appeals Board affirmed the denial of Wigelia White’s claim for benefits arising from alleged low-back and left-hip injuries sustained while moving mail bags for Federal Express Corp. The Board held that White failed to provide timely written notice, establish actual employer knowledge, or demonstrate a reasonable excuse for late notice. Alternatively, the Board concluded that the medical proof did not establish that the alleged work accident contributed more than 50% to her disability or need for treatment.
Topics
Practice areas
Questions Presented
- Whether White provided legally sufficient notice of the alleged work-related accident under Tennessee Code Annotated section 50-6-201(a).
- Whether the evidence established that the alleged work accident contributed more than fifty percent to White’s disablement or need for medical treatment under Tennessee Code Annotated section 50-6-102(12).
Holdings
- White failed to provide proper notice because she did not provide written notice within fifteen days, did not prove that the employer had actual knowledge of the alleged accident, and did not establish a reasonable excuse for the delay.
- White failed to prove by a preponderance of the expert medical evidence that the alleged work accident contributed more than fifty percent to her disablement or need for medical treatment.
Key quotations
“That opinion was entitled to a presumption of correctness that could only be overcome by a preponderance of the expert medical evidence.” (7)
“In sum, we conclude the preponderance of the evidence supports the trial court’s credibility determinations and its finding that Employee did not provide proper notice of her alleged work-related accident.” (7)
Factual background
White, a FedEx materials handler, alleged that she injured her low back, left hip, and related areas while moving heavy mail bags on or about August 7, 2024. She did not provide written notice of the alleged accident within fifteen days, and contemporaneous medical records did not identify a specific work-related accident. The panel-selected physician initially attributed her symptoms to work duties but later concluded, after reviewing prior medical records showing degenerative spinal conditions, that the symptoms were not more than fifty percent related to the alleged work incident. A chiropractor offered a contrary impairment opinion but acknowledged uncertainty regarding causation and did not use the AMA Guides to calculate the impairment rating.
Procedural history
The Court of Workers’ Compensation Claims denied White’s claim after finding that she failed to provide timely statutory notice of the alleged work accident and, alternatively, failed to prove that the accident contributed more than fifty percent to her disability or need for medical treatment. White appealed. The Tennessee Workers’ Compensation Appeals Board affirmed the order in all respects and certified it as final for purposes of further appeal.