IN THE COURT OF WORKERS' COMPENSATION CLAIMS
AT KINGSPORT
Chad Drovdahl, ) Docket No.: 2015-02-0143
Employee, )
v. ) State File No.: 3062-2015
)
City of Bristol, Tennessee, ) Date of Injury: January 13,2015
Employer, )
and ) Judge: Brian K. Addington
)
TML Risk Management Pool, )
Insurance Carrier. )
EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS
THIS CAUSE came before the undersigned Workers' Compensation Judge on
August 25, 2015, upon the Request for Expedited Hearing filed by Chad Drovdahl (Mr.
Drovdahl), the Employee, on August 5, 2015, pursuant to Tennessee Code Annotated
section 50-6-239 (2014), to determine if the City of Bristol, Tennessee (Bristol), is
obligated to provide medical and temporary disability benefits. Considering the positions
of the parties, the applicable law, and all of the evidence submitted, the Court concludes
that Mr. Drovdahl is entitled to the requested medical benefits.
ANALYSIS
Issues
1. Whether Mr. Drovdahl sustained an injury that arose primarily out of and in the
course and scope of employment with Bristol.
2. Whether Mr. Drovdahl suffered from a pre-existing condition that was aggravated
by a work-related injury.
3. Whether Mr. Drovdahl sustained an injury in the course and scope of his
employment with Bristol.
1
4. Whether Bristol is obligated to provide a panel of physicians upon notice of Mr.
Drovdahl of an alleged injury.
5. Whether the panel of physicians provided by Bristol was in compliance with the
law.
6. Whether Mr. Drovdahl is entitled to another panel of physicians in compliance
with the law.
7. Whether Mr. Drovdahl is entitled to additional medical care as recommended by a
physician.
8. Whether Mr. Drovdahl is entitled to an evaluation by another physician.
9. Whether Mr. Drovdahl is entitled to any past or future temporary total disability
benefits, and if so, in what amount.
Evidence Submitted
The Court admitted into evidence the exhibits below:
1. Collective Exhibit of State forms;
2. Pre-Injury Medical Records: Dr. Thomas Whitman (Dr. Whitman);
3. Medical Records: Dr. Galen Smith;
4. C-23 Notice of Denial dated May 27, 2015;
5. Post-Injury Medical Records: Dr. Sanjeev Kakkar and Dr. Whitman; and
6. March 25, 2015 letter by Dr. Whitman.
The Court designated the following as the technical record:
• Petition for Benefit Determination (PBD), May 26, 2015
• Dispute Certification Notice (DCN), July 24, 2015
• Mr. Drovdahl's Request for Expedited Hearing (REH), August 5, 2015.
Mr. Drovdahl testified in-person at the hearing.
History of Claim
Mr. Drovdahl worked for Bristol as a maintenance worker. On January 13, 2015,
Mr. Drovdahl repaired a broken water pipe, which required him to work in knee-deep
mud. When he completed his work, Mr. Drovdahl attempted to free his right leg from the
surrounding mud and felt a pop and a tear in his right knee. (Ex. 1 at 1.) Mr. Drovdahl
reported the incident to his supervisor and went home due to pain. Bristol called Mr.
Drovdahl to return to work in order to arrange medical treatment for his condition.
Mr. Drovdahl testified that he initially received authorized treatment at Wellmont
Occupational Health Services (Wellmont). The parties did not present evidence of a
signed panel of physicians for the Wellmont visit. Dr. Sanjeev Kakkar at Wellmont
2
examined Mr. Drovdahl on January 13, 2015, and diagnosed an acute right-knee strain.
Dr. Kakkar provided a toradol injection and assigned work restrictions. (Ex. 5 at 1-2.)
On January 20, 2015, Dr. Kakkar noted that Mr. Drovdahl continued to suffer
sharp pain and range of motion deficits in his right knee. Dr. Kakkar requested an MRI
to "delineate his pathology." !d. at 3. According to the radiologist, Dr. Mitchell
Medndrek, the MRI results indicated a sprain of the ACL and a bucket-handle tear of the
medial meniscus. !d. at 4. After discussing the MRI results with Mr. Drovdahl, Dr.
Kakkar referred him to an orthopedic physician. !d. at 5.
Bristol offered Mr. Drovdahl a panel of two orthopedists and a physiatrist. Mr.
Drovdahl chose an orthopedist, Dr. Thomas Whitman. (Ex. 1 at 3.) Dr. Whitman
previously treated Mr. Drovdahl for non-work-related osteoarthritis of the right knee.
(Ex. 2 at 1.) Dr. Whitman last saw Mr. Drovdahl on August 27, 2014. At that
appointment, Dr. Whitman noted that Mr. Drovdahl's condition improved, but he also
discussed treatment options of therapeutic injections or a total right-knee arthroplasty. !d.
at 2.
Mr. Drovdahl saw Dr. Whitman for the first time post-accident on February 11,
2015. Upon examination, Dr. Whitman observed "[t]ri-compartmental degenerative
changes, medial meniscal subluxation, worse than films in 7/2014." !d. at 7-9. He
diagnosed Mr. Drovdahl with a "right knee injury with significant exacerbation of prior
OA [osteoarthiritis]." !d. at 9. Dr. Whitman injected Mr. Drovdahl's knee and
recommended physical therapy. !d. at 9-10. Dr. Whitman provided two additional
injections on March 16, and March 23, 2015. !d. at 20.
On March 25, 2015, Dr. Whitman prepared a letter to Bristol's workers'
compensation adjuster regarding a causation questionnaire he received from her. (Ex. 6.)
Dr. Whitman noted that Mr. Drovdahl suffered significant worsening of his pathology
from July 2014, to February 2015. !d. He opined that it was reasonable to consider that
Mr. Drovdahl's January 2015 injury significantly worsened the difficulty with his right
knee. !d. Dr. Whitman further stated, "It would be reasonable to obtain a second opinion
from someone who has not been involved in his care longitudinally in an effort to have
another estimation of the contribution of his injury in January of 2015 to his current
symptoms." !d.
Dr. Whitman continued to treat Mr. Drovdahl through April 13, 2015, at which
time he recommended a total-knee arthroplasty. (Ex. 5 at 31-35.)
Bristol sent Mr. Drovdahl to another orthopedic surgeon, Dr. Galen Smith, who
examined Mr. Drovdahl on May 18, 2015. 1 (Ex. 3.) Dr. Smith wrote the following:
1
Exhibit 3 is labeled as an Independent Medical Examination. The Court shall refer to Exhibit 3 as an examination
3
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