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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2023-06-01704
Regular Panel Decision
Feb 28, 2024

Tucker, William v. LU, Inc.

The Tennessee Court of Workers' Compensation Claims issued an order amending a previous Expedited Hearing Order concerning temporary total disability benefits. The employer, LU, Inc., sought to alter the order, asserting they had paid the employee, William Tucker, his full wages until February 16, 2024, negating the need for the previously ordered lump-sum payment. Mr. Tucker concurred that no past temporary disability benefits were due until that date. Referencing Tennessee Code Annotated section 50-6-207, the Court determined that while an employer can receive credit for wages paid, this credit cannot exceed the employee's compensation rate. Consequently, the Court vacated the prior order for past temporary disability benefits by agreement, and mandated LU or its carrier to commence weekly benefit payments of $1,065.41 from February 17, 2024, until Mr. Tucker reaches maximum medical improvement or returns to work.

Temporary Total DisabilityWage CreditExpedited HearingOrder AmendmentStatutory InterpretationWorkers' Compensation ClaimsEmployer ObligationsEmployee RightsDisability BenefitsMotion to Alter
References
1
Case No. 2021-07-1559
Regular Panel Decision
Nov 25, 2024

Jenkins, Dennis v. TYSON FOODS, INC.

This is an Expedited Hearing Order regarding Dennis Jenkins's claim for benefits against Tyson Foods, Inc. Mr. Jenkins sought an order for Tyson to pay benefits for injuries allegedly sustained after a forklift struck him on April 7, 2022. The Court dismissed Mr. Jenkins’s motion because he failed to submit an expert medical opinion demonstrating that his alleged injuries primarily arose out of and in the course of employment, thus making it unlikely he would prevail at a hearing on the merits. This was the second expedited hearing, with a previous denial in January 2023 due to credibility issues and lack of medical support. The Court reaffirmed that causation requires an expert medical opinion to a reasonable degree of medical certainty.

forklift accidentcausationexpert medical opinionexpedited hearingdismissalfailure to prosecuteworkers' compensation claimsemployment injuryself-insured employerRule 41 motion
References
1
Case No. 2017-05-0721
Regular Panel Decision
Mar 22, 2018

Robertson, Beverly vs. Edwards Oil Of Lawrenceburg

Beverly Robertson filed a claim against Edwards Oil of Lawrenceburg and Accident Fund Gen. Ins. Co. An Expedited Hearing was held on March 20, 2018. During the hearing, Ms. Robertson's counsel acknowledged that no medical or temporary disability benefits were in dispute; instead, the employee sought a determination of her correct average weekly wage. The Court, citing Tennessee Code Annotated section 50-6-239(d)(1), found it could only conduct expedited hearings regarding temporary disability or medical benefits, which were not in dispute. Therefore, the Court denied Ms. Robertson's claim at this time and ordered her to file a Request for Scheduling Hearing or a valid Request for Expedited Hearing within thirty days.

Workers' CompensationExpedited HearingAverage Weekly WageClaim DenialProcedural RulingTennessee LawDisability BenefitsMedical BenefitsJurisdiction
References
1
Case No. 2016-01-0531
Regular Panel Decision
Apr 25, 2017

Davis, Betty J. v. Life Line Screening of America, Ltd.

This Expedited Hearing Order addresses Betty J. Davis's motion for Temporary Total Disability (TTD) Benefits following an aggravation of a pre-existing right-knee condition during her employment. The Court, treating the motion as a request for an expedited hearing, determined that Ms. Davis is likely to prevail on the merits. This decision was based on Dr. Thomas Brown's medical opinion confirming her inability to perform gainful employment since the injury and until recovery from planned knee surgery. Consequently, the Court granted her request for TTD benefits, ordering both past due and ongoing payments.

Workers' CompensationTemporary Total DisabilityExpedited HearingMedical OpinionCausationKnee InjuryPre-existing ConditionEmployment ScopeBenefit DeterminationJudicial Notice
References
4
Case No. 2014-08-0020
Regular Panel Decision
Jan 28, 2015

Weiland, Michael v. Fedex Express Co.

Michael Weiland, a pilot for Fedex Express Co., filed a Request for Expedited Hearing after contracting an illness, believed to be "swine flu" or "bird flu," during a trip to China. He sought medical and temporary disability benefits from Fedex, claiming the illness arose out of and in the course and scope of his employment due to exposure risks in third-world countries. The Court of Workers' Compensation Claims, presided over by Judge Jim Umsted, conducted telephonic hearings on January 15 and 22, 2015. The Court denied Mr. Weiland's request for benefits, finding that he failed to establish by expert medical evidence a causal connection between his illness and his employment. This order is not a Final Order.

InfluenzaOccupational DiseaseCausal ConnectionMedical BenefitsTemporary DisabilityExpedited HearingEmployment ScopePilotInternational Travel ExposureWorkers' Compensation Denial
References
11
Case No. 2023-06-5436
Regular Panel Decision
Sep 25, 2024

Sandoval, Olman Oyuela v. Employbridge/Select Staffing

This Expedited Hearing Order addresses Olman Oyuela Sandoval's request for additional medical and temporary disability benefits due to a low-back injury from March 10, 2023. The Court found sufficient evidence to likely prevail in returning to Dr. Christopher Kauffman for reasonable, necessary, and work-related treatment, thus granting this aspect of his request. However, requests for other medical expenses related to unauthorized treatment or medications paid by private insurance, and additional temporary disability benefits, were denied due to lack of proof or legal basis. Employbridge is ordered to provide the specified treatment with Dr. Kauffman, with a status hearing scheduled for January 27, 2025.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityLow Back InjuryLumbar StrainDegenerative Disc DiseaseSpondylolisthesisAuthorized PhysicianMedical Treatment
References
4
Case No. 2016-01-0268
Regular Panel Decision
Nov 16, 2016

Gentry, Billy v. Purdy Brotthers Trucking

Billy Gentry, an over-the-road truck driver, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for a right-knee injury he claimed occurred on March 24, 2015, while inspecting trailers. The employer, Purdy Brothers Trucking, argued Mr. Gentry lacked credibility due to numerous discrepancies in his statements regarding the date, time, and mechanism of injury to various company representatives and medical providers. The Court found Mr. Gentry failed to establish he was likely to prevail on the merits, citing contradictions in his testimony and lack of medical proof linking the knee injury to his employment. Consequently, the Court denied his request for benefits and denied Purdy Brothers' motion for involuntary dismissal, noting the interlocutory nature of the Expedited Hearing Order.

Knee InjuryExpedited HearingCredibility AssessmentBurden of ProofMedical Benefits DenialTemporary Disability BenefitsInjury Reporting DiscrepanciesInterlocutory OrderTennessee Workers' Compensation LawMotion to Dismiss
References
8
Case No. 2016-06-0832; 33590-2016
Regular Panel Decision
Jul 12, 2016

Gilbert, Thomas v. United Parsel Service, Inc.

This Expedited Hearing Order addresses the workers' compensation claim of Thomas Gilbert against United Parcel Service, Inc. and Liberty Mutual Insurance Company. Mr. Gilbert, a UPS driver, suffered a left knee injury in 2011, settled for lifetime medical benefits. In 2015, he experienced an aggravation, leading to a recommended total knee replacement. The Court found Mr. Gilbert likely to prove a new, gradually-occurring injury, entitling him to medical benefits for the knee replacement. However, his requests for temporary total disability benefits and statutory penalties for delayed payments were denied, as he was not medically restricted from work and failed to meet criteria for penalties at the expedited hearing stage. The Court referred the employer and carrier to the Bureau's Compliance Unit for potential penalties regarding delays in filing the First Report of Injury and Notice of Denial.

Expedited HearingKnee Injury AggravationRepetitive Motion TraumaGradual Onset InjuryMedical Benefits AwardedTemporary Disability DeniedPenalties for Filing DelaysCausation DeterminationPreexisting Condition AggravationArthroplasty
References
7
Case No. 2016-05-0743
Regular Panel Decision
Nov 22, 2016

Endsley, Maury v. Benchmark Contractors, LLC

This expedited hearing order addresses a dispute over medical benefits for employee Maury Endsley, who suffered a work-related low back injury. His authorized treating physician (ATP), Dr. Klekamp, performed surgery and later recommended a second-opinion consultation regarding potential fusion surgery with Dr. James Fish, though Dr. Klekamp himself did not deem the surgery necessary. While Benchmark Contractors, LLC, the employer, authorized the initial visit to Dr. Fish and an MRI, it subsequently refused to authorize a crucial follow-up visit required for Dr. Fish to complete his second-opinion evaluation. Mr. Endsley sought an expedited hearing to compel authorization for this return visit, arguing it was necessary to complete the statutory requirement for a second opinion. The Court ruled in favor of Mr. Endsley, concluding that Tennessee Code Annotated section 50-6-204(a)(3)(C) mandates a complete second opinion when a treating physician refers for one, and Benchmark's refusal constituted incomplete compliance with its statutory duty, thus ordering them to authorize the return visit to Dr. Fish.

Medical BenefitsExpedited HearingSecond Opinion EvaluationSurgical RecommendationLumbar Spine InjuryHerniated DiscRadiculopathyStenosisEmployer ObligationStatutory Interpretation
References
2
Case No. 2019-06-1559
Regular Panel Decision
Feb 05, 2020

Amaya, Tanya v. Sims Recycling Solutions, Inc.

An Expedited Hearing Order was issued by Judge Kenneth M. Switzer in the case of Tanya Amaya v. Sims Recycling Solutions, Inc. and Travelers Indem. Co. of Conn., Docket No. 2019-06-1559. At the hearing on February 4, 2020, the parties reached several agreements regarding Ms. Amaya's right shoulder injury and potential injury to her other shoulder. Sims Recycling offered a new panel of physicians for Ms. Amaya to choose from, as her previous authorized physician declined further treatment. Additionally, Ms. Amaya, who is self-represented, acknowledged her obligation to respond to written discovery. The Court ordered Ms. Amaya to promptly schedule an appointment with a chosen physician, provide discovery responses by February 18, 2020, and set a status conference for April 13, 2020, where Sims Recycling's Motion to Dismiss would also be heard.

Workers' CompensationExpedited HearingMedical TreatmentPhysician PanelDiscoverySelf-RepresentedShoulder InjuryStatus ConferenceMotion to DismissTennessee
References
0
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