Dale Tipps

The case involves employee Nicole Flowers seeking expedited medical treatment and temporary disability benefits from employer APCOM for alleged cumulative trauma injuries to both arms from repetitive lifting in April 2024. The court reviewed the matter on the record and denied the requested benefits. The core reasoning was that Flowers failed to provide evidence that her petition was filed timely or that any applicable exception to the filing deadline applied, so she was unlikely to prevail at a full compensation hearing.

labor & employmentprocedure

The case involves Kathy Goad, an employee injured at work in September 2023 when a towmotor pushed a pallet into her legs, causing back pain and radicular symptoms. She sought additional temporary disability and medical benefits, including surgery recommended by her orthopedic specialist Dr. Burleson. Following an expedited hearing, the court held that Goad is likely to prevail at a final hearing on her entitlement to continuing medical treatment, including the proposed anterior lumbar interbody fusion, but not to temporary partial disability benefits. The ruling rested on medical records and opinions addressing whether her need for surgery was more than 50% causally related to the work accident versus a pre-existing degenerative condition.

labor & employment

In this workers' compensation case, employee Paula Smith sought additional temporary disability benefits and medical treatment, including physical therapy for her right knee and resolution of issues with her left wrist, following reported work injuries at McNeilus Companies. The court denied the request for expedited benefits after an expedited hearing. The decision was based on the opinion of the authorized orthopedic physician, Dr. Steinagle, who found no objective evidence of a work-related knee injury requiring further treatment and released her at maximum medical improvement, and the employer's provision of initial medical care meeting statutory requirements.

labor & employment

The case involved Jayne-Anne Patrick, a bartender at Topgolf, who suffered a left knee injury on June 1, 2024, and sought additional medical treatment and temporary disability benefits after initial treatment and surgery by Dr. Dyer led to her release with no restrictions, despite ongoing symptoms. The court held an expedited hearing to determine if she was likely to prove entitlement to further benefits at trial. The court decided in her favor, ordering Topgolf to provide continuing medical treatment including revision arthroscopy recommended by Dr. Kaminsky and temporary partial disability benefits from January 6, 2026, onward. This decision was based on medical records showing persistent knee issues like pain, locking, and swelling, her unsuccessful attempts to return to work under restrictions, and the opinions of subsequent physicians supporting additional intervention.

labor & employment

The case involved an employee, Yonathan Cardenas Porras, who claimed a work-related injury to his hands shortly after starting at Adient U.S., LLC in January 2024, seeking workers' compensation benefits including medical treatment for carpal tunnel syndrome. After an initial denial of expedited benefits, the employer moved for summary judgment, supported by undisputed facts including a physician's opinion that the injury was not more than 50% causally related to employment. The employee filed no response and did not appear at the hearing. The court granted summary judgment, dismissing the claim with prejudice, because the employee failed to present expert medical proof establishing that the injury arose primarily out of and in the course of employment as required by statute, with the physician's opinion negating an essential element of the claim and no other evidence offered to create a genuine issue of material fact.

labor & employmentprocedure

This case from the Tennessee Court of Workers' Compensation Claims involved employee Eric Kumah's claim against employer CST Smyrna and its insurer for additional temporary disability benefits following a September 2022 back injury sustained while on a temporary assignment. After an expedited hearing, the court ruled that Kumah was likely to prevail on his request for temporary total disability benefits starting October 13, 2025, when his treating physician ordered surgery and deemed him unable to work, but denied his request for temporary partial disability benefits for earlier periods. The core reasoning was that medical records and the physician's responses supported ongoing work restrictions and the need for surgery after that October date, while evidence was insufficient to establish Kumah's entitlement to partial benefits from March to July 2023 due to unresolved questions about light-duty job offers and his availability.

labor & employment

The case involves a workers' compensation claim by employee Kenia Lorenzo Suarez against employer WCSC Tennessee, LLC, and its carrier, arising from a work-related fall in August 2023 that caused lumbar sprain and radiculopathy. Following an initial expedited hearing that granted some temporary disability benefits and physical therapy, this second hearing addressed whether Suarez could likely prove entitlement at trial to additional temporary disability benefits and specific medical treatments, including further neurological evaluations and injections. The court ruled that Suarez is likely to prevail on claims for continuing medical treatment but not on additional temporary disability benefits or the requested specific treatments. The core reasoning was based on medical records showing maximum medical improvement by July 2024, opinions from treating physicians that further interventions were not indicated, and evidence of the employee's noncompliance with scheduled appointments leading to suspension of benefits.

labor & employment

This workers' compensation case involved employee Kelley D. Jacobs, who suffered a compensable right-shoulder injury while working at Nissan North America, leading to two rotator cuff repair surgeries by an authorized physician. The dispute centered on whether her pre-existing, non-work-related cervical and lumbar spinal conditions, which required separate unauthorized surgeries and imposed additional restrictions, should be combined with the shoulder injury to support a claim for permanent total disability benefits, as well as on her entitlement to additional temporary disability benefits after the second shoulder surgery. The court awarded permanent partial disability benefits with increased compensation but denied both additional temporary disability benefits and permanent total disability status. The reasoning was that the spinal conditions were unrelated to the work injury, the authorized shoulder physician released her without restrictions, and only the compensable shoulder impairment could be considered for disability rating purposes.

labor & employment

This case from the Tennessee Court of Workers' Compensation Claims involved employee Jose Vega's claim for medical and temporary disability benefits after he fractured his ankle while installing siding for C.A. Smith Construction on July 13, 2023. Vega asserted he was an employee under the company's control, paid hourly with tools and scheduling provided by a supervisor, while the employer argued he was an independent contractor who signed a W-9, chose his status, and may have been intoxicated or working unsafely. After an expedited hearing with conflicting witness testimony on control, payment, tools, and intoxication, the court ruled that Vega is likely to prove at a full hearing that he was an employee entitled to benefits, including $55,445.45 in medical expenses and temporary disability for 298 missed workdays at a $450.81 weekly rate. The decision rested on factors such as hourly pay, lack of freedom to hire helpers, provision of equipment, and supervisory direction indicating employee status under workers' compensation law.

labor & employment

This case involved an employee of Signet Jewelers who sought workers' compensation benefits for increased anxiety following a verbal altercation with a coworker. The court held an expedited hearing to determine if she was likely to prove at trial that her mental injury arose primarily from her employment. The court denied the requested medical and temporary disability benefits. It reasoned that the incident did not constitute the required sudden or unusual mental stimulus under Tennessee law, as the employee initiated the confrontation and workplace arguments are not extraordinary or unusual events.

labor & employment

Maikel Reazkallah filed a workers' compensation claim against Amazon.com Services, LLC, alleging a low back injury sustained while working on December 18, 2021. Amazon provided a panel of physicians, and the selected doctor concluded the condition was not a work-related injury and released the employee to full duty, leading to denial of the claim. Reazkallah sought treatment elsewhere and presented testimony about his symptoms and limitations but was unable to introduce admissible medical evidence establishing that the injury arose primarily out of his employment. The court denied benefits after finding that Reazkallah failed to meet his burden of proving causation to a reasonable degree of medical certainty by a preponderance of the evidence.

labor & employment

The case involves a workers' compensation claim by Stuart Burris against two employers, Amazon.com and WWL Vehicle Services Americas, Inc., regarding responsibility for his ongoing low back symptoms following injuries in 2020 and 2022. Burris suffered an initial back injury at WWL, reached maximum medical improvement, then claimed a new injury while lifting at Amazon. The court granted an expedited hearing order, deciding that Burris is likely to prevail on the merits for medical and temporary disability benefits against Amazon, based on medical testimony indicating a new disc herniation from the Amazon incident rather than a mere exacerbation of the prior injury.

labor & employment

In this workers' compensation case, employee Noe Jimenez alleged work-related injuries on April 16, 2020, which employer Orlando Arauz initially accepted and for which it paid benefits until November 2, 2020. Jimenez filed a Petition for Benefit Determination seeking additional treatment on December 22, 2021. The employer moved for summary judgment on statute-of-limitations grounds, and Jimenez filed no response or opposition. The court granted the motion, holding that the undisputed facts showed the petition was filed more than one year after the last payment, violating Tennessee Code Annotated section 50-6-203(b)(2), and that no exceptions to the limitations period applied.

labor & employmentprocedure

In this workers' compensation case, employee Reazkallah Abdelshahaed alleged that he cut his left forefinger with a knife while opening boxes at Taylor Fresh Foods in November 2020, claiming the injury was caused when a supervisor pushed him. After an earlier expedited hearing and a full compensation hearing, the court considered his requests for medical treatment and disability benefits. The court denied all benefits, ruling that Abdelshahaed failed to meet his burden of proving by a preponderance of the evidence that the injury arose primarily out of and in the course and scope of his employment. The decision rested on the absence of any admissible medical proof establishing causation to a reasonable degree of medical certainty, as both submitted medical reports were excluded as hearsay and no other medical evidence was presented.

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This case involves a workers' compensation claim by Alexis Basham against her employer, SPB Hospitality, LLC d/b/a Logan's Roadhouse, and its insurer. Basham was assaulted at work, sustaining physical injuries that required surgery and a psychiatric condition diagnosed as PTSD. After reaching maximum medical improvement for her physical injuries, the employer terminated her temporary total disability benefits, but she continued to be unable to work due to her mental health issues. The court granted expedited benefits, holding that she is likely to prove at trial her entitlement to additional temporary disability benefits because her PTSD arose primarily from the work-related assault and prevents her from working.

labor & employment

In this workers' compensation case, Emma Kesel alleged she injured her left leg while walking a dog for her employer, Big Fluffy Dog Rescue, Inc., on August 24, 2020. She filed a Petition for Benefit Determination on September 20, 2022, seeking additional medical treatment after being released by her authorized physician. The court denied her request for benefits at the expedited hearing, holding that she was unlikely to prevail because the claim was barred by the statute of limitations under Tennessee law, as it was filed more than one year after the last authorized treatment or payment of benefits on January 27, 2021, without demonstrating an exception. The employer met its burden to show the expiration of the limitations period, shifting the burden to Kesel, which she did not meet.

labor & employmentprocedure

This case involves a workers' compensation claim by Lisa Cook, an automobile salesperson who injured her left wrist at work in August 2020 when a vehicle tailgate fell on it. After initial treatment and referrals leading to diagnoses including possible CRPS, her employer Newton Nissan provided a pain management physician panel following a referral to Vanderbilt, but Cook sought either treatment at Vanderbilt or a new panel, arguing the existing one was invalid due to prior treatment by one listed doctor and geographic distance of others. Following an expedited hearing, the Tennessee Court of Workers' Compensation Claims found the panel invalid because it included a physician who had already referred Cook elsewhere and others located far from her home, and determined she was likely to prevail on the merits for entitlement to a new panel. The court's core reasoning centered on the employer's failure to offer a proper panel earlier and the deficiencies in the panel that was ultimately provided, leading to an order granting benefits in the form of a new panel.

labor & employment

In this workers' compensation case, employee Reazkallah Abdelshahaed claimed he cut his left forefinger with a knife while opening boxes at Taylor Fresh Foods, Inc., after being pushed by a supervisor, and sought medical treatment and temporary disability benefits. The court found that Abdelshahaed was unlikely to prove at trial that his injury was primarily caused by his employment because no medical evidence established causation to a reasonable degree of medical certainty under Tennessee Code Annotated section 50-6-102(12)(C). However, the court granted Abdelshahaed a panel of physicians, holding that evidence of bleeding at work was sufficient to show a work-related incident entitling him to an initial medical evaluation even without a causation opinion. The decision rested on the expedited hearing standard requiring the employee to show he is likely to prevail on the merits for requested benefits.

labor & employment

The case involved employee Joshua Freeman, who suffered a compensable back injury at work in 2019 and sought additional medical treatment in the form of a scapular MRI recommended by one of his authorized physicians. The court held an expedited hearing to decide if Freeman was entitled to the MRI as reasonable and necessary treatment for his injury. The court denied the request for benefits, finding that Freeman failed to prove he was likely to prevail at a hearing on the merits. Multiple physicians, including Dr. Gibson who recommended the MRI, could not confirm with the required certainty that the ongoing symptoms or the need for the MRI were primarily caused by the work injury rather than degenerative conditions.

labor & employment

The case involved an employee, Jonathan McCullough, who alleged he slipped and fell in the bathroom at Tenneco Automotive on October 1, 2021, leading to back pain, and sought medical treatment and temporary disability benefits under workers' compensation. Tenneco disputed the claim and the connection to work. After an expedited hearing, the court denied the requested benefits, finding that McCullough was unlikely to prevail on the merits. The court based this on the sole medical causation opinion from Dr. Singh, who attributed the symptoms primarily to pre-existing degenerative changes and facet joint disease rather than the alleged workplace incident. Under Tennessee law, the employee must prove to a reasonable degree of medical certainty that the work accident contributed more than 50 percent to the need for treatment, considering all causes.

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