Kenneth M. Switzer

This case involves a workers' compensation claim by Chad Primm against his employer, Central Sales & Service, Inc., and its insurer, stemming from a January 6, 2025, low-back injury sustained while lifting a heavy steel slab at work. Primm sought permanent total disability benefits or at least a 12% permanent partial disability rating along with temporary disability benefits, while the employer contended for only a 7% rating and the Subsequent Injury and Vocational Recovery Fund denied liability. Following a June 3, 2026, compensation hearing that considered Primm's testimony about his pain, limitations, work history, and prior medical issues, the court determined he was not permanently and totally disabled. It awarded a 7% permanent partial impairment rating and past temporary disability benefits payable by Central Sales, with no liability for the Fund. The decision rested on evaluation of the disputed impairment ratings, Primm's credibility, and the lack of evidence supporting total disability or prior qualifying injuries.

labor & employment

This case involved a workers' compensation claim by Jeffrey Varble against his employer AZCO, Inc., and its carrier for a left arm and elbow injury sustained at work in October 2023. The sole dispute at the compensation hearing was the amount of temporary disability benefits to which Varble was entitled. The court awarded $3,982.48 in temporary disability benefits, along with permanent partial disability benefits and open future medical benefits. The reasoning examined three contested periods of reduced hours or time off work, denying benefits for weather-related early dismissals unrelated to the injury but awarding them for days surrounding surgery and until the physician's release to full duty on January 9, 2025.

labor & employment

Jessie Harris, an employee placed by Express Employment Professionals at a worksite, suffered a crush injury when a crane pinned him against a tank while he performed assigned tasks. He requested specialist medical panels for pulmonology, neurology, and mental health after an authorized provider made referrals, plus temporary disability benefits. The employer initially honored one referral but later denied the entire claim, raising defenses of willful misconduct, illegal drug use, and a presumption under the Tennessee Drug-Free Workplace Program that drug use proximately caused the injury. After an expedited hearing, the court found the defenses unpersuasive, granted the panels and benefits, awarded attorney fees, and referred the employer for penalties.

labor & employmentprocedure

This case involves Mona Toma's claim for workers' compensation benefits against The Kroger Company for an alleged gradual back and spine injury from increased inventory duties in March 2025. Kroger denied the claim on grounds that Toma failed to provide proper notice and that her symptoms related to a prior 2017 work injury for which she had settled with open medical benefits. After an expedited hearing, the court denied benefits, finding that Toma had not shown a likelihood of prevailing on the notice issue due to inconsistencies in her testimony about when and how she reported the injury to her supervisor, including whether she connected it to new job duties versus her old injury. Medical records described the symptoms as a flare-up from increased standing and bending at work without a specific acute event, and Toma's deposition indicated gradual onset but unclear reporting details. The court concluded that these evidentiary gaps prevented a finding of compensability at this stage.

labor & employment

This workers' compensation case involved employee Rafael Romero-Hernandez, who alleged a work-related left knee injury from a metal boom striking him in February 2024, leading to two authorized surgeries by Dr. Thomas, and claimed that subsequent right knee issues and the need for further bilateral knee surgeries were a direct consequence of overcompensation for the left knee. The employer and carrier disputed the necessity and work-relatedness of additional left knee surgery and argued the right knee condition was preexisting and unrelated. After an expedited hearing considering lay testimony, medical records from the authorized provider, a utilization review physician, and an employer's examiner, the court determined that the employee was likely to prevail on the merits regarding entitlement to medical treatment for both knees but had not shown entitlement to additional temporary disability benefits at this stage.

labor & employment

The case involved James Brown, an employee of the Town of Watertown, seeking workers' compensation benefits for alleged shoulder, ankle, and lower extremity injuries. The employer moved for summary judgment after requests for admissions were deemed admitted, establishing that Brown did not sustain work-related injuries and had filed a false claim. The court granted summary judgment dismissing the benefits claim because Brown failed to prove a work-related injury as required by statute, but denied the request for reimbursement of temporary disability benefits due to lack of jurisdiction. The decision relied on undisputed facts from the admissions and the requirement that the employee prove an injury arising out of employment.

labor & employmentprocedure

This case involved an employee, Lindsey Hoffman, who alleged mental injuries from workplace incidents at HCA Health Services of Tennessee in April 2023. The employer moved for summary judgment, arguing that Hoffman failed to provide timely written notice of her injuries as required by Tennessee workers' compensation law. Hoffman did not respond to the motion or appear at the hearing. The court granted the motion, finding no genuine issue of material fact regarding the lack of timely notice, as the undisputed facts showed she did not report the incidents in the required system or seek medical care within the statutory period.

labor & employment

Talin Hubbard, a tire technician for Discount Tire, LLC, claimed workers' compensation benefits after injuring his chest at work on February 28, 2023, while pulling a bar to remove a tire. The parties disputed his permanent impairment rating—0% assigned by the authorized treating physician versus 1% from a Medical Impairment Rating Registry physician—and whether he qualified for increased benefits. The court granted benefits based on the 1% rating, as the employer did not present clear and convincing evidence to overcome the statutory presumption favoring the Registry physician's opinion, and awarded increased benefits after Hubbard proved by a preponderance of the evidence that he had not returned to work for any employer.

labor & employment

The case involved an employee, Henry Martin, who suffered a work-related thumb injury while employed by Kirby Building Systems and sought a court order confirming his entitlement to lifetime future medical benefits after being released at maximum medical improvement with a zero percent impairment rating. The employer moved to dismiss, arguing that the Tennessee statute already guarantees such benefits and that the dispute was not ripe due to the absence of any current disagreement over treatment. The court denied the motion to dismiss and granted the benefits, finding the issue ripe for adjudication because the employee faced potential hardship if the statute of limitations expired without a judicial order preserving his rights. The decision relied on the workers' compensation statute and prior caselaw holding that employers remain responsible for reasonable future medical treatment causally related to the injury unless a court terminates that entitlement or the parties settle the issue.

labor & employmentprocedure

William Fults, an employee of Gant Oil Company, Inc., sought workers' compensation medical benefits after injuring his left knee in a January 2024 fall from a truck ladder at work, which he claimed aggravated a pre-existing arthritic condition and necessitated a total knee replacement. His expert attributed the need for surgery primarily to the work accident, while the authorized treating physician linked it to the pre-existing arthritis rather than the work injury, though noting the fall had aggravated it. After an expedited hearing, the Tennessee Court of Workers' Compensation Claims ruled that Fults was likely to prevail on the merits regarding causation and granted his request for authorization of the knee replacement surgery. The decision was based on evidence showing the work-related aggravation of his knee condition.

labor & employment

This case involved a workers' compensation claim by Tucker Umberger against Michael Ignatz d/b/a Attention to Details, LLC, after Umberger suffered multiple spine fractures from a fall at a construction site on May 28, 2024. In a prior expedited hearing, the court determined Umberger was likely an employee rather than an independent contractor and awarded medical benefits, with no appeal filed. Umberger then sought temporary total disability benefits supported by a physician's letter taking him off work through October 17, 2024, and the claim proceeded unopposed after the employer submitted no contrary evidence. The court held that Umberger was likely to prevail on the merits and awarded $11,924.08 in past temporary total disability benefits (after a credit for amounts already paid), finding the injury caused the disability based on the admitted facts and new medical proof; it also confirmed eligibility for the Uninsured Employers Fund given the lack of required insurance.

labor & employment

The case involved an employee, Chevis Lee, who sought authorization for cervical spine surgery recommended by his treating physician after a work-related neck injury. The employer, PAE Holdings Corp., denied the request based on utilization review reports questioning the necessity due to outdated imaging and insufficient exam details. Following an expedited hearing, the court ordered the employer to authorize and provide the surgery, determining that the treating physician's updated assessments and supporting evidence established the procedure as reasonable and necessary.

labor & employment

The case involves a claim for workers' compensation benefits by Huberney Vallejo on behalf of Jhon Vallejo, who suffered a traumatic brain injury and other serious injuries after falling from a ladder while working as an electrician at a school site on December 1, 2023. The central disputes concerned whether Vallejo was a direct employee of the uninsured staffing firm South Power Electric, a loaned or statutory employee of Maddux Electric, and whether Maddux could avoid liability based on an alleged violation of its ladder safety rule. After an expedited hearing, the court found Vallejo likely to prevail on the merits, ruling that he was employed by South Power and loaned to Maddux, that Maddux had not proven the safety rule violation was the proximate cause of the injuries or that it was intentional, and that Maddux and its insurer unreasonably denied the claim. The court awarded medical benefits, temporary disability benefits, attorney's fees, and costs to be paid by South Power, Maddux, and Hanover Insurance.

labor & employment

This case involved Sabrina Rooks's workers' compensation claim against Amazon.com for a May 2024 workplace injury to her right foot, ankle, and knee that occurred while she used a knee scooter at the warehouse. Rooks sought an expedited order for medical treatment based on her authorized physician's direct referral to Dr. Christopher Jones and for temporary partial disability benefits after her termination. The court found that Amazon unreasonably delayed honoring the referral, referred the employer to the Compliance Program for possible penalties, and ordered provision of the treatment. However, the court denied temporary partial disability benefits, determining that Rooks was unlikely to prevail on the merits because Amazon proved she violated a valid workplace rule against sleeping on the job, even though she claimed the employer's accommodations contributed to the violations.

labor & employmentprocedure

This case involved employee Nicholas Arvin's claim for medical benefits after suffering second-degree burns to his right leg from scalding water while draining a fryer at Camacho’s Famous on June 16, 2023. Arvin sought payment of $8,965.53 in medical bills and eligibility to apply for the Uninsured Employers Fund, as his employer Andrew Duenas lacked workers’ compensation insurance. The court granted the request for expedited benefits after a decision on the record, holding that Arvin would likely prevail at a final hearing. The reasoning centered on the injury arising primarily out of and in the course of employment, the reasonableness and necessity of the treatment, the employer’s admission of no coverage, and Arvin’s satisfaction of all statutory criteria for UEF eligibility, including timely notice and Tennessee residency.

labor & employmentbusiness & regulatory

The case involved Ambar Salvador Hernandez's claim for permanent partial disability benefits after she injured her left wrist on September 9, 2019, while lifting boxes at work for Redkap Distribution, resulting in diagnoses of carpal tunnel and cubital tunnel syndrome. The court awarded her a lump-sum payment of $5,320.22 in permanent partial disability benefits along with lifetime medical benefits with Dr. Douglas. The court based the award on the treating physicians' combined 3% permanent impairment rating, which is presumed accurate under Tennessee Code Annotated section 50-6-204(k)(7) and was not rebutted by contrary medical evidence, despite the employee's testimony about ongoing pain. The benefits were calculated by multiplying the 3% rating by her weekly compensation rate of $394.09 and 450 weeks per section 50-6-207(3)(A), and she was ineligible for increased benefits because she returned to work at equal or higher wages. The court also ordered lifetime open medical benefits under section 50-6-204.

labor & employment

In this workers' compensation case, employee Gregory White claimed he injured his left foot at work when a vehicle door panel fell on it and he then stepped on a screw, leading to a severe infection and partial amputation; the employer accepted the door-related injury but disputed the screw incident and denied benefits for it. After a compensation hearing, the Tennessee Court of Workers' Compensation Claims granted benefits to White, finding the screw injury occurred as he described based on his testimony, his wife's observations, the physical evidence of the shoe with a puncture hole and blood, and consistency with initial injury reports, while denying attorney's fees for the denial. The court reasoned that White's account was credible despite the lack of witnesses and the employer's contrary testimony from the manager, and it dismissed the Subsequent Injury Fund as no permanent total disability was sought.

labor & employmenttorts & liability

The case involves Lindsey Hoffman, an emergency medicine clinical pharmacist at Tristar Summit Medical Center, who alleged that her PTSD and major depression arose primarily from her employment due to incidents involving dangerous patients, including an unsupervised methamphetamine-influenced patient and a gun on a patient during CPR. The court held an expedited hearing and determined that Hoffman did not provide timely notice to her employer of these mental health conditions as required under workers' compensation law. Consequently, the court denied benefits, finding she is not likely to prevail at a hearing on the merits. The reasoning centered on her failure to report the injuries in a manner that properly notified the employer through the designated workers' compensation channels, despite using internal reporting systems.

labor & employment

The case involved a workers' compensation claim by Tucker Umberger against Michael Ignatz d/b/a Attention to Details, LLC, following serious injuries from a fall at a construction site. Umberger sought medical and temporary disability benefits, asserting employee status, while Ignatz maintained that Umberger was an independent contractor and lacked required workers' compensation insurance. After an expedited hearing, the court determined that Umberger was likely to prevail at trial in proving employee status due to Ignatz's control over work hours, tasks, supervision, and payment by the hour, along with providing most tools. The court granted entitlement to medical benefits and eligibility for discretionary benefits from the Uninsured Employers Fund.

labor & employmentbusiness & regulatory

The case involved Julia Havey, a sales representative who slipped and fell while carrying sample bags, sustaining injuries; her employer, SageHome, LLC d/b/a New Bath Today, did not dispute the incident but denied workers' compensation benefits on the ground that she was an independent contractor rather than an employee. After an expedited hearing, the Tennessee Court of Workers' Compensation Claims concluded that Havey was likely to prevail on the merits in establishing employee status and therefore ordered the employer to provide a panel of physicians. The court's reasoning focused on the degree of control exercised by the company, including mandatory training with a required sales script, scheduled appointments, standby availability requirements, and restrictions on work hours, which outweighed the contract's characterization of her as an independent contractor. The decision turned on evidence that the company dictated the manner and means of her work despite the agreement's language.

labor & employment