Thomas Wyatt

Martin Blades, a maintenance technician at Volkswagen of America, Inc., sought workers' compensation medical benefits after falling three to four feet into an open pit at the plant, striking his left knee, shin, and face and subsequently developing severe left-hip pain. Although X-rays revealed preexisting severe arthritis in the left hip, Blades had reported no prior hip symptoms or treatment, and one physician opined that the fall aggravated the condition and prompted the need for earlier hip-replacement surgery. The court awarded medical benefits for the left-hip injury after crediting the evidence that the workplace fall was the sentinel event causing the need for treatment.

labor & employment

Michael Wright sought medical and temporary partial disability benefits after a September 2024 workplace accident in which he fell down stairs while fleeing steam and burning garbage, resulting in broken ribs, a compound fracture of his right leg, and later symptoms of PTSD. Bouldin Corp. and its insurer contested the claims, arguing that a subsequent necrotizing fasciitis infection in Wright's left leg was unrelated to work and that he had failed to respond to light-duty communications. Following an expedited hearing, the Court of Workers' Compensation Claims awarded benefits for pain management and PTSD treatment along with additional temporary partial disability payments, but denied benefits for the left-leg infection. The ruling rested on medical evidence tying the right-leg injury and PTSD to the work incident, while finding no causal link for the left-leg condition that arose during Wright's trip to the Philippines.

labor & employmenttorts & liability

The case involved Rafik Mikhail, an employee of FedEx Supply Chain, Inc., who sought workers' compensation benefits for injuries sustained when a wall fell on him during a tornado while sheltering in place at his workplace. FedEx moved for summary judgment, contending the injuries were caused by an act of God and thus not compensable. The court granted the motion after finding that Mikhail's admissions established the injury arose from the tornado and that he presented no admissible evidence creating a genuine issue of material fact on whether his employment exposed him to a greater risk than the general public, as required under the act of God doctrine from Tennessee workers' compensation precedent.

labor & employment

This case is a workers' compensation dispute in which employee Randall Collins, after a 2021 workplace knee injury and subsequent surgeries, sought court authorization to switch to a new pain management specialist because his authorized specialist, Dr. Baker, had noted that no further treatment was recommended. The employer Allsouth Appliance Group, Inc., opposed the request, maintaining that Dr. Baker remained available to provide care. The Tennessee Court of Workers' Compensation Claims denied the request after a decision on the record, holding that Tennessee Code Annotated section 50-6-204 requires the referral specialist to continue as the treating physician until treatment concludes and the employee is referred back to the original physician. The court found that Dr. Baker's prescription of medication and scheduling of a follow-up appointment showed he had not discharged Collins or refused further treatment, distinguishing the facts from a prior Appeals Board decision where the specialist was unwilling to continue care.

labor & employmentprocedure

In this workers' compensation case, employee Stephen Jablonski sought an expedited hearing after suffering a work-related knee injury that led to posttraumatic arthritis; he requested a panel of joint-replacement specialists following his treating orthopedist's referral to an adult reconstructive surgeon for evaluation of potential knee-replacement surgery. The employer, Swift Transportation, provided only a panel of general orthopedists and argued the issue was not ripe since no surgery had been ordered. The Court of Workers' Compensation Claims ruled that Jablonski was likely to prevail at a compensation hearing on his entitlement to the specialist panel and referred the employer to the Bureau’s Compliance Program for potential penalties. The decision rested on the treating physician's referral order and testimony explaining that the hardware in the knee made the procedure more complex, requiring advanced expertise beyond general orthopedics.

labor & employmentprocedure

This case involved Wayne Freeman, a car hauler employed by United Road Services, who sought workers' compensation medical benefits for a torn right rotator cuff allegedly caused by overuse of his right arm while compensating for a prior left-shoulder injury. The employer denied the claim on grounds that Freeman failed to provide timely notice of the right-arm injury. Following an expedited hearing, the Tennessee Court of Workers' Compensation Claims denied Freeman's request for benefits. The court determined that the injury qualified as gradual or cumulative under Tenn. Code Ann. § 50-6-201, requiring notice within 15 days after Freeman knew or reasonably should have known of the work-related impairment, and that he neither met this deadline nor established a reasonable excuse for the delay.

labor & employment

The case involved Wayne Freeman, who sustained a compensable left-shoulder injury while employed by United Road Services, Inc., and later sought a new panel to select a different authorized treating physician after entering a settlement. Freeman contended that the employer engaged in foundational fraud by failing to schedule an appointment with the clinic he initially selected from the panel, which resulted in treatment by Dr. Scott Arthur instead. The court denied the request for relief from the settlement and a change of physician. The ruling rested on Freeman's agreement to the current physician in the court-approved settlement, which incorporated the parties' full understanding and waived further hearings, along with the absence of timely filing or proven fraud.

labor & employmentprocedure

In this workers' compensation case, employee Brandi Kennedy-Brown sought authorization from employer CoreCivic for a referral to an orthopedist for carpal tunnel syndrome she claimed resulted from a 2022 work-related car accident. The court denied the requested relief following an expedited hearing. The decision rested on the requirement that an employee prove causation of the condition by medical expert opinion, as the authorized treatment records did not document complaints of right hand or wrist symptoms until over a year after the injury and the treating physician declined to address causation.

labor & employmentprocedure

In this workers' compensation case, employee Belinda Lemaire petitioned for a new panel of physicians after her authorized treating doctor discharged her following a contentious December 2023 visit involving mutual accusations and arguments. The employer argued that Lemaire's conduct justified the discharge and sought to suspend her future medical benefits or require her to return to a prior physician. The Court of Workers' Compensation Claims ruled that Lemaire is entitled to another panel, holding that the breakdown in the doctor-patient relationship did not warrant denying benefits. The court reasoned that the prior hearing had already awarded her ongoing medical care for her work-related condition and that forcing a return to the previous physician would be futile.

labor & employment

Keith Seaton, owner of Mountainside Pools & Spas, Inc., sought workers' compensation benefits after overturning a Bobcat tractor while working in June 2017, which he claimed caused persistent low-back injuries leading to disability in 2019. The employer and the Subsequent Injury and Vocational Recovery Fund denied the claim, arguing that non-work-related degenerative conditions caused more than half of his need for treatment. In an expedited hearing decided on the record, the court denied benefits, holding that Seaton did not show he was likely to prevail at a full hearing on causation. Medical evidence from multiple physicians, including MRIs and opinions from treating and examining doctors, attributed his lumbar degenerative disc disease and facet joint changes to wear, tear, and aging rather than the work incident, with some doctors stating it was impossible to confirm work-relatedness or that the conditions predated the accident.

labor & employment

Destiny Dyer, a PetSmart employee, sought workers' compensation benefits including surgery for a herniated cervical disc she claimed resulted from a June 2022 incident while grooming a large dog, during which the animal yanked her arm backward and she struck her head on an overhead bar. PetSmart denied the request, arguing that Dyer failed to give timely notice of any neck injury and that the medical evidence did not establish causation for the disc herniation. Following an expedited hearing, the Tennessee Court of Workers' Compensation Claims ordered PetSmart to authorize the surgery, crediting the detailed history and diagnostic findings of pain management specialist Dr. Jeffrey Hazlewood, who concluded after examination and MRI that the C6-7 herniation with radiculopathy was work-related.

labor & employment

The case involved Willie Rucker, an employee at Federal Express, who sought workers' compensation benefits for a head and upper body injury from a 2020 workplace incident, including claims that a stroke eight months later was related. FedEx agreed the initial injury was compensable but denied the stroke's connection and moved for summary judgment after Rucker failed to provide required medical expert evidence by court deadlines. The court granted summary judgment, dismissing the stroke claim and requests for temporary and permanent disability benefits due to lack of supporting medical proof and because the employee had reached maximum medical improvement with zero impairment. However, it awarded open future medical benefits for the non-stroke injuries under the care of specified physicians.

labor & employmentprocedure

Karen Eady filed a workers' compensation claim against Mars, Inc., alleging a neck injury arising from her job duties as a candy inspector that involved lifting heavy items and striking hoppers with a pole. Mars denied the claim after an authorized panel orthopedist opined that the cervical condition was caused by a pre-existing degenerative disease rather than work activities, and Eady then sought authorization for fusion surgery recommended by a different physician. In this expedited hearing decided on the record, the court denied the requested medical benefits, concluding that the evidence did not show Eady would likely prevail at a full hearing in establishing that her injury was work-related.

labor & employment

The case involved Belinda Lemaire, who sustained a right foot injury at work when shelving fell on her, resulting in ongoing symptoms diagnosed as Complex Regional Pain Syndrome by her authorized pain management physician. She requested a change in treating physicians and permanent partial disability benefits, while the employer maintained that the current physician was available and willing to continue care and contested aspects of the disability claim such as the impairment rating and compensation rate. The court denied the physician change because the authorized doctor remained willing to provide further treatment options if requested by the employee. It awarded permanent partial disability benefits based on the four-percent impairment rating and permanent restrictions assigned by the physician, along with the applicable weekly compensation rate of $341.91.

labor & employment

James Yow, an employee of Lowe’s Investment Corporation, suffered head and nasal injuries at work in 2020 and received treatment from authorized physicians in Memphis before moving to Pensacola, Florida. After experiencing ongoing symptoms, he requested new panels of physicians, but Lowe’s denied the request citing prior medical reports stating no anticipated future treatment. The court ordered Lowe’s to provide a new panel of neurologists or honor a referral from a Pensacola physician, awarded attorney’s fees for the denial, and referred the employer for potential penalties. The decision rested on the employee’s entitlement to future medical benefits under Tennessee workers’ compensation law, as evidenced by his recent emergency room visit and need for follow-up care.

labor & employment

Sheakenia Brown, a housekeeper at Red Roof Inn, sought workers' compensation benefits for alleged spine, leg, and head injuries from a slip-and-fall in water at work on September 18, 2022. Red Roof Inn initially provided some medical benefits but later denied the claim after receiving statements from coworkers indicating that Brown had staged the fall and that the floor had been cleared and dried beforehand. In this expedited hearing decided on the record, the Tennessee Court of Workers' Compensation Claims denied Brown's request for benefits. The court found that Brown was unlikely to prevail at a hearing on the merits because the evidence, including coworker affidavits and statements, showed inconsistencies with her account of slipping in water from a broken washing machine.

labor & employment

The case involved Marilyn Allen's claim against her employer, Frito Lay, Inc., for workers' compensation benefits related to a right-knee injury allegedly sustained at work on April 18 and June 13, 2020. Allen had initially filed a petition alleging a different injury date, which she nonsuited, and then refiled the current petition with the correct dates within the 90-day savings period after the nonsuit. The court granted Frito Lay's motion for summary judgment, dismissing the claim because Allen filed the petition more than one year after the alleged injury dates and no benefits had been paid, making the one-year statute of limitations applicable. The court reasoned that the refiled claim with different dates of injury did not relate back to the original filing and thus was time-barred.

labor & employmentprocedure

In this workers' compensation case, Ronnie Slater sought medical treatment and temporary disability benefits from his employer ADECCO USA, Inc., for a left-knee injury he sustained in January 2021 while performing transitional work at a food bank. Slater claimed the injury occurred when his left leg gave way due to prior back surgery complications, causing him to fall and twist his knee; ADECCO disputed that the knee condition arose primarily from employment and that it caused the claimed period of disability. Following an expedited hearing, the Tennessee Court of Workers' Compensation Claims ordered ADECCO to authorize ongoing knee treatment, including the physical therapy recommended by the treating physician Dr. Rogers, but denied temporary disability benefits. The court reasoned that medical records from the spine surgeon and Dr. Rogers, along with Slater's consistent reports, established that the knee injury was causally related to the work incident, but found insufficient evidence that the specific disability period was due to the knee condition rather than the earlier back injury.

labor & employment

This case involves a workers' compensation claim by Bonnie Brown against her former employer Whole Foods Markets, Inc., stemming from a 2015 back injury she sustained while lifting a box at work. After spinal surgery left her with ongoing pain and inability to work, authorized medical providers diagnosed her with severe depression and anxiety linked to the injury's effects, including loss of function, job, and social connections, and she sought psychiatric evaluation and ongoing treatment. Whole Foods opposed the requests, arguing no authorized referral to a psychiatrist occurred and insufficient evidence proved the mental injury's work-relatedness or need for treatment. The court granted the requests, ordering the employer to provide ongoing treatment for the mental injury based on multiple authorized psychological evaluations and records documenting the depression's onset and relation to the workplace injury, despite a brief prior episode of depression that had resolved years earlier.

labor & employment

This case involved a claim for workers' compensation death benefits filed by Laura Estrella de Espinosa on behalf of her deceased husband, Rodolfo Espinosa, against his uninsured employer, Maestro’s Pro Services, LLC. The claimant sought benefits after her husband died in June 2021, with evidence suggesting possible heatstroke or cardiac arrest during or shortly after work involving drywall and construction tasks. The court denied the claim, holding that the surviving spouse failed to meet her burden of proof. The core reasoning was that Tennessee law requires expert medical testimony establishing to a reasonable degree of medical certainty that the death arose primarily (more than 50%) out of and in the course and scope of employment, but no such medical opinion was provided in the records, and the exact circumstances of the death remained unclear from the available bystander accounts.

labor & employment