The opinion
FILED
Jul 12, 2024
02:08 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
DEVIN BARR, ) Docket No. 2020-06-1153
Employee, )
v. )
AUTO ART OF NASHVILLE, ) State File No. 42601-2017
Employer, )
And, )
EMPLOYERS PREFERRED ) Judge Joshua D. Baker
INSURANCE COMPANY, )
Carrier. )
COMPENSATION ORDER
The Court held a compensation hearing on July 9, 2024, on the post-settlement
medical dispute in this case. Mr. Barr seeks coverage for chiropractic treatment, psychiatric
treatment, and reimbursement for prescription medication. He additionally seeks medical
treatment.
As background, on June 6, 2017, Mr. Barr was working for Auto Art of Nashville
when hot slag from welding got into his safety glasses, causing him to fall backward,
injuring his neck, lower back, and right knee. The parties settled the claim and agreed that
Auto Art of Nashville would provide lifetime open medical benefits under Tennessee Code
Annotated section 50-6-204. The Court approved the settlement.
Mr. Barr filed a petition requesting benefits under the medical benefits provision.
The parties have resolved all disputed issues at this time and have agreed upon the
following:
◼ Auto Art of Nashville will pay directly to Mr. Barr $1,514.70 for out-of-pocket
expenses paid to Cerebral for medication and care management.
◼ Auto Art of Nashville will pay directly to Mr. Barr a $982.99 reimbursement for
prescription medication.
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◼ Auto Art of Nashville shall satisfy the $17,130.00 in bills Mr. Barr owes to
Lexington Pain and Wellness Center for past treatment.
◼ Dr. Aaron Compton will continue to provide pain management treatment to Mr.
Barr, and Auto Art of Nashville will begin paying for authorized psychiatric
treatment with Cerebral.
◼ The payments to be made directly to Mr. Barr shall occur within 21 days.
IT IS, THEREFORE, ORDERED as follows:
1. Auto Art of Nashville shall pay directly to Mr. Barr $1,540.70 and $982.99 for past
medical expenses as outlined above.
2. Auto Art of Nashville shall satisfy Mr. Barr’s $17,130.00 in bills owed to Lexington
Wellness Center.
3. All payments shall be made within 21 days of this order.
4. Auto Art of Nashville shall continue to furnish reasonable, necessary, and work-
related treatment under the open medical benefits provision as previously ordered,
including treatment with Dr. Compton and Cerebral.
5. The Court taxes $150.00 costs against Auto Art of Nashville, to be paid within five
business days.
ENTERED July 12, 2024.
_______________________________
Judge Joshua D. Baker
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Itemized list of prescription records.
2. Invoices from Cerebral.
3. Account statement from Lexington Pain and Wellness Center.
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on July 12, 2024.
Name Cert. Via Via Service Sent To:
Mail Fax Email
Devin Barr, X Devinbarr889@gmail.com
Employee
Richard Clark, X RClark@eraclides.com
Employer’s Attorney jenniferdavis@eraclides.com
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office
or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an
Affidavit of Indigency (form available on the Bureau’s website or any Bureau office)
seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency
within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing
fee or file the Affidavit of Indigency will result in dismissal of your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
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