The opinion
FILED
Mar 19, 2025
10:04 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
RICARDO HERNANDEZ, )
Employee, ) Docket No. 2024-50-4163
v. )
)
CARLOS LOPEZ, d/b/a ) State File No. 860227-2024
EMMANUEL TREE SERVICE, )
Employer. )
) Judge Joshua Davis Baker
)
____________________________________________________________________
EXPEDITED HEARING ORDER
___________________________________________________________________
On February 27, 2025, the Court held an expedited hearing on Mr. Hernandez’s
request for medical and temporary disability benefits, payment of past medical bills, and
whether he is eligible for benefits from the Uninsured Employer’s Fund. For the following
reasons, the Court orders Mr. Lopez to pay Mr. Hernandez’s past medical bills and pay for
any additional medical care but denies temporary disability benefits at this time. The Court
further holds that Mr. Hernandez is not eligible for benefits from the Uninsured Employer’s
Fund.
Claim History
Mr. Hernandez worked for Emmanual Tree Service, which is owned by Carlos
Lopez. On August 21, 2023, Mr. Lopez’s nephew, Camilo, who was acting as Mr.
Hernandez’s supervisor, asked for help sawing a log. As Mr. Hernandez approached to
help, his right hand accidentally hit against the “sawing machine.”
Mr. Hernandez described a harrowing scene that followed, testifying he first noticed
blood spraying onto Camilo but did not understand it was his own blood until glancing at
his hand. Someone wrapped his hand to slow the bleeding, and he recalled collapsing from
pain and begging for an ambulance.
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Camilo called Mr. Lopez to the worksite but would not call an ambulance. After
Mr. Lopez, who did not have workers’ compensation insurance, arrived, the men put Mr.
Hernandez in Mr. Lopez’s truck and drove around to find a hospital, eventually taking him
to an emergency clinic, which transported him to a larger hospital for care from hand
surgeon Dr. Todd Rubin.
Dr. Rubin partially amputated Mr. Hernandez’s right index finger and repaired
severe lacerations to his right middle and ring fingers. Mr. Hernandez received follow-up
care from Dr. Rubin and also treated at a clinic near his home in Shelbyville.
Mr. Lopez acknowledged that Mr. Hernandez was injured while working for him
and said he tried to help him financially. He stopped though when he thought Mr.
Hernandez was asking too much. According to both men, Mr. Lopez paid at least ten checks
of $591, totaling $5,910 in temporary disability, and he also paid $2,571.10 directly to Dr.
Rubin’s practice, “Centennial HCO” (Hughston Clinic Orthopaedics), for medical care.
On June 18, 2024, Mr. Hernandez filed a petition seeking payment of medical bills,
temporary disability benefits, and medical treatment.
Along with bills, Mr. Hernandez also filed a paystub from Emmanuel Tree Service
to prove his wages. The paystub showed a pay rate of $20 per hour for 40 hours of work
and ten hours of overtime at $30 per hour, totaling $866.14 after federal deductions.
However, the name of the employee on the paystub was “Nestor Rodriguez.” At the
hearing, both parties acknowledged Mr. Hernandez is not “Nestor Rodriguez” but that he
used that name to get paid.
Findings of Fact and Conclusions of Law
Mr. Hernandez must show he is likely to prevail at a final hearing. See Tenn. Code
Ann. § 50-6-239(d)(1) (2024).
Mr. Lopez said he did not have workers’ compensation insurance at the time of Mr.
Hernandez’s injury. He did not dispute the work accident, Mr. Hernandez’s identity, or the
employment relationship. He acknowledged that Nestor Rodriguez was the name used to
pay Mr. Hernandez.
Despite Mr. Hernandez working under an assumed name, the statutory definition of
an employee “includes every person . . . whether lawfully or unlawfully employed[.]”
Tenn. Code Ann. § 50-6-102(10). Given this definition and the testimony of both parties,
the Court finds an employment relationship existed. Also, Mr. Hernandez is likely to
prevail at trial in proving he suffered a work injury based on the unrebutted proof.
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The Court next considers Mr. Hernandez’s request for temporary disability, medical
benefits, and his eligibility to apply to the Uninsured Employers Fund.
Although Emmanuel did not have insurance, Hernandez is ineligible to apply for
Fund benefits, as he did not notify the Bureau of an injury or Emmanuel’s lack of coverage
“within . . . one hundred eighty (180) days, after the date of the injury.” Id. at -801(d)(4).
He filed his petition ten months after his accident.
Turning to medical benefits, Mr. Hernandez is entitled to medical treatment “made
reasonably necessary by accident.” Id. at -204(a)(1)(A). Mr. Lopez acknowledged that he
owes medical benefits, and he agreed to pay the medical bills. Based on that admission, the
Court holds Emmanuel, through Mr. Lopez, is responsible for Mr. Hernandez’s past and
future medical treatment in the amount of $13,457.18 to be paid directly to the medical
providers.
As for temporary total disability, an injured worker is eligible for these benefits if:
(1) the worker became disabled from working due to a compensable injury; (2) a causal
connection exists between the injury and the inability to work; and (3) the worker
established the duration of the period of disability. Jones v. Crencor Leasing and Sales,
2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015).
While Mr. Hernandez suffered a severe and disabling injury, he did not present an
opinion from Dr. Rubin showing that he was temporarily disabled from working or for how
long his disability lasted. Given insufficient proof, the Court cannot award temporary
disability benefits at this time. However, nothing prevents Mr. Hernandez from collecting
additional medical proof and renewing his claim for temporary disability benefits at
another expedited hearing or at a compensation hearing.
IT IS ORDERED as follows:
1. Mr. Lopez shall pay for any further reasonable and necessary medical treatment,
including physical therapy, for the work injury with Dr. Todd Rubin as the
authorized treating physician.
2. Mr. Lopez shall pay $13,457.18 in medical bills directly to Mr. Hernandez’s
providers for reasonable and necessary treatment of the work injury.
3. Mr. Hernandez is not eligible to seek benefits from the Uninsured Employers Fund.
4. The Court declines Mr. Hernandez’s request for temporary disability benefits at this
time.
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5. If Mr. Hernandez has questions about proving his claim for temporary disability
benefits, he may seek limited legal advice from a Bureau attorney advisor by
completing a Certificate of Non-Representation (CNR) form, found at
https://www.tn.gov/content/dam/tn/workforce/documents/injuries/bureau-services-
forms/LB-3252.pdf, and sending the completed form to wc.ombudsman@tn.gov.
6. The Court sets a status hearing on Monday, June 16, 2025, at 10:00 a.m. Central
Time. The parties must call (615) 741-2113 or (855) 874-0474 to participate.
Failure to call might result in a determination of the issues without the party’s
participation.
7. Unless an interlocutory appeal of the expedited hearing order is filed, compliance
with this order must occur no later than seven business days from the date of entry
of this order as required by Tennessee Code Annotated section 50-6-239(d)(3). The
employer must submit confirmation of compliance with this order to the Bureau by
email to WCCompliance.Program@tn.gov no later than the seventh business day
after entry of this order. Failure to submit confirmation within seven business days
may result in a penalty assessment for noncompliance. For questions regarding
compliance, contact the Workers’ Compensation Compliance Unit via email at
WCCompliance.Program@tn.gov.
ENTERED March 19, 2025.
___________________________________
Joshua Davis Baker, Judge
Court of Workers’ Compensation Claims
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EXHIBITS
1. Mr. Hernandez’s Rule 72 declaration translated into English
2. Photos of Mr. Hernandez’s injury
3. Pay Stub for Nestor Rodriguez, dated August 18, 2023
4. Medical Bills
5. Expedited Request for Investigation
6. Medical records (TNComp Document ID 131550)
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as shown on March 19, 2025.
Name Mail Via Service sent to:
Ricardo Hernandez, X velazquezhernandezricardo7@gmail.com
Employee
Emmanuel Tree Service, X lopezcarlos3067@gmail.com
Carlos Lopez,
Employer
UEF X Lashawn.pender@tn.gov
____________________________________________
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.
¾ 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.
¾ 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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ
ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
□ 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]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082