The opinion
FILED
Apr 17, 2025
12:44 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
LANDO TATE, ) Docket No.: 2024-80-3090
Employee, )
v. )
VITERRA COTTON, ) State File No.: 33174-2024
Employer, )
And )
ACE AMERICAN INS. CO., ) Judge Shaterra R. Marion
Carrier. )
)
EXPEDITED HEARING ORDER DENYING BENEFITS
The Court held an expedited hearing on April 14, 2025, on Mr. Tate’s request for
benefits. Viterra argued that Mr. Tate’s injury did not arise primarily out of his
employment. For the reasons below, the Court denies the requested benefits.
History of Claim
Mr. Tate scanned, tagged, and wrote on cotton bales for Viterra, using his left hand
extensively. He first noticed left-hand problems on April 5, 2024, when he dropped the
scan gun he used. He reported the injury to his manager but continued working until April
11, when he lost all mobility in his hand. His hand swelled so badly that Viterra sent him
home.
He saw Dr. Alice Montague, his unauthorized primary care physician, on April 5,
then again on April 12th.1 She ordered an x-ray, which showed osteoarthritis with nerve
entrapment. He returned to her in June, when she took another x-ray and discussed possible
injections or surgery. When asked if Mr. Tate’s work affected his injury, Dr. Montague
wrote: “I cannot speak to this. I did not have x-rays of hand before patient started working.
Repetitive work can certainly worsen the condition in general.”
1
Mr. Tate did not provide records of the April 5th visit.
Viterra denied Mr. Tate’s claim at first but later provided a panel, from which he
chose Dr. Christian Fahey. Dr. Fahey evaluated him, took x-rays, and eventually returned
Mr. Tate to full-duty work with a left-wrist brace.
Dr. Fahey diagnosed osteoarthritis. While Dr. Fahey believed Mr. Tate’s work
“partially caused, exacerbated, and aggregated” his injury, he did not believe that Mr.
Tate’s job was greater than 50% of the total cause. He found age as the greater cause.
Viterra provided a second panel, and he selected Dr. Norfleet Thompson. Dr.
Thompson saw Mr. Tate once and then released him, saying “his problem is aggravated by
work but cannot be attributable more than 51% to work.”
Dr. Thompson confirmed this opinion in a causation letter, saying that while work
may “aggravate or provoke” arthritis, it has many causes, including age. He said with a
reasonable degree of medical certainty that Mr. Tate’s work did not more than 50% cause
his injury.
Mr. Tate saw rheumatologist Dr. Adela Castro for unauthorized treatment to address
his continued pain. She took an MRI, which showed findings consistent with severe
osteoarthritis. She did not say whether his work caused his wrist injury.
Findings of Fact and Conclusions of Law
Mr. Tate has the burden of proving he is likely to prevail at a hearing on the merits
on his claim for benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2024).
To meet this burden, he must show that a physician found to a reasonable degree of
medical certainty that his work injury contributed more than 50% in causing his current
need for medical treatment, considering all causes. § 50-6-102(12)(C)-(D). He has not done
so.
Although Mr. Tate testified that his work caused his current hand and wrist
condition, the Appeals Board held that an employee’s “subjective belief, no matter how
sincerely held, is not a sufficient basis to support his claim for workers’ compensation
benefits.” Rucker v. Fed’l Express Corp., 2024 TN Wrk. Comp. App. Bd. LEXIS 3, at *8
(Feb. 12, 2024). Instead, Mr. Tate must present medical evidence to establish a causal
relationship. Cloyd v. Hartco Flooring Co., 274 S.W.3d 638, 643 (Tenn. 2008).
The Court acknowledges that Mr. Tate believes his work caused his current wrist
and hand condition. However, two authorized treating physicians, Dr. Fahey and Dr.
Thompson, found that Mr. Tate’s work did not contribute more than 50% to his current
need for medical treatment. Their opinions are rebuttably presumed correct. Tenn. Code
Ann. § 50-6-102(12)(E). The unauthorized doctors did not give causation opinions, so Mr.
Tate did not rebut their opinions.
Therefore, the Court holds that Mr. Tate is not likely to prevail at a hearing on the
merits in showing that his work primarily caused his current need for medical treatment.
IT IS THEREFORE ORDERED as follows:
1. Mr. Tate’s request for benefits is denied at this time.
2. The Court sets a status conference for July 7, 2025, at 1:00 p.m. Central Time.
The parties must call (866) 943-0014 to participate. Failure to call may result in a
determination of the issues without the party’s participation.
ENTERED April 17, 2025.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Medical Records filed by Mr. Tate
2. Letter of Denial from Broadspire Dated 4/25/24
3. Letter from Viterra dated 11/25/24
4. First Report of Injury
5. Form C-41 Wage Statement
6. Two Form C-42 Panels of Doctors
7. Notice of Denial
8. Affidavit of Mr. Tate
9. Medical Records filed by Viterra
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on April 17, 2025.
Name U.S. Mail Email Sent to:
Lando Tate, X X 146 Lawndale Drive
Employee Memphis, TN 38109
landotate63@gmail.com
Fred Baker, X fbaker@wimberlylawson.com
Jamie Glass, jglass@wimberlylawson.com
Employer’s Attorneys
_______________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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