The opinion
FILED
Apr 28, 2025
11:40 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
JAMES RICE, ) Docket No. 2021-06-0660
Employee, )
v. )
) State File No. 36971-2019
VANDERBILT UNIVERSITY )
MEDICAL CENTER, )
Employer. ) Judge Joshua D. Baker
COMPENSATION ORDER
At an April 24, 2025 compensation hearing, the parties agreed on this claim’s facts
and applicable law but not on a remedy. In his testimony, Mr. Rice suggested a $200,000
award of permanent partial disability benefits as fair compensation.
Yet, the remedy here is limited by a statute, requiring application of a specific
formula. Because the Court cannot deviate from that, Mr. Rice is awarded 12% permanent
partial disability benefits and future lifetime medical benefits for any reasonable and
medically necessary treatment for his workplace injury with Drs. Byron Stephens and
Donald Lee.
History of Claim
In this accepted claim, Mr. Rice injured his neck and left arm when lifting and
tossing a heavy bag of trash while working for Vanderbilt University Medical Center.
Vanderbilt authorized treatment with two panel physicians, Dr. Byron Stephens and Dr.
Donald Lee, who surgically repaired Mr. Rice’s injuries.
The authorized physicians’ combined impairment ratings totaled 3% whole-body
impairment. Mr. Rice received a 2% impairment rating from Dr. Lee for his elbow injury,
and Dr. Stephens assigned a 1% impairment rating for his neck injury.
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However, the parties’ own experts both assessed markedly increased impairment
ratings for the neck injury. Dr. Robert Landsberg, who was Mr. Rice’s expert, assessed a
15% whole-body impairment, apportioning 12% for the neck injury and 3% for the left
elbow. Vanderbilt’s expert, Dr. Tarek Elalayli, assigned a 7% impairment rating for the
neck injury without rating the elbow.
Given the disparity in ratings, the parties used the Medical Impairment Rating
(MIR) Registry. The MIR Registry physician, Dr. Jeffrey Hazlewood, assigned Mr. Rice
an 11% impairment rating for his neck and a 1% impairment rating for his elbow, totaling
12% whole-body impairment.
Among other things, the parties agreed to the admissibility of the doctors’ reports,
that Mr. Rice returned to work at Vanderbilt making the same or greater pay, that his
compensation rate is $407.44, and that Vanderbilt overpaid temporary total disability
benefits by $1,178.75.
In his testimony, Mr. Rice explained what he has lost and suggested a $200,000
award as fair compensation. He testified his injuries have permanently altered his ability
to perform daily activities and that pain often disrupts his sleep. Although Vanderbilt
accommodated his permanent restrictions, he fears reinjury given his decreased functional
ability.
Findings of Fact and Conclusions of Law
Mr. Rice must prove by a preponderance of the evidence that he is entitled to the
requested benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2024). He seeks permanent partial
disability benefits and future medical treatment.
An award of permanent partial disability “shall be determined by multiplying the
employee's impairment rating by four hundred fifty (450) weeks[,]” which is called an
“original award.” Id. at -207(3)(A) (Emphasis added). Notably, when “a statute's language
is expressed in a manner devoid of ambiguity, courts are not at liberty to depart from the
statute's words.” Freeman v. Marco Transp. Co., 27 S.W.3d 909, 911 (Tenn. 2000).
Even though Mr. Rice believes application of the statute’s formula yields an unfair
result, the Court is “not at liberty to depart” from the statute and must apply the formula as
directed to calculate his original award of permanent partial disability benefits.
Further, Dr. Hazlewood’s impairment rating as the Registry physician is presumed
accurate unless rebutted by clear and convincing evidence, meaning “if no evidence . . .
raises a serious and substantial doubt about the evaluation’s correctness, [then] the MIRR
evaluation is the accurate impairment rating.” Mansell v. Bridgestone Firestone North
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American Tire, 417 S.W.3d 393, 411 (Tenn. 2013). Without any evidence casting “serious
and substantial doubt” on Dr. Hazlewood’s opinion, the Court must presume his
impairment rating is accurate. Tenn. Code Ann. § 50-6-204(d)(4).
The Court finds Mr. Rice sustained 12% impairment and calculates his original
award for permanent partial disability benefits as 12% times 450 weeks times the stipulated
compensation rate of $407.44, or $22,001.76. After deducting Vanderbilt’s credit for
overpayment of temporary disability benefits, the Court awards Mr. Rice $20,823.01.
As for medical benefits, an employer must furnish medical treatment made
reasonably necessary by the work accident. Tenn. Code Ann. § 50-6-204(a)(1)(A). So,
Vanderbilt must provide reasonable and necessary treatment with Drs. Stephens and Lee.
IT IS, THEREFORE, ORDERED as follows:
1. Vanderbilt shall pay Mr. Rice permanent partial disability benefits of $20,823.01
under Tennessee Code Annotated section 50-6-207(3)(A).
2. Vanderbilt shall pay reasonable and necessary future medical expenses with Drs.
Stephens and Lee under Tennessee Code Annotated section 50-6-204(a)(1)(A).
3. Mr. Rice is entitled to reimbursement of reasonable costs under Tennessee Code
Annotated section 50-6-239(c)(8) and Tennessee Rule of Civil Procedure 54.04.
His attorney may file a motion requesting them.
4. Mr. Rice’s attorney, Jill Draughon, is awarded an attorney’s fee of $4,164.60, or
20% of the total award. Tenn. Code Ann. § 50-6-226(a)(1).
5. Vanderbilt shall pay the $150.00 filing fee to the Clerk within five business days
after this order becomes final under Tennessee Compilation Rules and Regulations
0800-02-21-.06 (December, 2023).
6. Unless appealed, this order shall become final in 30 days.
7. Vanderbilt shall file Form SD-2 with the Court Clerk within ten business days of
this order becoming final.
ENTERED April 28, 2025.
_______________________________
Judge Joshua D. Baker
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Medical records (TNComp Document ID 132702)
2. Medical reports (TNComp Document ID 132701)
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as shown on April 28, 2025.
Name Certified Email Service Sent To:
Jill Draughon, X jdraughon@hughesandcoleman.com
Employee’s attorney sconner@hughesandcoleman.com
Nate Cherry, X ncherry@tatewilsonlaw.com
Employer’s Attorney
_____________________________________
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 *
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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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