The opinion
FILED
May 28, 2025
07:36 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
ANDREA COOKE, ) Docket No. 2023-02-5825
Employee, )
v. )
JOHNSON COUNTY SCHOOL )
SYSTEM, ) State File No. 61269-2022
Employer, )
And )
TENNESSEE RISK MANAGEMENT )
TRUST, ) Judge Brian K. Addington
Carrier. )
EXPEDITED HEARING ORDER
The Court held an expedited hearing on May 22, 2025, to decide Ms. Cooke’s
request for payment of past bills, ongoing medical treatment with Dr. Suzanne McAdams,
and past temporary disability benefits. For the reasons below, the Court holds Ms. Cooke
is entitled to ongoing medical treatment from a panel physician but denies her other
requests.
Claim History
During a volleyball game for the Johnson County School System on August 25,
2022, an errant volleyball spike hit Ms. Cooke on the head. She had difficulty standing for
the rest of the game.
Ms. Cooke reported her injury the next day and filed an accident report. She was
told to go home because it was obvious that she was struggling to stand and walk. Johnson
County did not provide a panel of physicians before she left work.
After Ms. Cooke went home, her symptoms worsened, so she went to her
neurologist, Dr. Suzanne McAdams, because her primary care doctor was unavailable.
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There she complained of headache, neck pain, and radicular pain in her right hand. Dr.
McAdams diagnosed a concussion. A CT scan was normal.
Later that day, Ms. Cooke was informed there was a physician panel in her box at
work. She made an appointment with Bridgett Lewis with the personnel office at work to
fill out the paperwork.
On August 29, Ms. Cooke filled out paperwork and signed a panel of physicians.
Ms. Lewis sent it to Tennessee Risk Management Trust (TRMT).
Ms. Cooke and Ms. Lewis also spoke with a TRMT representative on the phone,
but they and the representative had different understandings of the conversation. The
representative thought Ms. Cooke only wanted to treat with Dr. McAdams instead of the
panel doctor, while Ms. Cooke and Ms. Lewis thought that TRMT would consider letting
Dr. McAdams be the authorized physician. However, Ms. Cooke acknowledged during the
expedited hearing that no one told her that Dr. McAdams was authorized.
Despite her not being explicitly authorized to treat, Ms. Cooke continued to see Dr.
McAdams and underwent physical therapy for post-concussive syndrome using her private
insurance. Ms. Cooke twice called TRMT, but she received no response until a notification
arrived in the mail in November 2022 where TRMT said it would not reimburse her private
insurance for her treatment with Dr. McAdams. Despite this, Ms. Cooke continued to see
Dr. McAdams. She kept her off work from August 29 to December 15, when she returned
to work under restrictions that Johnson County accommodated.
Eventually Ms. Cooke filed a Petition for Benefit Determination. A few months
later, counsel for TRMT offered Ms. Cooke another physician panel. This confused Ms.
Cooke, and she declined to select a doctor.
At the hearing, Ms. Cooke argued that she was entitled to payment of past medical
bills, ongoing medical treatment with Dr. McAdams, and temporary disability benefits
from August 29 to December 15, 2022. TRMT said it was willing to provide treatment
from a panel physician but argued Ms. Cooke is not entitled to any other benefits because
she chose to treat on her own with Dr. McAdams.
Findings of Fact and Conclusions of Law
Ms. Cooke must prove she is likely to prevail at a hearing on the merits that she is
entitled to the requested benefits. McCord v. Advantage Human Resourcing, 2015 TN Wrk.
Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
TRMT agreed that Ms. Cooke suffered an injury at work and it accepted her claim.
However, it expected her to see a panel physician.
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Tennessee Code Annotated Section 50-6-204(a)(3)(A)(i) (2022) requires that
employers offer a panel of three doctors and the employee to accept medical treatment from
a panel physician. Likewise, Tennessee Compilation Rules and Regulations 0800-02-01-
.06(1) (2018) requires employers to provide a panel of physicians no later than three days
after the employee gives notice of an injury and expresses a need for medical treatment.
Here, Ms. Cooke filed her claim on August 26, 2022, and Johnson County placed a
physician panel in her work mailbox that day. However, Ms. Cooke never saw the doctor
she later chose from the panel because she began treating with her own physician before
receiving the panel and chose to stay that course.
Ms. Cook said she thought Dr. McAdams might be approved, while TRMT never
approved Dr. McAdams but believed Ms. Cooke wanted her anyway. Also, when she later
realized Dr. McAdams was not authorized, Ms. Cooke continued to see her and did not
pick a physician from the panel TRMT offered her in 2023.
Although Ms. Cooke had the right to see Dr. McAdams despite being offered
medical treatment, she ran the risk of being responsible for paying for the treatment by
doing so. TRMT never refused to provide medical benefits. However, a misunderstanding
between the parties led Ms. Cooke to believe TRMT would pay for her to see Dr.
McAdams. Then, after the misunderstanding was cleared, Ms. Cooke still chose to continue
treating with Dr. McAdams. Thus, TRMT is not responsible for paying for that treatment.
McCord, 2015 TN Wrk. Comp. App. Bd. LEXIS 6 at *13.
Further, Section 50-6-204(d)(7) states that when an employee does not accept the
medical services offered by the employer, the employee’s right to compensation is
suspended. Based on the evidence, the Court finds that Ms. Cooke did not accept medical
treatment offered by TRMT, so her benefits were suspended when she was off work from
August 29 to December 15, 2022, excluding her from receiving temporary disability
benefits for that period.
It is ORDERED as follows:
1. Ms. Cooke’s request for payment of past medical treatment and past temporary
disability benefits is denied.
2. Ms. Cooke may choose from the panel TRMT offered her, and TRMT shall
authorize treatment with that physician.
3. The Court sets a status hearing for July 17, 2025, at 2:00 p.m. Eastern Time.
The parties must call (855) 543-5044 to participate.
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4. Unless an interlocutory appeal is filed, compliance must occur by seven business
days of entry of this order as required by Tennessee Code Annotated section 50-
6-239(d)(3). Johnson County or its carrier must submit confirmation of
compliance to WCCompliance.Program@tn.gov by the compliance deadline.
Failure to do so may result in a penalty assessment for non-compliance. For
compliance questions, please contact the Workers’ Compensation Compliance
Unit by email at WCCompliance.Program@tn.gov.
ENTERED May 28, 2025.
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
Appendix
Exhibits:
1. Affidavit of Andrea Cooke
2. Affidavit of Brookanna Hutchins
3. Affidavit of Bridgette Lewis
4. Affidavit of Michelle Green
5. Affidavit of Christi Gentry
6. (Collective)Employee’s Choice of Physician
7. TNRMT Employee Accident Report
8. Supervisor Accident Investigation Report 8/29/2022
9. TNRMT Accident acknowledgement letter 8/29/2022
10. TNRMT Carman Judd letter to Ms. Cooke8/29/2022
11. TNRMT Event letter 8/29/2022
12. Letter from Andrea Cooke Re: treatment with Dr. McAdams 8/29/2022
13. Blue Cross Blue Shield of Tennessee Lien Letter 11/10/2022
14. TNRMT Lien denial letter
15. Bridgette Lewis Letter 9/29/2023
16. Email from Mr. Gerard Jabaley attaching physician panel
17. Medical Records Boone Neurological Services-Dr. Suzanne McAdams
18. Standard Form Medical Report of Industrial Injuries 5/6/2024
19. Ballad Health Physical Therapy records
20. Pay Stub Johnson County Board of Education
21. (Collective) Johnson County Schools Employee Absentee Form
22. (Collective) Blue Cross Blue Shield Explanation of Benefits
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23. Johnson County Board of Education Employee Accident Report
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on May 28, 2025.
Name Mail Fax Email Service sent to:
Andrea Cooke, X X mcooke@jocoed.net
Employee 156 Putnam Lane
Mountain City, TN 37683
Gerard Jabaley, X gjabaley@wimberlylawson.com
Employer’s Attorney aburge@wimberlylawson.com
______________________________________
PENNY SHRUM, COURT CLERK
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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