The opinion
FILED
Jun 09, 2025
07:00 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Ambar Salvador Hernandez, ) Docket No. 2024-60-2310
Employee, )
v. )
Redkap Distribution, ) State File No. 96947-2019
Employer, )
And )
Indemnity Ins. Co. of North America, ) Judge Kenneth M. Switzer
Carrier. )
COMPENSATION ORDER
The Court held a compensation hearing on June 3, 2025, on Ambar Salvador
Hernandez’s amount of permanent partial disability benefits. For the reasons below, the
Court awards her $5,320.22 and lifetime open medical benefits with Dr. Keith Douglas.
Claim History
Ms. Salvador Hernandez injured her left wrist while unpacking and lifting boxes at
work for Redkap Distribution on September 9, 2019. Redkap accepted the claim and
furnished treatment with Dr. Douglas Weikert and Dr. Douglas. She was diagnosed with
carpal tunnel and cubital tunnel syndrome. The physicians assigned a combined 3%
permanent impairment rating. She returns to Dr. Douglas very soon.
The most recent pronouncement of maximum medical improvement was given on
July 19, 2021. Ms. Salvador Hernandez returned to work for Redkap and is earning the
same or greater wages than she earned before the injury. Her weekly compensation rate is
$394.09.
Ms. Salvador Hernandez testified that the injury has dramatically altered her work
and personal life. She disagreed with the combined rating and remains in pain. However,
she offered no medical proof to rebut the treating doctors’ ratings.
1
Findings of Fact and Conclusions of Law
Ms. Salvador Hernandez has the burden of proof on every element of her claim by
a preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2024).
The sole issue is permanent partial disability benefits. Section 50-6-204(k)(3)
requires treating doctors to assign ratings, and they “shall not consider complaints of pain
in calculating the degree of impairment[.]” Subdivision (7) further states that a treating
physician’s impairment rating “shall be presumed to be accurate,” but is rebuttable “by the
presentation of contrary evidence.”
Here, the doctors have assigned a 3% rating, which is presumed accurate. Ms.
Salvador Hernandez offered no contrary medical evidence. Although she credibly testified
that she still experiences pain from the work injury, her lay opinion alone is legally
insufficient to rebut the presumption of accuracy attached to the doctors’ ratings.
Therefore, the Court finds that Ms. Salvador Hernandez suffered a 3% permanent
impairment.
Section 50-6-207(3)(A) states that her permanent disability award is calculated by
multiplying the impairment rating times her compensation rate times 450 weeks, or 3%
times $394.09 times 450, which totals $5,320.22. The Court holds she is entitled to a lump-
sum payment in that amount. Because it has been more than 180 days since Ms. Salvador
Hernandez reached maximum medical improvement and she returned to work on or before
that date earning the same or higher wages than before the injury, she is not entitled to
increased benefits under subdivision (3)(B).
Finally, Ms. Salvador Hernandez is entitled to lifetime medical benefits with Dr.
Douglas for all reasonable, necessary, and work-related treatment for the injury under
section 50-6-204.
IT IS ORDERED AS FOLLOWS:
1. Redkap shall pay Ms. Salvador Hernandez lump-sum permanent partial
disability benefits of $5,320.22.
2. Redkap shall provide future medical benefits for her left wrist with Dr. Douglas.
3. Redkap shall pay the $150.00 filing fee to the Court Clerk within five days of
entry of this order. It shall also file an SD-2 within ten days of this order
becoming final. Unless appealed, this order shall become final 30 days after
entry.
ENTERED June 9, 2025.
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________________________________________
JUDGE KENNETH M. SWITZER
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on June 9, 2025.
Name Certified Regular Email Sent to
Mail mail
Ambar Salvador X 837 Gallavista Ave.
Hernandez, Madison, TN 37115
employee
Alex Elder, X aelder@allensummers.com
employer’s attorney sthornton@allensummers.com
_______________________________________
Penny Shrum
Clerk, Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
3
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
ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________
ප Compensation Order filed on__________________ ප 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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