The opinion
FILED
Jul 14, 2025
01:27 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
CARLOS TOWNSEND, ) Docket No. 2018-06-1466
Employee, )
v. )
HENDRICKSON USA, LLC, ) State File No. 51887-2018
Employer, )
And )
AGRI General Ins. Co., ) Judge Joshua D. Baker
Carrier. )
COMPENSATION ORDER
At a June 26, 2025 compensation hearing, Mr. Townsend requested permanent
partial disability and future medical benefits for an alleged aggravation of his preexisting
back injury. Hendrickson argued Mr. Townsend did not suffer a compensable aggravation.
Due to insufficient expert medical proof, the Court denies benefits and dismisses this claim
with prejudice.
Claim History
Mr. Townsend alleged that lifting an engine at work on July 6, 2018, aggravated his
preexisting thoracic spine condition. He said his pain did not begin immediately but later
that evening.
He testified that he first injured his back in a 2016 car accident while working for
Hendrickson. His back pain then worsened after a 2017 car accident—so much so that he
began experiencing episodic “flare-ups.” On the day he lifted the engine, he said his pain
did not begin immediately when lifting the engine but later that evening.
Hendrickson cross-examined Mr. Townsend extensively, during which he admitted
he lied on his application to get his job. He said he would do it again in the same
circumstances where he needed to lie to gain employment.
Several weeks before his work injury, neurosurgeon Dr. Richard Berkman evaluated
him for surgery on his thoracic spine. In a new-patient questionnaire, Mr. Townsend called
his pain “constant” and reported taking narcotic pain medicine three times a day for pain.
Dr. Berkman testified he found small disc bulges but saw nothing requiring surgery.
He also explained to the referring physician and to Mr. Townsend that his condition
“should be a self-limiting problem and not require long-term issues[.]”
Initially unaware of the surgical evaluation, Hendrickson accepted Mr. Townsend’s
claim. It paid temporary disability benefits and authorized treatment with Dr. William
DeVries, an orthopedic surgeon who placed Mr. Townsend at maximum recovery in March
2019 and assigned a 4% impairment. Hendrickson then denied the claim as a preexisting
injury.
About nine months after Mr. Townsend reached maximum recovery, Dr. DeVries
completed a C-32 form suggesting the work injury had aggravated and worsened Mr.
Townsend’s preexisting back condition. Additionally, the doctor attached a typed
statement reading, “An activity made the preexisting condition worse and more
symptomatic. The employment activity was primarily responsible for the present need for
treatment of the preexisting condition.”
Almost four years later, Hendrickson deposed Dr. DeVries, who agreed in his
testimony with defense counsel’s statement that Mr. Townsend’s “[work] incident on July
16, 2018 . . . was not more than 50 percent of the cause of his injury, giving all causes
consideration.” However, the doctor immediately added, “These are almost always the
most complicated cases when someone has had issues prior and then they get an
aggravation.”
Dr. DeVries acknowledged he knew when treating Mr. Townsend that he had
received treatment for a preexisting back injury “immediately preceding” his work injury.
However, he “was not aware he had seen Dr. Berkman.” He also said he thought Mr.
Townsend had experienced pain immediately when lifting the engine instead of later that
evening.
At the hearing, a Hendrickson human resources specialist testified that Mr.
Townsend received $16,614.95 in temporary disability and $7,380.17 in medical treatment
before the claim’s denial.
Hendrickson argued the claim should be denied and that the Court should order Mr.
Townsend to reimburse the amount spent on temporary disability and medical treatment in
his claim.
Mr. Townsend requested permanent partial disability benefits and future medical
treatment, relying on Dr. DeVries’s C-32 form responses and the form’s attached
statement.
Law and Analysis
At a compensation hearing, Mr. Townsend must show by a preponderance of the
evidence that he is entitled to benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2024).
Under Workers’ Compensation Law, an aggravation of a preexisting condition is
not compensable “unless it can be shown to a reasonable degree of medical certainty that
the aggravation arose primarily out of and in the course and scope of employment.” Id. at
§ 50-6-102(12)(A).
An employee can satisfy the burden of proving a compensable aggravation if: “(1)
there is expert medical proof that the work accident contributed more than fifty percent
(50%) in causing the aggravation, and (2) the work accident was the cause of the
aggravation more likely than not considering all causes.” Edwards v. Peoplease, LLC, 2024
TN Wrk. Comp. App. Bd. LEXIS 23, at *16 (Jul. 2, 2024) (emphasis added) (appeal
docketed No. W2024-01034-SC-R3-WC).
First, Mr. Townsend’s reliance on Dr. DeVries’s form responses and typed
statements as his expert medical proof is misplaced given the evidentiary rules for a
compensation hearing.
While the statute permits use of the form as expert testimony “in lieu of a
deposition,” the deposition is in evidence here, making the form’s responses subordinate
to the doctor’s actual testimony. Tenn. Code Ann. § 50-6-235(c)(2). Importantly, in his
testimony, the doctor did not adopt any of his form responses or the typed statement as his
present opinion. So, weighing the doctor’s earlier written responses and statements as
evidence would require impermissible guesswork about whether the doctor’s answers and
opinions remained the same or had changed between when he completed the form and
when he testified.
Second, important information that Dr. DeVries would have used for his causation
opinion when completing the form had changed by the deposition. For example, he did not
know Mr. Townsend had met with Dr. Berkman only weeks before the work injury—for
the same thoracic spine complaints later treated as a work injury. He also had an incorrect
understanding of Mr. Townsend’s onset of pain.
Essentially, Mr. Townsend has only Dr. DeVries’s imprecise deposition testimony.
Although the doctor called Mr. Townsend’s condition “an aggravation,” he did not explain
how or if “the aggravation arose primarily out of and in the course and scope of
employment[,]” which is necessary to prove medical causation. Id. at § 50-6-102(12)(A).
Moreover, he agreed the work incident “was not more than 50 percent of the cause of his
injury, giving all causes consideration.” Id. at § 50-6-102(12)(B).
While an expert’s rigid recitation of statutory language is unnecessary, “what is
necessary is sufficient proof from which the trial court can conclude that the statutory
requirements of an injury as defined in [the statute] are satisfied.” Panzarella v.
Amazon.com, Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 30, at *14 (May 15, 2017).
Here, the expert medical proof is simply insufficient to show by a preponderance of
the evidence that Mr. Townsend suffered a compensable aggravation of a preexisting
injury.
Hendrickson also questioned whether the accident at issue even occurred. Mr.
Townsend’s admission under oath that he lied to get his job brings his credibility into
question. However, there no other witness to the accident testified.
Turning to Hendrickson’s request for reimbursement of the benefits paid,
Hendrickson did not cite authority for or explain the basis of its request. Therefore, that
request is denied.1
It is ORDERED as follows:
1. Mr. Townsend’s claim for benefits is denied and dismissed with prejudice.
2. Costs of $150.00 are assessed against Hendrickson under Tennessee Compilation
Rules and Regulations 0800-02-21-.07, for which execution might issue as
necessary.
3. Hendrickson shall file a Form SD-2 within five days after this order becomes final.
4. Unless appealed, the order shall become final 30 days after issuance.
1
Notably, the payment of temporary disability in this claim cannot be characterized as an overpayment
without any permanent partial disability award from which to credit the overpayment, as discussed in
Frazier v. AFG Indus., No. 03S01-9308-CV-00058, 1994 Tenn. LEXIS 396, at *6 (Tenn. Workers’ Comp.
Panel June 14, 1994). Rather, the medical evidence at the time “justifie[d] the receipt” of both temporary
disability and medical benefits. Id. at *10.
ENTERED July 14, 2025
________________________________________
Judge Joshua D. Baker
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Dr. Berkman’s new-patient questionnaire form dated May 15, 2018
2. Easy Fill report dated January 1, 2014 to July 9, 2019
3. Email from Mr. Townsend to the claims representative dated August 14, 2018
4. Summons and Order of Compromise and Dismissal with Prejudice from
Montgomery County General Sessions Court, docket no. GS2018CV-7253
5. Deposition transcript of Dr. William H. DeVries, including attachments
6. Excerpts from the deposition transcript of Mr. Carlos Townsend
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on July 14, 2025.
Name Certified Regular Email Sent to
Mail Mail
Carlos Townsend, X carlostownsend649@yahoo.com
Employee
Blakely Matthews, X bdmatthews@cclawtn.com
Employer’s attorney japayne@cclawtn.com
_______________________________________
Penny Shrum
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
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]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082