Opinion

Umberger, Tucker v. Michael Ignatz d/b/a Attention to Details, LLC

  • 2025 TN WC 57
Court
Tennessee Court of Workers' Compensation Claims
Filed
Aug 13, 2025
Status
Published
On the bench
Switzer
Cited by
0 cases

The opinion

FILED

Aug 13, 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

Tucker Umberger, ) Docket No. 2024-60-5331

Petitioner, )

v. ) State File No. 860297-2024

Michael Ignatz d/b/a Attention to )

Details, LLC, ) Judge Kenneth M. Switzer

Respondent. )

EXPEDITED HEARING ORDER GRANTING ADDITIONAL BENEFITS

(DECISION ON THE RECORD)

At a previous expedited hearing, Tucker Umberger requested medical and

temporary disability benefits from Michael Ignatz d/b/a Attention to Details, LLC. After

considering the evidence on the threshold issue, whether Mr. Umberger was an employee

or an independent contractor, the Court held that Mr. Umberger was likely to prevail at a

hearing on the merits that he was an employee but was entitled to medical benefits only at

that time. Mr. Ignatz did not appeal.

Mr. Umberger obtained additional medical proof and now seeks temporary

disability benefits via a hearing on the record. Mr. Ignatz did not object to a record review,

file contrary proof, or participate in the most recent status hearing, so the request is

unopposed. The Court considered the new proof on August 6 and holds that Mr. Umberger

is likely to prevail at a hearing on the merits that he is entitled to past temporary disability

benefits from Mr. Ignatz. He has also satisfied the requirements for discretionary relief

from the Uninsured Employers Fund.

Claim History

Mr. Umberger suffered serious injuries from a significant fall at a construction

project. He claimed Mr. Ignatz was his employer. Mr. Ignatz admitted he did not have

workers’ compensation insurance and contended that Mr. Umberger was an independent

1

contractor. Mr. Ignatz participated fully in the previous expedited hearing, but ultimately

the Court ruled in Mr. Umberger’s favor.

During his hospitalization, providers treated Mr. Umberger’s spine fractures non-

surgically. He testified at the previous hearing that this meant wearing a neck brace that

significantly hampered his movements, and he was essentially bedridden for several weeks.

In this proceeding, Mr. Umberger submitted a letter from Dr. Scott Zuckerberg

taking him off work from May 28 through October 17, 2024, due to “multiple spine

fractures.” Mr. Umberger healed over time and began working for a new employer on

March 19, 2025.

Of additional significance, at the previous expedited hearing, the following facts

were deemed and remain admitted:

• On May 28, 2024, Mr. Umberger was Mr. Ignatz’s employee and fell from a

two-story deck while working.

• Mr. Ignatz operated a construction company and did not have the required

workers’ compensation insurance on the date of injury.

• Mr. Umberger’s medical conditions and symptoms were caused primarily by the

work accident.

• Mr. Umberger could not work as a result of the injuries sustained on May 28,

2024.

• Mr. Umberger’s average weekly wage was $1,000 while working for Mr. Ignatz.

• Mr. Ignatz provided no cash benefits other than $1,600.

• The medical care Mr. Umberger received primarily related to the injuries he

sustained from the fall on May 28, 2024, while working for Mr. Ignatz.

Findings of Fact and Conclusions of Law

Mr. Umberger must show he is likely to prevail on his request at a hearing on the

merits. Tenn. Code Ann. § 50-6-239(d)(1) (2024).

The Court previously held that Mr. Umberger is likely to prevail at a hearing on the

merits that he was Mr. Ignatz’s employee and that his fall at work caused multiple, serious

injuries and need for treatment.

Returning now to temporary total disability benefits, Mr. Umberger must show: (1)

he became disabled from working due to a compensable injury; (2) a causal connection

between the injury and his inability to work; and (3) the period of his disability. Jones v.

Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11,

2015).

2

Here, Mr. Umberger suffered multiple, serious fractures, which are causally

connected to the fall at work. Dr. Zuckerberg placed Mr. Umberger off work from May

28 through October 17, 2024, due to “multiple spine fractures.” Mr. Ignatz offered no

contrary evidence. Therefore, Mr. Umberger satisfied each of the Jones factors. The Court

holds he is likely to prevail at a hearing on the merits that he is entitled to temporary total

disability benefits for that timeframe.

Specifically, Mr. Umberger was off work for 142 days, and the compensation rate

is $666.67 per week or $95.24 per day. This equals $13,524,08. Mr. Ignatz is entitled to

$1,600 credit. Therefore, Mr. Umberger’s past temporary total disability benefit award is

$11,924.08, to be paid immediately in a lump-sum by Mr. Ignatz.

Mr. Ignatz did not carry workers’ compensation insurance at the time of Mr.

Umberger’s injury. If Mr. Ignatz does not provide the required benefits, the Uninsured

Employers Fund has the discretion to pay limited medical and temporary disability benefits

if certain criteria are met. (See the attached Benefits Request Form).

Mr. Umberger must establish that he: (1) worked for an uninsured employer; (2)

suffered an injury arising primarily in the course and scope of employment on or after July

1, 2015; (3) resided in Tennessee on the date of injury; (4) notified the Bureau of the injury

and Mr. Ignatz’s lack of coverage within 180 days of the injury; and (5) secured a judgment

for workers’ compensation benefits against Mr. Ignatz. § 50-6-801(d)(1)-(5).

The Court previously found, and again finds based on the entire record, that Mr.

Umberger worked for an uninsured employer, Mr. Ignatz. He is likely to prove at a hearing

on the merits that he suffered an injury arising primarily in the course and scope of

employment on May 28, 2024. Mr. Umberger was a Tennessee resident on that date, and

he notified the Bureau within 180 days of the injury about Mr. Ignatz’s lack of insurance.

This order serves as a judgment for benefits. Therefore, the Court holds that Mr. Umberger

satisfied the requirements of section 50-6-801(d).

IT IS ORDERED as follows:

1. Mr. Ignatz shall immediately pay Mr. Umberger past temporary total disability

benefits in a lump-sum award of $11,924.08.

2. Mr. Umberger is eligible to request benefits from the Uninsured Employers

Fund, awarded at the Administrator’s discretion under section 50-6-802(e)(1).

To do so, he must complete and file the attached form.

3. The Court reminds of the status hearing on September 8 at 10:15 a.m. Central

Time. You must call 615-532-9552 or 866-943-0025 to participate.

3

4. Unless an interlocutory appeal is filed, compliance with this order must occur

by seven business days of the date below as required by Tennessee Code

Annotated section 50-6-239(d)(3).

ENTERED August 13, 2025.

_____________________________________

JUDGE KENNETH M. SWITZER

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Petition for Benefit Determination

2. Expedited Request for Investigation

3. Expedited Request for Investigation Report

4. Dispute Certification Notice

5. Order Setting Show Cause Hearing

6. Show Cause Order

7. Request for Expedited Hearing and Affidavit

8. Order Setting Expedited Hearing

9. Motion to Admit Request for Admission

10. Requests to Admit

11. Ignatz email, May 3, 2025 (Motion to appear by phone)

12. Composite medical records

13. Expedited Hearing Order

14. Request for Expedited Hearing, Affidavit, and Dr. Zuckerman letter

15. Order Resetting Status Hearing

16. Dr. Zuckerman letter, signed

17. Status Order

18. Amended Hearing Request

19. Email from Court staff regarding decision on the record

20. Docketing Order

4

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on August 13, 2025.

Name Certified Regular Email Sent to

Mail mail

Tucker Umberger, X X tuckerkentmusic@gmail.com

petitioner 87 Shepherd Hills Dr.

Madison TN 37115

Michael Ignatz, X X attentiontodetailstn@gmail.com

respondent 8915 Ramblewood Dr.

Coral Springs FL 33071

Uninsured X Lashawn.pender@tn.gov

Employers Fund

_______________________________________

PENNY SHRUM

Clerk, Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

5

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

Filed Date Stamp Here

Tennessee Bureau of Workers’ Compensation

www.tn.gov/workforce/injuries-at-work

wc.ombudsman@tn.gov

1-800-332-2667

REQUEST FOR BENEFITS FROM THE UNINSURED EMPLOYERS FUND

Eligible employees may use this form to request benefits from the Uninsured Employers Fund (UEF) if

they are injured while working for an employer that failed to provide:

1. Workers’ compensation insurance as required by the TN Workers’ Compensation Law; and,

2. Medical and/or disability benefits as required by the TN Workers’ Compensation Law.

This form MUST be completed and sent via certified mail to the following address:

Tennessee Bureau of Workers’ Compensation

ATTN: UEF Benefit Manager

Uninsured Employers Fund

220 French Landing Drive, Suite 1B

Nashville, TN 37243-1002.

This form MUST be sent within sixty (60) calendar days after the claim is over and MUST include:

1. A court order stating your employer owes you benefits and that you may request UEF benefits;

2. A completed Internal Revenue Service (IRS) Form, W-9 Request for Taxpayer Information and

Certification available at www.irs.gov; and

3. A completed Bureau of Workers’ Compensation Form C31 Medical Waiver and Consent available

on the “Forms” link at www.tn.gov/workerscomp.

I certify that I believe I am eligible for benefits from the UEF; that my employer has not paid all or part of

the benefits I am due; and my employer has not complied with an order issued by the Court of Workers’

Compensation Claims.

I, _______________________________________, request benefits from the Uninsured Employers Fund.

(Print Your Name)

____________________________________________________________________________________________________

Signature Date

Tennessee Law allows the State of Tennessee to recover payments made by the UEF for temporary

disability benefits or medical benefits. An agreement between you and your employer for payment of

benefits must be pre-approved by the UEF before being approved by a workers’ compensation judge.

LB-3284 (NEW 4/19) RDA 10183

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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