The opinion
TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Macey McGuire, )
Employee, ) Docket No. 2025-60-0654
v. )
TC Restaurant Group, LLC, )
Employer, ) State File No. 2734-2024
Wesco Insurance Company, )
Carrier, )
And )
Troy Haley, as Administrator of the ) Judge Joshua D. Baker
Subsequent Injury and Vocational )
Recovery Fund for the State of )
Tennessee. )
EXPEDITED HEARING ORDER
(DECISION ON THE RECORD)
Ms. McGuire requested a decision based on a review of the record seeking
reinstatement of medical treatment and temporary disability benefits for a back injury.
Because her authorized treating physician does not believe she suffered a work-related
injury, the Court denies her request for benefits at this time.
Motions to Strike
Before delving into the merits of Ms. McGuire’s request, the Court must address
defense counsel’s two motions. Both motions request to strike filings by Ms. McGuire and
relate to deadlines established by this Court in its notice docketing this claim for review on
the record. The docketing notice listed documents it was considering when reviewing the
claim and gave the parties deadlines.
Relevant here, the docketing notice said, “On or before July 16, 2025, each party
shall file any objections to the admissibility of any document listed above and specifically
state the legal basis for the objection.” The notice also gave aa July 23 deadline for filing
position statements and stated that the Court will not consider any position statements filed
after the deadline.
Just two minutes before midnight on July 17, Ms. McGuire filed objections to
portions of the listed documents and followed this up by filing an amended, more detailed,
list of objections on July 25. Defense counsel opposed the objections and moved to strike
them as untimely. The Court agrees and strikes the objections raised by Ms. McGuire in
both her July 17 and July 25 filings.
Ms. McGuire did not file her position statement until July 25. She said a serious
family emergency prevented her from filing it on time and sent an email to the court clerk
detailing the circumstances. The clerk forwarded this to defense counsel the next morning,
and defense counsel moved to strike the position statement. Under the circumstances
described in her email to the clerk, the Court grants her additional time and accepts the
position statement.
Claim History
On December 22, 2023, Ms. McGuire injured her back at work “bending forward
and twisting [her] upper body . . . to retrieve a fallen serving tray.”
Initially, TC Restaurant Group provided medical treatment and paid temporary
disability benefits. Ms. McGuire selected orthopedic spine surgeon Dr. Mitul Patel from a
panel. After an MRI, Dr. Patel diagnosed “acute on chronic low back pain” and suspected
a “lumbar strain” with “possible disk bulge [at] L4-L5/L5-S1.”
On April 22, 2024, he signed a causation questionnaire in which he agreed the “work
accident contribute[d] more than 50% to Ms. McGuire’s current complaints.” When asked
if the work incident had caused a permanent aggravation, he circled, “Cannot state.”
About a month later, Dr. Patel seemed confused in Ms. McGuire’s medical record
about her “diffuse symptoms not only in her back but also the neck and the entire left side
of her upper and lower extremities.” He wrote, “She is concerned about these neurologic
symptoms. She asks for a neurology referral.” Although Dr. Patel wrote the referral, he
expressed some doubt about its necessity by writing, “I am not sure if Workmen’s
Compensation will cover this. She has simply had so many symptoms ever since she had
this relatively benign work-related injury where she dropped a tray and bent over to pick it
up.”
In June 2024, defense counsel sent Dr. Patel video surveillance of the work accident
and a written account from Ms. McGuire about what happened. Counsel asked Dr. Patel to
review both the video and statement and then to respond to a series of questions by marking
“yes” or “no.”
As evidenced by his responses, Dr. Patel’s opinion on medical causation changed
after reviewing the video and statement. He could no longer state with a reasonable degree
of medical certainty that Ms. McGuire suffered a lumbar strain or that her disc bulge
resulted from the work incident. He also saw no other injury that might have occurred from
the incident.
Dr. Patel thought Ms. McGuire’s description of her mechanism of injury and “pain
behavior” differed from what he saw in the video. He also concluded a neurology referral
was unnecessary and unrelated to the work accident. He did not believe Ms. McGuire’s
“present disabled state/inability to work [was] primarily due to any injury primarily caused
by this work incident.” He could not cite “any objective medical reason Ms. McGuire
cannot work in any capacity.”
TC Restaurant Group denied the claim. Ms. McGuire then filed this request for
expedited hearing.
Findings of Fact and Conclusions of Law
To receive benefits at an expedited hearing, Ms. McGuire must prove she is likely
to prevail at a final hearing. McCord v. Advantage Human Resourcing, 2015 TN Wrk.
Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
To prove a compensable injury, an employee must show “to a reasonable degree of
medical certainty that [the work accident] contributed more than fifty percent (50%) in
causing the . . . disablement or need for medical treatment, considering all causes.” Further,
the paneled physician’s opinion is presumed correct on causation but is rebuttable by a
preponderance of the evidence. Tenn. Code Ann. § 50-6-102(12)(A)-(E) (2025).
Dr. Patel, whom Ms. McGuire chose from a panel, answered unequivocally and to
a reasonable degree of medical certainty that what he observed in the video would not have
caused an injury, including a lumbar strain or a disc bulge, or any disability from working.
While Ms. McGuire argued that Dr. Patel’s older opinion deserved greater weight,
the Court rejects that argument, as Dr. Patel had the benefit of additional information—
namely, an accident video and Ms. McGuire’s written account—when forming his recent
opinion. Because that opinion is presumed correct, and without any contrary expert medical
opinion, Ms. McGuire is unlikely to prevail in proving a work-related injury at a final
hearing.
It is ORDERED as follows:
1. Ms. McGuire’s request for benefits is denied at this time for lack of medical proof.
2. The Court sets a status hearing for Monday, December 1, 2025, at 10:00 a.m.
Central Time. The parties must call (615) 741-2113 to participate. Failure to call
might result in a determination of the issues without your participation.
ENTERED August 13, 2025.
______________________________________
JOSHUA D. BAKER, JUDGE
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Documentation in TNComp Document No. 132024
2. Documentation in TNComp Document No. 132025
3. Documentation in TNComp Document No. 132026
4. Wage Statement, TNComp Document No. 132022
5. Rule 72 Declaration of Macey Maguire, TNComp Document No. 13727
6. C-42 Panel selecting Dr. Mitul Patel
7. Medical questionnaire opinions by Dr. Patel
8. Employee’s Detailed Incident Report
9. Notice of Denial
10. Email correspondence to Employee’s counsel regarding claim denial
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as shown on August 13, 2025.
Name Mail Email Service sent to:
Macey McGuire, X maceyjmcguire@gmail.com
Employee
Amy Brown, X amy.brown@petersonwhite.com
Nick Peterson, nick.peterson@petersonwhite.com
Employer’s Attorneys
Laurenn Disspayne, X Laurenn.disspayne@tn.gov
Attorney for the Fund
______________________________________
PENNY SHRUM, COURT CLERK
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 *
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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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