Opinion

McGuire, Macey v. TC Restaurant Group, LLC

  • 2025 TN WC 58
Court
Tennessee Court of Workers' Compensation Claims
Filed
Aug 13, 2025
Status
Published
On the bench
Baker
Cited by
0 cases

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 *

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

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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