The opinion
FILED
Aug 27, 2025
03:52 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT JACKSON
ROBERT NELSON, ) Docket No.: 2024-70-1398
Employee, )
v. ) State File No.: 860083-2024
RED ROOF INN, )
Employer, ) Judge Robert Durham
And )
EMPLOYERS’ PREFERRED )
INS. CO., )
Insurer. )
EXPEDITED HEARING ORDER DENYING BENEFITS
This Court held an Expedited Hearing on August 21, 2025, on Mr. Nelson’s request
that Red Roof Inn pay benefits for a wrist fracture he allegedly sustained at work. The
Court denies Mr. Nelson’s request because he is unlikely to prove at trial that his wrist
injury primarily arose out of and in the course and scope of his employment.
History of Claim
Mr. Nelson worked for Red Roof Inn as a general handyman. He testified on direct
that on March 16, 2023, he tripped and fell over items on the floor as he was carrying a
microwave and injured his right wrist. He also listed March 16 as the date of injury in his
petition for benefit determination. Mr. Nelson immediately reported the injury to his
supervisor but was not given a panel of doctors.
Mr. Nelson saw “Dr. Johnson” first for his injury, who referred him to orthopedist
Kenneth Nord. He received unauthorized treatment from Dr. Nord, who monitored his
blood pressure to see if it was safe to operate on his wrist. 1 Mr. Nelson worked for Red
Roof Inn during this time.
1
Mr. Nelson did not submit any medical records other than an x-ray of his right wrist after surgery.
1
Dr. Nord performed surgery on November 30, 2023. Mr. Nelson asserted that Red
Roof Inn only paid $1,000 of his surgical expenses and did not pay him disability benefits
for his time off work. He testified that Dr. Nord took him off work for several weeks after
the surgery and then restricted him from lifting more than two pounds. He did not return
to work for Red Roof Inn and said that other than an occasional task performed for a friend,
he has not worked anywhere since November 30 because of continued pain and limitations.
Mr. Nelson submitted several medical bills totaling several thousand dollars.
For its proof, Red Roof Inn entered Dr. Nord’s record of Mr. Nelson’s first visit on
March 17. According to the note, Mr. Nelson said he suffered a right-wrist injury two and
a half months earlier. The record did not include a description of how the injury occurred
or attribute causation to Mr. Nelson’s work. Dr. Nord determined that Mr. Nelson suffered
from a “scaphoid nonunion with advanced collapse deformity with severe bone-on-bone
arthritis of the radial scaphoid joint.” He also diagnosed early arthritis in other parts of the
wrist.
Red Roof Inn additionally provided an intake form from a pain clinic dated February
20, 2024. The form, signed by Mr. Nelson, stated that his injury occurred on February 16,
2023. Mr. Nelson said that his fiancée filled out the form because he could not understand
it.
As to the date of injury, Mr. Nelson testified on cross-examination that the injury
occurred on March 6, 2023. He said his former counsel completed the documents stating
that the injury happened on March 16, and she told him that the actual date of injury was
not important when filling out forms and other documentation.
Findings of Fact and Conclusions of Law
Mr. Nelson must prove a likelihood of prevailing at a hearing on the merits that he
is entitled to the requested benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2024).
To prove causation, Mr. Nelson must establish a specific incident, identifiable by
time and place of occurrence, and primarily arising out of and in the course and scope of
employment. Id. § 50-6-102(12)(A). Further, causation must be proven to a “reasonable
degree of medical certainty,” which requires an expert medical opinion. Id. § 50-6-
102(12)(C).
While Mr. Nelson suffered an injury to his right wrist, the Court is not convinced
that it happened at work. Mr. Nelson’s assertion that it did is unsupported by the record.
No witnesses confirmed his testimony, and none of the medical records addressed
causation or even mentioned how his injury occurred.
2
The date of the alleged injury is also in question. Mr. Nelson’s petition for benefit
determination said the injury occurred on March 16. Dr. Nord’s March 17 record said that
Mr. Nelson told him it occurred two and a half months earlier. The pain clinic new patient
form listed February 16, and Mr. Nelson first testified at the hearing that it occurred on
March 16 and then revised his testimony on cross-examination by saying it happened on
March 6. These varying dates, without corroborating evidence, call Mr. Nelson’s
credibility into question.
Thus, the Court holds that Mr. Nelson has not shown he is likely to prove that he
suffered an injury to his right wrist while working for Red Roof Inn. His request for
benefits is denied at this time.
This case is set for a Scheduling Hearing on October 15, 2025, at 10:00 a.m.
Central Time. The parties must call 615-253-0010. Failure to appear might result in a
determination of the issues without the party’s participation.
IT IS ORDERED.
ENTERED August 27, 2025.
_____________________________________
ROBERT DURHAM, JUDGE
Court of Workers’ Compensation Claims
3
Exhibits:
1. Petition for Benefit Determination
2. Mr. Nelson’s responses to Requests for Production of Documents
3. Dr. Nord’s March 17 record
4. Advanced Rehab New Patient Form
5. Text chain
6. Mr. Nelson’s timecards
7. Medical Bills
8. X-ray
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on August 27, 2025.
Name Certified Via Via Service sent to:
Mail Fax Email
Robert Nelson X X Nelsonrobert196722@gmail.com
2262 N. Highland Avenue, Apt. 244
Jackson, TN 38305-4952
W. Troy Hart X wth@mijs.com
Megan Jones majones@mijs.com
dmduignan@mijs.com
_____________________________________
PENNY SHRUM, Court Clerk
WC.CourtClerk@tn.gov
4
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.
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.
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 (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ 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