Opinion

Fults, William v. Gant Oil Company, Inc.

  • 2025 TN WC 62
Court
Tennessee Court of Workers' Compensation Claims
Filed
Oct 1, 2025
Status
Published
On the bench
Switzer
Cited by
0 cases
Authority
More cited than 34.9%

The opinion

FILED

Oct 01, 2025

08:18 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

William Fults, Docket No. 2025-50-1067

Employee,

v.

Gant Oil Company, Inc.,

Employer, State File No. 13991-2024

and

Federated Mutual Insurance

Company,

Carrier. Judge Kenneth M. Switzer

EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS

This case presents “the often daunting challenge of quantifying causation in

circumstances where an employee is alleging a work-related aggravation of a pre-existing

condition.” Edwards v. Peoplease, LLC, 2024 TN Wrk. Comp. App. Bd. LEXIS 23, at

*14, appeal docketed, (July 2, 2024).

William Fults seeks Gant Oil Company’s authorization of a total knee replacement.

His expert, Dr. Robert Landsberg, stated that the need for this surgery primarily relates to

a work accident at Gant, while Dr. Jeffrey Peterson, the authorized physician, disagreed.

After a September 23, 2025 expedited hearing, the Court holds Mr. Fults is likely to prevail

at a hearing on the merits regarding the work-relatedness of his need for surgery and grants

his request.

Claim History

Injury and treatment

Mr. Fults’s petition alleged that he injured his left knee at work on January 24, 2024.

It stated he “was climbing up [a] truck ladder that gave way causing him to fall.” His

declaration added that he fell “from a ladder several feet . . . striking and twisting his left

knee.”

1

A few days later, Mr. Fults saw his primary care physician, Dr. Jimmie Woodlee,

who ordered imaging of the left knee. The February 5 x-rays showed “mild

tricompartmental degeneration” and “moderate joint effusion,” while the February 14 MRI

revealed “[u]ndersurface tearing of the medial meniscal body and posterior horn,” “[s]mall

free edge fraying of the lateral meniscal body,” and “[t]ricompartmental chondromalacia.”

Dr. Woodlee then referred Mr. Fults to Dr. Peterson.

In March, Dr. Peterson reviewed Mr. Fults’s imaging and examined him. The

doctor noted that Mr. Fults reported “a fall off a ladder.” He recommended a left-knee

arthroplasty to repair the torn meniscus.

The carrier did not immediately authorize the procedure, so Mr. Fults returned to

Dr. Peterson in May. He reported worsening pain, so the doctor ordered an updated MRI

of the left knee. The MRI confirmed the meniscal tear and showed “grade 4

chondromalacia of the medial compartment” and “moderate tricompartmental

osteoarthritic changes of the knee.”

Dr. Peterson repeated the surgery recommendation at the next visit in June. Another

MRI taken later that month yielded the same results. The reviewing physician commented,

“These findings have advanced since prior exam.”

Mr. Fults underwent authorized surgery in July, and operative notes recorded that

Dr. Peterson was “pleased” by the results. The notes further stated “[m]eniscal shaving

and partial medial meniscectomy was performed,” and, “[t]he lateral compartment showed

some mild inner border tearing of the lateral meniscus, for which a meniscal shaving was

performed.” Dr. Peterson additionally wrote, “Based on the level of arthritis seen today,

he will likely be a TKA candidate in the future.”

At follow-up visits in September and October, Dr. Peterson recorded “good healing”

but also that Mr. Fults was continuing to have knee pain. As an addendum to the October

visit notes, Dr. Peterson wrote:

I was able to review the patient’s preoperative MRI as well as his

intraoperative surgical details from his right knee arthroscopy. At the time

of his surgery I did make a comment on his face sheet as well as in his

operative report that he does have significant chondromalacia of the medial

compartment as well as patellofemoral joint[,] which would likely

necessitate a total knee arthroplasty in the future. My gut is that he continues

to have pain because of the arthritis and not because of the continued

meniscal pathology. I did inform him that he will likely need to pursue

further treatment for his right knee issues outside of the worker’s

compensation system because his arthritis is a pre-existing issue that was

obviously aggravated by his fall but that his work injury did not cause the

arthritis.

2

(Emphasis added).

At the next visit in November, Dr. Peterson placed Mr. Fults at maximum medical

improvement with no restrictions for the torn meniscus. Dr. Peterson echoed his opinion

about the arthritis from the previous visit, writing that Mr. Fults had continued pain and

swelling in the left knee,” along with “severe arthritis,” which would be treated with Mr.

Fults’s health insurance. He explained:

I do not feel that the arthritis is a direct causal relation with his injury at work.

The meniscus for sure has been problematic for him and that was addressed

with the surgery via worker’s compensation but a total knee replacement at

this point based on his arthritis pattern . . . would be hard for me to document

[or] justify causation from his work injury.

At his attorney’s request, Mr. Fults saw Dr. Robert Landsberg for an independent

medical examination in April 2025. Dr. Landsberg reviewed records and previous

imaging, performed his own imaging, and examined Mr. Fults.

He wrote in his report that Mr. Fults had no complaints or problems with his left

knee until the work accident. Dr. Landsberg recounted that the surgeon “removed articular

cartilage from the medial femoral condyle and remove[d] the portion of the medial

meniscus at the time of surgery.” He continued:

[H]ad it not been for the work injury of [1/24/2024], he would not be having

the problems with his left knee that he is having now. After the work injury,

chondroplasty shaving and torn meniscus with partial meniscectomy, he now

has severe bone-on-bone symptomatic osteoarthritis in the left knee.

Therefore, with a reasonable degree of medical certainty, the work injury of

[1/24/2024] led to the progression of his osteoarthritis leading to the fact

that he needs a total knee replacement now.

(Emphasis added).

Lay testimony

Mr. Fults, age 80, gave a detailed account of how the injury occurred. He explained

that the gas delivery truck he drove is equipped with a long hose through which fuel passes

to the customer’s tank. Mr. Fults had transferred diesel from the truck to the tank and then

needed to close the lid on the top of the tank on the truck. He climbed up the ladder attached

to the delivery truck and near the top, he placed his left foot on a railing when the ladder

gave way, twisting his left knee. He said he was five or six feet above ground. The ladder

broke a mirror on the truck before he struck the ground. He managed to drive the truck

back to Gant and reported the injury.

3

Mr. Fults further testified that before the work injury, he had no problems with his

knee. He experienced no difficulty walking approximately three miles, three times per

week, and five miles once per week for exercise. He had never undergone any type of

treatment for his knee. His son, Christian Fults, confirmed in testimony that his father can

no longer walk for exercise.

Mr. Fults has returned to work, and despite Dr. Peterson placing him under no

restrictions, Gant does not require him to climb ladders anymore. He said that if he were

to try to climb a ladder, he would probably fall. Mr. Fults occasionally still climbs stairs

at work. He wishes to undergo the knee replacement with Dr. Peterson.

Dr. Landsberg’s deposition

Dr. Landsberg was deposed in July and is a Board-certified orthopedic surgeon in

practice since 1975. He operates two days per week, typically on knees, shoulders, hips,

hands, ankles, and wrists.

Dr. Landsberg testified about his meeting with Mr. Fults, saying that Mr. Fults told

him he had no problems before the work accident with his left knee.

The doctor described in detail his understanding of how the accident occurred. Mr.

Fults was climbing up a ladder attached to his truck, with one foot on the railing and the

other on the ladder, when “the ladder started sliding away from the truck” and “started to

move.” He said Mr. Fults hit the truck’s side mirror before landing “forcefully,” and from

the fall his “left knee bent out in a funny direction.” Landsberg Dep. 11:18-12:2.1 Dr.

Landsberg later added that Mr. Fults suffered a “complex injury,” saying: “He twisted, he

fell, he landed on his knee. His knee twisted after he fell. He thinks it bent out to the side

abnormally. And that’s all compatible. Those MRI findings and then eventually

arthroscopic findings were compatible with that injury.” 14:20-25.

Dr. Landsberg discussed the imaging taken shortly after the accident and later. The

February 14, 2024 MRI showed the meniscus tear and “small free edge fraying,” as well

as “mild tricompartmental chondromalacia.” 12:15-17. He added that chondromalacia

refers to the “soft cartilage,” and the x-ray showed mild arthritis. 12:21, 12:24-25. Dr.

Landsberg said the June MRI showed “dry compartmental degenerative changes . . . so a

little bit worse with chondromalacia.” 13:6-8. In addition, it showed “progressive

abnormality.” 17:9.

He then turned to the meniscal repair, during which Dr. Peterson “took away some

of the articular cartilage, the unstable portion of the articular cartilage.” 13:22-24. Dr.

Landsberg explained that the chondromalacia is “graded” or classified using a number

1

Given the complexity of the medical proof in this case, for ease of appellate review, the Court opted to

cite to the doctors’ deposition transcripts.

4

system. Grade one is “softening”; grade two is a “little fissuring”; grade three is “peeling

off a little”; grade 4 is “erosion to the bone.” 14:6-15. At the time of surgery, Mr. Fults

was grade three, so Dr. Peterson “removed some of the joint surface because it was flapping

in the breeze a little bit.” 14:11-14.

Post-surgery, Mr. Fults still reported pain but also experienced new symptoms, such

as his knee buckling or giving way. 16:16. Dr. Landsberg examined him and said that Mr.

Fults could not straighten his left knee. 18:18. He observed that Mr. Fults’s left knee

appeared “bow-legged” compared to the other knee, and he noted thigh atrophy. 18:15-

17, 19:1.

Dr. Landsberg took x-rays, which showed “severe advanced osteoarthritis in the left

knee,” “bone-on-bone rubbing,” and “he’s got no joint space at all.” 19:18-19, 20:1-3. He

said that the work injury led to the torn meniscus as well as damage to the joint surface.

Specifically, “when he tore that meniscus, . . . that injury it [sic] jammed the joint surface.

And from that day on, the torn meniscus and the abnormal articular cartilage just became

more and more frayed. And that all started after the work injury.” 18:2-7. The only option

for Dr. Peterson was to remove the tear and the damaged portions of the surface. 21:8-11.

This left Mr. Fults with “less cushioning,” and he was “less shock absorbent.” 22:4-5.

Dr. Landsberg concluded:

[H]ad it not been for the work injury . . . , he wouldn’t have had the pain and

damage to the joint surface of the meniscus. He wouldn’t have needed the

arthroscopic surgery, and he would not have bone-on-bone arthritis in the left

knee with the cystic changes and the spurs. . . . So had it not been for the

work injury he wouldn’t have had the damage to his joint surface and

meniscus. He wouldn’t have needed the arthroscopic surgery, and that’s why

his arthritis progressed rapidly after the work injury and surgery.

23: 8-20. Dr. Landsberg conceded that other potential treatments were available, but he

said that a total knee replacement was inevitable, and there is “no need to put it off when

you are already 80 years old and you need something done.” 24:16-18.

On cross-examination, Dr. Landsberg agreed that the February 24, 2024 MRI

already showed grade four chondromalacia, but he clarified that the tibial surface did not

show grade four but the femoral surface did. 34:14-20, 35:21-23. He testified that he

looked at imaging from the left and right knees taken in February 2024, which was

incorrect since he later admitted that no x-rays of the right knee were taken at that time

20:4-6, 33:4-7.

Dr. Landsberg said that before the work incident, “[H]e obviously had some pri-

existing [sic] arthritis. He probably had grade three/four chondromalacia pre-existing[.]”

41:15-17. Counsel further asked if Mr. Fults’s activities or work after the accident “caused

5

or contributed to his need for surgery for the meniscus or the ultimate knee replacement

which [sic] you are suggesting.” Dr. Landsberg said:

Once you have damage to the meniscus, say with that injury that he had, as

well as the joint surface , walking, climbing and the more you are up the more

you do, you start, you continue running, jumping, and doing all that, it’s

going to progress more rapidly. So, yeah, everyday he walked on it, probably

got a little worse.

42:13-24.

Dr. Peterson’s deposition

Dr. Peterson was deposed a month later and similarly began with his qualifications.

He has been practicing since 2001 and is a Board-certified orthopedic surgeon. He

performs surgery such as meniscal repairs or knee replacements “pretty much every day.”

Peterson Dep. 6:12.

He testified that the February 14, 2024 MRI clearly showed the torn meniscus as

well as “absolute complete loss of articular cartilage on the distal femur,” which was

preexisting cartilage loss. 10:5-12, 23. When asked on direct examination if he agreed

that Mr. Fults more likely than not would have needed a knee replacement at some point

“based upon a natural progression of the underlying condition,” Dr. Peterson responded,

“Most likely, yeah, with full-thickness loss of cartilage.” 12:11-16.

He added that during surgery he saw grade three to four arthritis in the inside part

of the knee (medial, femur, and tibia). 13:11-13. He wrote immediately after surgery that

Mr. Fults would need a knee replacement in the future. 14:14-17.

Then the following exchange occurred about causation:

Q: [I]n your opinion, to a reasonable degree of medical certainty, was that

level of arthritis that you just described caused by the fall or accident that’s

the subject of this claim or any of the treatment that Dr. Woodlee or you

provided?

A: Absolutely not. . . . I’ve done this for 20 years. The arthritis that this man

had at the time of his index surgery is not correlated at all with a fall from a

ladder. It would never necessitate or never cause that kind of arthritis in that

short of a time course. Absolutely not. Never seen it.

14:22-25, 15:1-3, 15: 7-12.

6

Dr. Peterson said that he disagreed “100 percent” with Dr. Landsberg’s opinion and

identified areas within the report that he disputes. 16:1.

He was critical of Dr. Landsberg’s interpretation of the imaging. Dr. Peterson said

that Dr. Woodlee took “supine” x-rays, meaning Mr. Fults was lying on the x-ray table and

was not “weight-bearing” or standing up. However, Dr. Landsberg took weight-bearing

imaging. 17:11-25, 18:1-5. He agreed this was not an “apples to apples” comparison

because with the supine view, “There’s no weight through the joint.” 18:9-12. He also

said that “projectional changes” can affect the view of an x-ray. 19:9-12.

The questioning below conveys his opinion using the statute’s terminology:

Q: [A]ssuming that the standard for establishing causation is that a physician

must state to a reasonable degree of medical certainty that the condition—in

this situation, a knee replacement—was caused primarily—which in this

circumstance means greater than 50 percent—by the accident or by the

resulting care from that accident, when considering all causes. If that’s the

definition of injury that has to be established, would you be able to say that

his need for a knee replacement was caused primarily by either the accident

or your treatment or Dr. Woodlee’s treatment when considering all causes?

A: Absolutely not.

19:17-25, 20:1-5.

Dr. Peterson explained that the preexisting condition “is the sticking point.” 21:19-

20. He acknowledged that the work injury “aggravated” the preexisting arthritis—“[B]ut

it didn’t cause the arthritis and [did] not necessitate the need for a total knee, from my

perspective.” 22:3-9. Counsel followed up with, “[A]s far as the arthritis, we’re not able

to speak anatomically as to whether that was advanced as a result of the fall?” Dr. Peterson

answered, “Correct.” 22:21-24.

On cross-examination, Dr. Peterson said his understanding of the mechanism of

injury was “he fell off a ladder.” 23:8, 15-16. Dr. Peterson acknowledged that Mr. Fults

did not tell him that he fell approximately six feet or that he was required to climb up onto

a fuel tanker with hoses. 32:10-22. He further said that Mr. Fults’s work accident

“absolutely” aggravated his underlying arthritis. 34:2-8. However, counsel did not ask

about, nor did Dr. Peterson volunteer, a percentage on whether that aggravation primarily

caused the need for a knee replacement.

Findings of Fact and Conclusions of Law

Mr. Fults must show a likelihood of prevailing at a hearing on the merits that he is

entitled to the recommended knee replacement surgery. Tenn. Code Ann. § 50-6-239(d)(1)

7

(2024); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS

6, at *7-8, 9 (Mar. 27, 2015).

Under the Worker’s Compensation Law, an injury is “accidental” only if it is caused

by a specific incident, or set of incidents, arising primarily out of and in the course and

scope of employment, and “shall not include the aggravation of a preexisting disease,

condition or ailment 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. § 50-6-102(12)(A) (Emphasis added). Further, an injury causes the need for medical

treatment “only if it has been shown to a reasonable degree of medical certainty that it

contributed more than fifty percent (50%) in causing the . . . need for medical treatment,

considering all causes.” Id. § 50-6-102(12)(C).

The Appeals Board recently instructed that, in circumstances where an employee is

diagnosed with a relevant preexisting condition, a trial court should consider:

(1) whether the employee was symptomatic or asymptomatic prior to the

work accident; (2) whether the employee was experiencing any functional

limitations caused by that preexisting condition prior to the work accident;

and (3) whether the evidence reveals any anatomic change to the body part(s)

in question after the work accident.

Allen v. Deliveries via ISG, LLC, 2025 TN Wrk. Comp. App. Bd. LEXIS 16, at *10 (Apr.

29, 2025) (Internal quotations omitted). A trial court should consider all other relevant

factors in assessing whether a work-related accident has materially advanced, aggravated,

or accelerated a preexisting condition to the point that the need for medical treatment and/or

any resulting disability arises primarily from that work accident. Id.

Longstanding case law holds that when the medical testimony differs, the trial judge

must choose which view to believe. Orman v. Williams Sonoma, Inc., 803 S.W.2d 672,

676 (Tenn. 1991). The trial court “is allowed, among other things, to consider the

qualifications of the experts, the circumstances of their examination, the information

available to them, and the evaluation of the importance of that information by other

experts.” Id.

In addition, Dr. Peterson was not selected from a panel of physicians, but he became

an authorized treating physician from a referral. The rebuttable presumption of correctness

attributable to a causation opinion applies only to opinions expressed by a treating

physician selected from a panel of physicians. Gilbert v. United Parcel Serv., Inc., 2019

TN Wrk. Comp. App. Bd. LEXIS 20, at *13 (June 7, 2019).

Here, both physicians concluded that Mr. Fults’s arthritis preexisted the work

accident. The question is whether the work accident aggravated the preexisting arthritis

and whether Mr. Fults has shown “to a reasonable degree of medical certainty that the

8

aggravation arose primarily out of and in the course and scope of employment.” The Court

finds that he did.

Looking first at the considerations in Allen, Mr. Fults credibly testified that he had

no symptoms in his left knee before the work accident. At age 78, he was able to perform

all job duties, including regularly climbing ladders, with no trouble, and he also walked

approximately 14 miles per week for exercise. His son confirmed this testimony.

As to whether the physicians saw “any anatomic change to the body part(s) in

question after the work accident,” the experts disagreed. When asked if he was unable to

“speak anatomically as to whether [the arthritis] was advanced as a result of the fall, Dr.

Peterson answered, “Correct.” But two other physicians did note anatomical changes.

Specifically, the physician who read the June 2024 MRI noted grade four

chondromalacia and commented, “These findings have advanced since prior exam.” Dr.

Landsberg likewise testified to several anatomical changes that he observed. He compared

the left-knee imaging in February 2024 to the June imaging. The former showed “mild

tricompartmental chondromalacia” and “mild arthritis,” but the latter revealed “dry

compartmental degenerative changes . . . so a little bit worse with chondromalacia.”

Moreover, after the surgery, Dr. Landsberg testified that Mr. Fults by then had “bone-on-

bone arthritis in the left knee with the cystic changes and the spurs.” He also had thigh

atrophy and appeared slightly bow-legged. The Court finds that Mr. Fults underwent

numerous anatomical changes after the work accident, including advancement of the

preexisting arthritis.

Turning now to the Orman factors, the Court first finds that both physicians are

well-qualified to give expert opinions, so this factor favors neither. Dr. Peterson was a

treating physician who saw Mr. Fults six times and performed surgery, directly observing

the condition of the knee, while Dr. Landsberg saw him once for an independent medical

examination. This factor favors Dr. Peterson’s opinion. Further, both physicians

considered the same information: multiple sets of imaging and records from Drs. Woodlee

and Peterson. This factor favors neither.

But the last factor—the evaluation of the importance of that information by other

experts—is significant in this case and the one that tips the scales in Dr. Landsberg’s favor.

Specifically, both doctors’ records contain a history, but their testimony of their

understanding of the mechanism of injury differs dramatically. In Dr. Peterson’s opinion,

Mr. Fults “fell from a truck.” He was unaware of the twisting mechanism, nor did he know

that Mr. Fults fell approximately six feet to the ground and landed forcefully, with his knee

bent in an awkward direction. Dr. Landsberg in contrast knew about those details of the

incident, and he explained that the “twisting” made the injury “complex” and correlated

with the imaging results.

9

As to the imaging, Dr. Peterson testified to the difference between supine and

weight-bearing images and agreed it was not an “apples to apples” comparison. But he did

not fully explain why Dr. Landsberg’s testimony about what the images showed, and the

differences between the two, was wholly unreliable. He also did not point out where

“projection” might have occurred to affect the resulting images.

Moreover, the fact that Dr. Landsberg mistakenly said that images were taken of

both knees in February 2024 does not negate his opinion entirely. The more important

comparison is not between the injured and non-injured knee at any given time, but rather

between images of the left knee only as time passed, which showed an anatomical change

and the rapid progression of the arthritis.

Dr. Landsberg offered a plausible explanation for the need for the knee replacement:

that the shaving of the meniscus and joint surface, while necessary to repair the meniscus,

had the dual and unfortunate effect of also hastening the progression of Mr. Fults’s

preexisting arthritis. Dr. Peterson disagreed with this “100 percent,” but he did not

elaborate on the shaving and the impact it could have had. Instead, he simply testified that

the work injury did not cause the arthritis—a given—and need for a knee replacement.

Importantly. Dr. Peterson never offered an opinion on whether the work injury

“aggravated” Mr. Fults’s preexisting arthritis so that the aggravation was or was not the

“primary cause” of the need for surgery. Stated another way, Dr. Peterson’s opinion is

incomplete, because he never expressed a percentage regarding whether the incident

aggravated the preexisting condition to necessitate the knee replacement.

Dr. Landsberg did—twice. He wrote in his report, “within a reasonable degree of

medical certainty, the work injury of [1/24/2024] led to the progression of his osteoarthritis

leading to the fact that he needs a total knee replacement now.” He also testified, “[H]ad

it not been for the work injury, he wouldn’t have had the damage to his joint surface and

meniscus. He wouldn’t have needed the arthroscopic surgery, and that’s why his arthritis

progressed rapidly after the work injury and surgery.”

Finally, “the Supreme Court has consistently held that an employee’s assessment as

to his or her own physical condition is competent testimony that is not to be disregarded."

Limberakis v. Pro-Tech Sec., Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 53, at *6 (Sept.

12, 2017). As previously stated, Mr. Fults credibly testified that he had no problems with

the knee until the work accident, but since then he has experienced disabling pain and other

symptoms.

For all these reasons, the Court finds that the January 24, 2024 work incident

aggravated Mr. Fults’s preexisting osteoarthritis, and this aggravation, and treatment of it,

primarily caused his current need for a total knee replacement. The Court holds he is likely

to prevail at a hearing on the merits on this question.

10

IT IS THEREFORE ORDERED:

1. Gant Oil Company shall pay for all future reasonable, necessary, and work-related

treatment for Mr. Fults’s left knee, to include a total knee replacement from Dr.

Jeffrey Peterson, the authorized treating physician.

2. The Court sets a status hearing on January 26, 2026, at 10:00 a.m. Central

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

3. 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 October 1, 2025.

________________________________________

JUDGE KENNETH M. SWITZER

Court of Workers’ Compensation Claims

11

Appendix

Exhibits:

1. Declaration of William Fults

2. Stipulations

3. Dr. Landsberg’s deposition

4. Dr. Peterson’s deposition

5. Medical records

6. Declaration of Jayne Plympton

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on October 1, 2025.

Certified Regular

Name Email Sent to

Mail mail

D. Russell Thomas, russthomas@thethomaslawfirm.com

X

employee’s attorney claudia@thethomaslawfirm.com

Carrigan Hicks, Chicks@burrowlee.com

Brett Burrow, X bburrow@burrowlee.com

employer’s attorneys tbtasher@burrowlee.com

_______________________________________

Penny Shrum

Clerk, Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

12

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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