Opinion

Anderson, Bennie v. CITY OF KNOXVILLE DEPARTMENT OF RECREATION

  • 2025 TN WC 64
Court
Tennessee Court of Workers' Compensation Claims
Filed
Oct 9, 2025
Status
Published
On the bench
Addington
Cited by
0 cases

The opinion

FILED

Oct 09, 2025

01:35 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT KNOXVILLE

BENNIE ANDERSON, ) Docket No. 2022-03-0885

Employee, )

v. )

) State File No. 41632-2022

CITY OF KNOXVILLE )

DEPARTMENT OF RECREATION, )

Employer. ) Judge Brian K. Addington

EXPEDITED HEARING ORDER

Mr. Anderson requested an expedited hearing for additional medical and temporary

disability benefits, which the Court held on September 26, 2025. Knoxville accepted the

claim as compensable and authorized treatment for Mr. Anderson’s work-related injuries.

For the reasons below, the Court denies the requested benefits.

Claim History

Mr. Anderson worked as a knuckle boom truck driver for the City of Knoxville. On

June 6, 2022, he slipped and fell from the truck. He landed on his feet, fell to the ground,

and felt dazed. He was unsure how long he lay there, but he hurt all over. He mainly

experienced pain in his head, neck, shoulders, and mid-section.

Mr. Anderson primarily treated with authorized Drs. Reynolds and Bolt. His doctors

found he had nerve impingement but did not recommend surgery. They recommended

physical therapy, but Mr. Anderson did not feel it helped him. His doctors placed him at

maximum medical improvement, assigned impairment ratings for his shoulder, neck, and

back, and released him for work.

Mr. Anderson’s symptoms puzzled his doctors, but Knoxville authorized treatment

anytime his authorized doctors primarily related those symptoms to his accident.

Mr. Anderson disagreed with the doctors’ interpretations of and the extent of his

diagnostic tests. He felt these tests showed more problems than what the doctors said, so

he sought medical treatment on his own and in some cases emergency treatment. He

1

underwent hernia surgery and treatment for gastroparesis, high blood pressure, and

seizures. However, the medical records for these events do not contain a statement from

any physician that these conditions were primarily related to his work injury.

Mr. Anderson testified that he hurts all over, especially in his neck, back, shoulder,

arms, and head. He stated he never had any problems with these body parts before his

injury.1 He said he did not suffer these conditions before his injury, and his pre-employment

physical examination did not document them. He argued he was entitled to additional

medical treatment and temporary disability benefits because of his inability to work.

Knoxville agreed that Mr. Anderson suffered a compensable injury and is entitled

to treatment for his neck, back, and left shoulder. However, it asserted that it provided any

treatment that the doctors primarily related to his work-injury. It also contended he

achieved maximum medical improvement, so he is not entitled to additional temporary

disability benefits.

Findings of Fact and Conclusions of Law

At an expedited hearing, Mr. Anderson must prove he is likely to prevail at a hearing

on the merits that he is entitled to the medical and temporary disability benefits he

requested. Tenn. Code Ann. § 50-6-239(d)(1) (2024). The Court held an expedited hearing

instead of a compensation hearing because Mr. Anderson asserted that he had symptoms

that were not addressed by authorized physicians and need to be treated before a final trial.

Mr. Anderson suffered a compensable injury when he fell from a truck at work. He

requested additional treatment for medical conditions he has experienced after the fall. To

prove entitlement to additional treatment for these complaints, he must show that his work

injury, to a reasonable degree of medical certainty, contributed more than 50% in causing

the need for medical treatment. Id. § 50-6-102(12)(C).

In other words, the Workers’ Compensation Law gives this Court the authority to

order Knoxville to provide medical treatment for his compensable injury. However, the

Court cannot order Knoxville to provide medical benefits unless a doctor specifically gives

an opinion that the recommended treatment is primarily related to his work injury and the

treatment is reasonable and necessary.

Mr. Anderson received treatment from both authorized and unauthorized providers.

He often disagreed with their opinions and felt that they are hiding information from him

or colluding with the city, which is his right to believe. He also feels that his diagnostic

tests were not sufficient or show more conditions than what the doctors believe they do.

However, he is not a doctor.

1

Although he was not specific about its location in his testimony, Mr. Anderson said his hernia was new,

yet his brief stated that he had a preexisting umbilical hernia in January 2022.

2

The medical records often showed that Mr. Anderson’s symptoms puzzled his

doctors, but Knoxville authorized treatment whenever a physician primarily related the

need for treatment to his work injury.

Mr. Anderson credibly testified that he hurts all over and wants to return to work.

He believes additional medical treatment will help him; however, he did not explicitly state

which specific treatment he wants. Further, no medical evidence suggested that any

additional treatment primarily arose from his work injury

Testimony that an employee wants additional medical treatment is not enough

evidence to enable a court to order it. Mr. Anderson must present medical evidence proving

that a physician primarily related his current need for treatment to his injury. His own

testimony that his conditions developed after his injury is insufficient evidence. Harrison

v. Chattanooga Staffing, 2021 TN Wrk. Comp. App. Bd. LEXIS 22, at *13-14 (Apr. 26,

2021).

The parties submitted many medical records, and the Court read them all to see

whether a physician has currently recommended any additional treatment primarily related

to his work injury. None says that.

Mr. Anderson relies on his belief that if he had any of his current medical conditions

before his accident, then he would have known it, or his pre-employment physical would

have discovered it. However, the fact that these conditions arose after his injury and Mr.

Anderson believes they are related to his work is not considered medical evidence under

Harrison to prove they are primarily related. The passage of time does not equal causation.

Considering the evidence, Mr. Anderson is entitled to ongoing treatment for his

back, neck, and left-shoulder injuries with his authorized physicians. The Court orders

Knoxville to authorize reasonable and necessary treatment with his authorized physicians

for conditions primarily related to his work injury. Therefore, the Court finds that Mr.

Anderson is unlikely to prevail at trial in proving his entitlement to medical treatment for

his non-work-related conditions.

As to temporary disability benefits, Mr. Anderson’s authorized physicians placed

him at maximum medical improvement for conditions primarily related to his injury.

Knoxville paid him temporary disability benefits until that time. Temporary total disability

benefits end when the treating physician ends active treatment and places the employee at

maximum medical improvement. Id. § 50-6-207(1)(E). Therefore, the Court finds that Mr.

Anderson is unlikely to prevail at trial in proving his entitlement to additional temporary

disability benefits.

IT IS, THEREFORE, ORDERED as follows:

1. The Court denies Mr. Anderson’s request for benefits at this time.

3

2. The Court sets a scheduling hearing on December 3, 2025, at 2:00 p.m.

Eastern Time. You must dial 855-543-5044 to participate in the hearing.

The Court anticipates setting discovery deadlines, post-discovery alternative

dispute resolution, and the compensation hearing.

ENTERED October 9, 2025.

Brian K. Addington

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims

4

Appendix

EXHIBITS:

1. Mileage reimbursement request

2. Employer’s collective medical records and documents for expedited hearing

3. Medical records-Premise Health ROI Service Area

4. Medical records-Tennessee Orthopedic Clinic

5. Medical records- Southern Medical Group

6. Medical records- Fort Sanders Medical Center

7. Medical records-Boston Scientific Pathology Reports

8. Medical records- Endoscopy Center

9. Collective-Correspondence

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent on October 9, 2025.

Name Email Service sent to:

Bennie Anderson, X bkimm1423@aol.com

Employee

Jim Johnson, X jjohnson@knoxvilletn.gov

Employer’s Attorney

______________________________________

PENNY SHRUM, COURT CLERK

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

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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