The opinion
FILED
Oct 30, 2025
02:36 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
Michael Hall, ) Docket No. 2024-60-7117
Employee, )
v. )
TWC Holdings, Inc.., )
Employer, ) State File No. 860412
Employers Cas. Co., )
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)
Mr. Hall requested benefits for a back injury. Because the only expert medical
opinion in the record attributes his back condition to preexisting degenerative disc disease,
the Court denies his request at this time.
Claim History
Mr. Hall filed a petition for an October 27, 2023 injury to his back when his chair
collapsed at work. However, given how events unfolded, he received treatment under an
earlier claim for a low-back strain.
That earlier back strain occurred in August 2022, when Mr. Hall moved a
commercial fryer at work. He received treatment under workers’ compensation until the
doctor released him to full duty a little more than a month later. Over a year after that, on
October 23, 2023, Mr. Hall returned to that doctor complaining of continued back pain.
The doctor ordered an MRI, which revealed degenerative disc disease.
Four days after the MRI, the collapsing-chair incident happened, and Mr. Hall told
the doctor that the incident increased his back pain. The doctor recommended evaluation
from an orthopedist or neurosurgeon, which TWC authorized.
Mr. Hall chose to see orthopedic surgeon Dr. Daniel Burval and was scheduled for
an appointment on January 2, 2024. Before Mr. Hall saw Dr. Burval, an adjuster sent a
letter to the doctor asking if Mr. Hall’s symptoms “are still related to the incident of August
5, 2022, or if there has been a new incident or degenerative [changes].” The doctor returned
the letter, circling his handwritten no and explaining, “Pathology is degenerative and not
traumatic.”
Based on Dr. Burval’s opinion, TWC denied further treatment for the 2022 injury.
Despite TWC’s denial under the 2022 claim, Mr. Hall went to see Dr. Burval for treatment
related to the collapsing-chair incident.
Dr. Burval diagnosed Mr. Hall with degenerative disc disease and spondylosis with
disc bulge without herniation. He released Mr. Hall at maximum recovery and ordered a
functional capacity evaluation to determine permanent restrictions. TWC never authorized
the evaluation, and the claim remained dormant.
Then, over a year later in June 2025, Mr. Hall returned to Dr. Burval complaining
of continued back pain. The doctor ordered another MRI and wrote, “Unable to work till:
After MRI.”
On July 2, 2025, presumably after receiving the MRI recommendation, the adjuster
sent another causation letter to Dr. Burval asking, “Is Mr. Hall’s need for continuing lumbar
spine treatment primarily related (greater than 50%) to the 10/27/2023 work accident in
which he fell out of a chair?” In October, Dr. Burval responded “no.”
TWC denied the MRI, and Mr. Hall now seeks authorization of it as well as
temporary disability benefits.
Findings of Fact and Conclusions of Law
To receive benefits at an expedited hearing, Mr. Hall must prove he 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.” Tenn.
Code Ann. § 50-6-102(12)(C) (2024).
While Dr. Burval recommended an MRI in June 2025, he made clear in his medical
questionnaire responses that the primary cause of Mr. Hall’s back pain is degenerative
rather than work-related. Without any contrary medical opinion, Mr. Hall is unlikely to
prevail in proving that his need for the MRI is primarily related to his work. Further,
because he lacks medical proof showing a causal relationship, he is ineligible for temporary
disability benefits.
It is ORDERED as follows:
1. Mr. Hall’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 11:30 a.m.
Central Time. The parties must call (615) 741-2113 or (855) 874-0474 to
participate. Failure to call might result in a determination of the issues without your
participation.
ENTERED October 31, 2025.
______________________________________
JOSHUA D. BAKER, JUDGE
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Rule 72 declaration of Mr. Hall
2. Medical records
3. Causation questionnaire response signed by Dr. Burval, filed October 16, 2025
4. Dr. Burval’s response to a December 21, 2023 causation letter
5. Letter to Mr. Hall dated May 1, 2024, regarding termination of benefits
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as shown on October 31, 2025.
Name Mail Email Service sent to:
Jason Denton, X jdenton@rma-law.com
Employee’s attorney kpaddock@rma-law.com
Richard Clark, X rclark@eraclides.com
Employer’s Attorney ctaulbee@eraclides.com
Patrick Ruth, X patrick.ruth@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