Opinion

SUAREZ, KENIA LORENZO v. WCSC TENNESSEE, LLC

  • 2025 TN WC 81
Court
Tennessee Court of Workers' Compensation Claims
Filed
Nov 24, 2025
Status
Published
On the bench
Tipps
Cited by
0 cases
Authority
More cited than 37.1%

The opinion

FILED

Nov 24, 2025

09:06 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

KENIA LORENZO SUAREZ, ) Docket No. 2024-50-2258

Employee, )

v. )

)

WCSC TENNESSEE, LLC, ) State File No. 63547-2023

Employer, )

And )

)

SFM MUT. INS. CO., ) Judge Dale Tipps

Carrier. )

EXPEDITED HEARING ORDER DENYING BENEFITS

The Court held an Expedited Hearing on November 13, 2025. The issue was

whether Ms. Suarez is likely to prove at trial entitlement to additional temporary disability

and medical benefits. For the reasons below, the Court holds that, while Ms. Suarez is

likely to prevail at a hearing on the merits that she is entitled to continuing medical

treatment, she is not likely to prove entitlement to additional temporary disability benefits

or the specific requested medical treatment.

History of Claim

This is the second expedited hearing in this case. Following the first hearing, the

Court granted part of Ms. Suarez’s temporary disability benefits request and ordered

WCSC to authorize physical therapy.

Ms. Suarez was working as a home health provider for WCSC when she fell and

injured herself at a client’s home on August 7, 2023. WCSC accepted the claim and

furnished medical treatment at a clinic until she received an orthopedic referral.

Ms. Suarez then selected orthopedist Dr. Erion Qamirani from a panel. He noted

that her MRI showed degenerative changes without stenosis, and he assessed lumbar sprain

and radiculopathy. He saw “no surgical indications” and referred her to Dr. Kenneth Sykes,

a pain medicine specialist, for a right L4-5 epidural steroid injection. Before that referral

appointment took place, a physician assistant in Dr. Qamirani’s office wrote a prescription

for gabapentin. Ms. Suarez testified that she took only one dose because it caused a severe

reaction, including facial numbness.

Dr. Sykes suggested an epidural injection without the steroid. Ms. Suarez said she

did not want to proceed with any treatment until she was seen for her neck complaints.

When Ms. Suarez returned in May, Dr. Sykes discussed a nerve block but noted she

wanted a neurologist to evaluate the symptoms she experienced after taking gabapentin.

Ms. Suarez also continued to complain of cervical pain, and Dr. Sykes explained that the

carrier would have to approve an examination of her neck. He referred her to a neurologist.

Ms. Suarez selected Dr. Richard Rubinowicz from a neurologist panel and saw him

once. She reported light sensitivity and “right sided facial numbness and pressure

discomfort.” After examining her, the doctor wrote, “I do not feel the gabapentin produced

the symptoms she is reporting. . . . No additional intervention with neurology is required[,]

and she can be discharged.”

Drs. Rubinowicz and Qamirani both completed C-30A forms with the opinion that

Ms. Suarez reached maximum medical improvement on July 22, 2024.

On August 12, Dr. Sykes assessed lumbar sprain and lumbar radiculopathy. He no

longer felt Ms. Suarez was a candidate for nerve blocks or injections. Instead, he

recommended more physical therapy.

Dissatisfied with Dr. Rubinowicz’s conclusions, Ms. Suarez saw neurologist Dr.

Norman McNulty with complaints of pain and paresthesia in her face.1 He assessed right

trigeminal neuralgia and prescribed oxcarbazepine but noted that she was “hesitant to try

any medication as she believes that gabapentin caused these symptoms.”

After the first Expedited Hearing, WCSC authorized the physical therapy prescribed

by Dr. Sykes, which Ms. Suarez completed. He then prescribed more therapy for both

lumbar and cervical radiculopathy, restricted her from driving, and limited her to sedentary

work.

When Ms. Suarez returned on July 28, Dr. Sykes ordered a cervical MRI to rule out

cord compression. He also renewed her temporary restrictions and instructed her to follow

up with him after the MRI. Dr. Sykes said Ms. Suarez “reports she is seeing an orthopedist

1 Dr. McNulty’s records were excluded from the first expedited hearing because they were filed too late.

They were made an exhibit during the second hearing.

for further evaluation and treatment for her lumbar spine.” She did not return to Dr. Sykes

until November 10.

The reason for this delay is somewhat convoluted. After Ms. Suarez told Dr. Sykes

about her unauthorized treatment, WCSC scheduled a return appointment with Dr.

Qamirani and resumed temporary disability payments. However, Dr. Qamiriani declined

to see her again. So, WCSC offered several orthopedic panels only to have the chosen

doctor refuse Ms. Suarez as a patient. At the time of the hearing, no orthopedist had seen

her.

Nonetheless, Ms. Suarez was eventually scheduled to return to Dr. Sykes after a few

months but rescheduled in an unsuccessful attempt to see an out-of-state orthopedist on her

own. As a result, WCSC suspended her temporary disability benefits for noncompliance.

She eventually saw Dr. Sykes a few days before the hearing, but records from that visit

were not yet available.

As in the first hearing, Ms. Suarez testified that since taking the gabapentin she has

experienced burning or numbness on one side of her face. She feels “fuzzy,” can’t sleep,

and no longer drives. Ms. Suarez has been unable to work.

On cross-examination, Ms. Suarez admitted that WCSC has not denied any

treatment ordered by an authorized physician. She also confirmed that it offered a return

to Dr. Rubinowitz, but she does not want to see him.

Ms. Suarez argued that she needs additional treatment so she can return to work.

She asked to be allowed to treat with out-of-state orthopedists because of the problems

finding a doctor willing to see her, and she sought reimbursement for unauthorized medical

expenses. Ms. Suarez also requested temporary total disability benefits from October 2024

until WCSC resumed her payments on July 28 2025.2 Finally, she contended she is entitled

to temporary total disability benefits from the time they were suspended in October 2025

through the present.

WCSC argued that it furnished all ordered treatment. In spite of the problems

getting a doctor to accept Ms. Suarez as a patient, it continues to offer valid panels for

treatment. It also contended that Ms. Suarez’s requests for an orthopedist outside of the

relevant community and for medical expense reimbursement are not authorized by the

statute. Regarding temporary disability benefits, WCSC insisted that they have been paid

consistent with her light duty work period and her medical restrictions.

2 She admitted during the hearing that she worked light duty both in person and online from approximately

October 2024 through February 2025.

Findings of Fact and Conclusions of Law

Ms. Suarez must show she is likely to prevail at a hearing on the merits. Tenn. Code

Ann. § 50-6-239(c)(6) (2024); McCord v. Advantage Human Resourcing, 2015 TN Wrk.

Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

Turning first to Ms. Suarez’s request for additional medical benefits, under

Tennessee Code Annotated section 50-6-204(a)(1)(A), WCSC must provide medical

treatment made reasonably necessary by the work accident. To accomplish this, it must

offer a panel of three physicians. Tenn. Code Ann. § 50-6-204(a)(3)(A)(i).

WCSC met these requirements, as Ms. Suarez chose both Drs. Qamirani and

Rubinowicz from their respective panels. Further, under section 50-6-204(a)(3)(A)(ii),

WCSC properly authorized and furnished treatment with Dr. Sykes, as he was a direct

referral from Dr. Qamirani.

The referral to Dr. Sykes is problematic for Ms. Suarez’s request for another

orthopedist. “Under Tennessee Code Annotated section 50-6-204(a)(3)(E), once a treating

physician refers an injured employee to a specialist, that specialist becomes the treating

physician ‘until treatment by the . . . specialist concludes, and the employee has been

referred back to the treating physician selected by the employee from the initial panel.’”

Freeman v. Certified Maintenance Service, Inc., 2023 TN Wrk. Comp. App. Bd. LEXIS

18, at *7 (March 29, 2023). This means that Dr. Sykes became Ms. Suarez’s authorized

physician, and he remains her treating doctor unless he refers her back to Dr. Qamirani.

There is no evidence in the record that he did this or recommended any other orthopedic

treatment.3 Without that evidence, the Court cannot find Ms. Suarez is likely to prove that

Dr. Qamirani’s refusal to see her entitles her to an orthopedic appointment, whether in

Tennessee or another state. She is entitled to ongoing reasonable, necessary, and related

treatment with Dr. Sykes as the current authorized treating physician.

Regarding the claim for reimbursement of medical expenses, an employer may be

required to pay for unauthorized treatment if it does not provide the treatment made

reasonably necessary by the work injury. See Hackney v. Integrity Staffing Solutions, 2016

TN Wrk. Comp. App. Bd. LEXIS 29, at *8-9 (July 22, 2016). The Court recognizes Ms.

Suarez’s dissatisfaction with her medical treatment, but she presented no proof that WCSC

failed to provide authorized physicians or approve their treatment. Further, she offered no

medical evidence that her claimed expenses were reasonable and necessary. Absent that

proof, the Court finds she is unlikely to prove entitlement to reimbursement for her

expenses.

Turning to Ms. Suarez’s claim for temporary disability benefits, an injured worker

3 The Court notes that Dr. Sykes practices in a large orthopedic group.

is eligible for temporary total disability benefits if: (1) the worker became disabled from

working due to a compensable injury; (2) there is a causal connection between the injury

and the inability to work; and (3) the worker established the duration of the period of

disability. Jones v. Crencor Leasing and Sales, TN Wrk. Comp. App. Bd. LEXIS 48, at

*7 (Dec. 11, 2015). Ms. Suarez offered no medical proof of any period of total disability

for which she has not already received benefits.

Alternatively, temporary partial disability benefits are available when the temporary

disability is not total.” Specifically, the Board has explained:

Temporary partial disability refers to the time, if any, during which the

injured employee is able to resume some gainful employment but has not

reached maximum recovery. (citation omitted) Thus, in circumstances

where the treating physician has released the injured worker to return to work

with restrictions prior to maximum medical improvement, and the employer

either (1) cannot return the employee to work within the restrictions or (2)

cannot provide restricted work for a sufficient number of hours and/or at a

rate of pay equal to or greater than the employee’s average weekly wage on

the date of injury, the injured worker may be eligible for temporary partial

disability. Id.

This means that Ms. Suarez must show that her treating physician returned her to

work with restrictions that WCSC either could not or would not accommodate. Id. at *7-8.

Dr. Sykes assigned restrictions on May 19, 2025, and renewed those restrictions on July

28. However, the parties offered no proof about whether WCSC offered appropriate light-

duty work, whether Ms. Suarez declined the offer, or whether the circumstances justified

her refusal to return to work in a restricted-duty position. Hardin v. Royal & Sunalliance

Ins.,104 S.W.3d 501, 505 (Tenn. 2003).

Without this information, the Court cannot determine whether she is likely to prove

entitlement to additional temporary disability benefits.

IT IS, THEREFORE, ORDERED as follows:

1. WCSC shall continue to provide Ms. Suarez with medical treatment made

reasonably necessary by her August 7, 2023 injury under Tennessee Code

Annotated section 50-6-204.

2. Ms. Suarez’s claim for temporary disability benefits is denied.

3. A status hearing will take place on February 25, 2026, at 9:30 a.m. Central Time.

The parties must call 615-741-2112 to participate.

4. Unless an interlocutory appeal of the Expedited Hearing Order is filed, compliance

with this Order must occur no later than seven business days from the date of entry

of this Order as required by Tennessee Code Annotated section 50-6-239(d)(3). The

Employer must submit confirmation of compliance with this Order to the Bureau by

email to WCCompliance.Program@tn.gov no later than the seventh business day

after entry of this Order. Failure to submit confirmation within seven business days

may result in a penalty assessment for non-compliance. For questions regarding

compliance, contact the Workers’ Compensation Compliance Unit via email at

WCCompliance.Program@tn.gov.

ENTERED November 24, 2025.

_____________________________________

Judge Dale Tipps

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. WCSC’s indexed hearing exhibits

2. Ms. Suarez’s indexed hearing exhibits

3. Emails between Ms. Suarez and WCSC’s counsel

4. Records from Express Med (identification only)

5. Records from Southern Tennessee Regional Health System

6. Discharge instructions from Southern Tennessee Regional Health System

(identification only)

7. Medical bills and expense summaries (identification only)

8. December 4, 2023 record from Fastpace Health

9. Tennessee Orthopedic Alliance Worklink and Therapy orders

10. Emails between Ms. Suarez and WCSC’s counsel

11. Facsimile correspondence between Ms. Suarez and Leah Morini

12. Records from Dr. Ronald McNulty

13. Emails between Ms. Suarez and WSCS

14. WCSC’s indexed hearing exhibits (filed October 29, 2025)

15. Ms. Suarez’s indexed hearing exhibits (filed October 30, 2025)

16. Records from Express Med

17. Unindexed medical records and bills

18. Claim payment register

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on November 24, 2025.

Name U.S. Email Service sent to:

Mail

Kenia Lorenzo Suarez X j.plus.kel@gmail.com

Ryan Mirian, X RMirian@eraclides.com

Employer Attorney

______________________________________

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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