Opinion

HOLLAND, JUDITH v. RANDSTAD

  • 2025 TN WC 89
Court
Tennessee Court of Workers' Compensation Claims
Filed
Dec 10, 2025
Status
Published
On the bench
Marion
Cited by
0 cases
Authority
More cited than 37.5%

The opinion

FILED

Dec 10, 2025

01:59 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

JUDITH HOLLAND, ) Docket No.: 2021-08-1180

Employee, )

v. )

RANDSTAD, )

Employer, ) State File No.: 39214-2019

And )

INDEMNITY INS. CO. OF N. AM., )

Carrier. ) Judge Shaterra R. Marion

)

________________________________________________________________________

COMPENSATION HEARING ORDER GRANTING BENEFTIS

The Court held a compensation hearing on December 3, 2025, in this post-

settlement medical benefits case. The main issue is whether Ms. Holland is entitled to a

lumbar fusion surgery ordered by Dr. Samuel Schroerlucke. For the reasons below, the

Court holds that Ms. Holland is entitled to the surgery and attorney’s fees.

History of Claim

Ms. Holland was injured at work on May 28, 2019. She selected Dr. Schroerlucke

from a panel as her authorized treating physician.

Dr. Schroerlucke is a board-certified orthopedic spine surgeon, who did both adult

and pediatric spine fellowships.

Dr. Schroerlucke treated Ms. Holland for six years, including a microdiscectomy in

October 2019 after an MRI and injection. She continued to have right-leg pain, so he

ordered another injection and physical therapy in January 2020.

Ms. Holland had continued symptoms in 2021, so Dr. Schroerlucke ordered another

injection in February that did not help. After an MRI in May revealed a recurrence of Ms.

Holland’s stenosis, he performed a lumbar fusion in July 2021. She did relatively well after

1

the fusion, so he ordered physical therapy and ultimately placed her at maximum medical

improvement on March 24, 2022.

At his deposition, Dr. Schroerlucke testified that when he released Ms. Holland at

maximum medical improvement, he noted she would need future medical treatment

because of the risk of degeneration at the levels of her spine next to the fusion. He also said

that some people continue to have back problems after a lumbar fusion.

The parties reached a settlement of Ms. Holland’s claim, which included her right

to future medical care with Dr. Schroerlucke.

Ms. Holland testified that she worked from November 2023 to August 2024 as a

parttime cashier for two separate employers. While they allowed her breaks to sit down,

her pain forced her to stop working. She did home exercises from her physical therapy until

late 2024, when it became too painful.

Unable to work, Ms. Holland returned to Dr. Schroerlucke. In November 2024, he

ordered a new MRI because of her complaints of severe left-leg pain. The MRI showed

disc herniation at the level above her previous lumbar fusion.

An injection on February 17, 2025, did not help with her symptoms. On March 6,

Dr. Schroerlucke found Ms. Holland had left, more so than right, lower-extremity

radiculopathy. Due to that, and because she “failed all conservative management,” he

ordered another lumbar fusion surgery. Randstad denied the surgery.

Randstad submitted the surgical order to utilization review on May 2 and only

provided a March 2025 medical note for review. 1 Dr. Sean Lager, a board-certified

orthopedic surgeon, noted severe low-back pain radiating to the left greater than right lower

extremity that persisted despite an epidural steroid injection. However, he remarked that

the MRI report cited by the record was not submitted for review. He did not recommend

surgery. Ms. Holland appealed the utilization review denial to the Medical Director, Dr.

Robert Snyder, who upheld the denial.

Dr. Schroerlucke continues to treat Ms. Holland and to recommend surgery to treat

her pain and radiculopathy. He testified that due to the amount of time since her last MRI,

he would need to do a repeat MRI and a preoperative CT scan if surgery is approved.

He explained that although he did not refer her for an independent psychological

evaluation, he considered her psychiatric condition when recommending surgery.

Although he did not order additional physical therapy, he considered that she had been

doing her home exercises until they became too painful. He stated that conservative

1

Randstad submitted the surgery to Utilization Review almost two months later than the rules allow.

2

measures had been considered and were ineffective and no other options remain for her

except surgery.

Dr. John Lochemes conducted an independent medical examination of Ms. Holland

on November 13 and did not think the fusion was medically necessary. He recommended

additional physical therapy and further injections to attempt to locate the source of her pain.

He did not believe the lumbar fusion would significantly improve Ms. Holland’s

symptoms. He also testified he found no qualifying radiculopathy on his exam, although

his exam did show left-side pain that matches Ms. Holland’s MRI. He did not recommend

another surgery because her past fusion was unsuccessful. He defined “unsuccessful” as a

lack of return to work or life function.

Dr. Lochemes is a board-certified orthopedic surgeon, but he is not certified in spine

surgery. He has not done any spine fellowships. He testified that he did not have Ms.

Holland’s 2024 and 2025 records when he examined her and prepared his report. However,

he reviewed the records before his deposition, and they did not change his opinion. He

reviewed the MRI reports but not the MRI images themselves. He admitted his report is

not a true account of the records he reviewed.

Dr. Lochemes does not perform spine surgery and agreed that if one of his patients

needs spine surgery, he refers them to a spine specialist. He acknowledged that Dr.

Schroerlucke is well regarded in the area, and the medical necessity of the lumbar fusion

is just a difference of opinion between two doctors.

Ms. Holland also argued for attorney’s fees because Randstad unreasonably failed

to approve the surgery. Randstad stated it did nothing wrong and the fees should not be

awarded because they are discretionary.

Findings of Fact and Conclusions of Law

Evidentiary Ruling

Ms. Holland attempted to enter emails through Dr. Lochemes’s deposition on the

scheduling of his deposition. Randstad objected, stating they are hearsay and lack proper

foundation.

All the emails are between Dr. Lochemes’s staff and counsel for Randstad. Dr.

Lochemes did not say if he reviewed them as part of his opinions. In fact, he testified that

he would have to ask his business staff to be able to answer any scheduling questions. The

Court sustains the objection, as the emails are inadmissible hearsay.

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Analysis and Decision

The issue is whether the lumbar fusion surgery ordered by Dr. Schroerlucke is

medically necessary. Ms. Holland must prove her entitlement to the surgery by a

preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2025). The Court finds

she met this burden.

When an employee suffers a compensable work injury, the Workers’ Compensation

Law states that an employer must furnish “medical and surgical treatment as ordered by

the attending physician . . . made reasonably necessary by accident[.]” Id. § 50-6-

204(a)(1)(A).

The parties agreed that Dr. Schroerlucke was selected from a panel and is the

authorized treating physician. His opinion is thus presumed to be medically necessary for

Ms. Holland’s treatment. Id. § 50-6-204(a)(3)(H). Therefore, the burden of proof “shifts to

the employer to prove by a preponderance of the evidence that such prescribed treatment

is not medically necessary.” Rhea v. Titan Transport, Inc., 2023 TN Wrk. Comp. App. Bd.

LEXIS 16, at *8-9 (Apr. 11, 2023) (Emphasis in original).

Randstad offered the opinions of Dr. Lochemes, Dr. Lager, and Dr. Snyder. When

deciding which medical opinion to accept, the Court can consider the experts’

qualifications, the circumstances of their examinations, the information available to them,

and the importance attached to the information by other experts. Orman v. Williams

Sonoma, Inc., 803 S.W.2d 672, 676 (Tenn. 1991). As shown below, all the factors favor

Dr. Schroerlucke.

Dr. Schroerlucke’s specific board certification as a spine surgeon favors him on the

factor of qualifications. Drs. Lochemes and Lager are board-certified orthopedic surgeons

but without a certification in spine surgery. Dr. Lochemes testified that he would refer

patients to someone with a spine surgery certification, like Dr. Schroerlucke, for operations

similar to the lumbar fusion here.

The circumstances favor Dr. Schroerlucke as well. He treated Ms. Holland over the

course of six years and performed her two earlier surgeries. Dr. Lochemes saw her once,

and the other doctors did not see her at all. “It seems reasonable that the physicians having

greater contact with the Plaintiff would have the advantage and opportunity to provide a

more in-depth opinion, if not a more accurate one.” Id. at 677.

As far as the information available and importance of information, Dr. Schroerlucke

had all the information available. He reviewed the MRI reports and independently reviewed

the imaging as well. Dr. Lochemes testified he did not have Ms. Holland’s most recent

records at the time of his report and examination, and what he reviewed is unclear. This is

especially important because Dr. Schroerlucke’s medical records conflict with some of Dr.

4

Lochemes’s opinions. Particularly, Dr. Schroerlucke consistently documented

radiculopathy, and Ms. Holland testified that she returned to work after the first fusion.

As for the other doctors, Dr. Lager only reviewed one visit of Ms. Holland’s six-

year medical history for his utilization review, and Dr. Snyder’s report did not specify

which records he reviewed.

All factors favor Dr. Schroerlucke and his conclusion that Ms. Holland “failed all

conservative management” before he ordered this surgery. The Court agrees with Dr.

Lochemes that this is simply two doctors disagreeing, and Randstad has not shown by a

preponderance of the evidence that its physicians’ opinions rebutted the presumption

afforded Dr. Schroerlucke.

Therefore, the Court holds that the lumbar fusion surgery ordered by Dr.

Schroerlucke, along with the necessary preoperative diagnostics including an MRI and CT

scan, are medically necessary and shall be approved by Randstad.

Attorney’s Fees

Tennessee Code Annotated section 50-6-226(d)(1) states an employee’s attorney

may be awarded a fee when the employer “[f]ails to furnish appropriate

medical . . . treatment or care . . . provided for in a settlement . . . or judgment under this

chapter.”

In this case, the parties entered into a court-approved settlement agreement in

September 2022. That agreement stated in relevant part: “Employer agrees to pay for

reasonable and necessary future medical expenses for the work injury under Tennessee

Code Annotated section 50-6-204.”

This section of the statute does not require a detailed analysis. McCool vs Prof’l

Care Servs., 2025 TN Wrk. Comp. App. Bd. LEXIS 59, at *18 (Nov. 18, 2025). “Employer

either provided the medical benefits as described in the court-approved settlement

agreement, or it did not.” Id.

Here, Randstad declined to approve medical care that Ms. Holland is entitled to

under the terms of both the settlement agreement and section 50-6-204. Therefore, Ms.

Holland’s attorney is entitled to fees under section 226(d)(1)(A). The Court need not

address Ms. Holland’s request for an award under section 226(d)(1)(B).

IT IS THEREFORE ORDERED as follows:

1. Randstad or its workers’ compensation carrier shall provide Ms. Holland

reasonable and necessary future medical benefits under Tennessee Code Annotated

5

section 50-6-204(a)(1)(A), including the lumbar fusion surgery, along with any

required preoperative diagnostics, ordered by Dr. Schroerlucke.

2. The Court grants Ms. Holland’s request for attorney’s fees under Tennessee Code

Annotated section 50-6-226(d)(1)(A) because of Randstad’s failure to approve the

lumbar fusion. Ms. Holland’s attorney shall file a motion for fees and expenses

incurred in obtaining the lumbar fusion, itemized by task, date of performance, time

spent, and the requested hourly rate, within ten days of the date of this order.

Randstad shall have five days to respond.

3. Randstad shall pay the $150.00 filing fee to the Clerk within five business days of

this order becoming final, for which execution might issue as necessary.

4. Unless appealed, this order shall become final 30 days after entry.

ENTERED December 10, 2025.

________________________________________

Judge Shaterra R. Marion

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Deposition of Dr. Schroerlucke, including attachments and Utilization Review

Report of Dr. Lager

2. Jointly-Submitted Medical Records, with Table of Contents

3. Deposition of Dr. Lochemes, with attachments except for those listed in #4 below

4. [For Identification Only] Emails attached to Dr. Lochemes’s deposition related to

scheduling his deposition

5. Letter from Dr. Snyder upholding the utilization review denial

6. Settlement Agreement dated September 29, 2022

7. Settlement Agreement dated July 19, 2023

6

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on December 10, 2025.

Name Email Service sent to:

Jonathan May, X jmay@forthepeople.com

Employee’s Attorney sshook@forthepeople.com

Jenna Macnair, X jmacnair@manierherod.com

Rhoberta Orsland, rorsland@manierherod.com

Employer’s Attorneys

_____________________________________

Penny Shrum, Court Clerk

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov

7

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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