The opinion
FILED
Jan 12, 2026
01:21 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
BILLY BROWN, ) Docket No: 2023-02-8932
Employee, )
v. )
THE LILLY CO. d/b/a LILLY )
ENVIRONMENTAL, ) State File No. 860540-2023
Employer, )
And )
AMERISURE MUTUAL )
INSURANCE COMPANY, ) Judge Brian K. Addington
Carrier. )
EXPEDITED ORDER
The Court held an expedited hearing on January 8, 2026, on Mr. Brown’s request
for medical benefits. For the reasons below, the Court finds he is entitled to some of the
requested benefits.
History
Mr. Brown was injured in a forklift accident at work on November 17, 2023. Lilly
accepted the claim, and ultimately Dr. Richard Duncan, orthopedic surgeon, treated him.
Based on Mr. Brown’s history, Dr. Duncan noted that he experienced nerve compression
from the work injury and suffered an impairment.
Mr. Brown’s claim progressed normally until the April 16, 2025 appointment. Dr.
Duncan wrote that the insurance carrier did not want to have a repeat MRI. He also thought
that Mr. Brown was unhappy with his opinions and impairment rating. Dr. Duncan offered
that he see another doctor in his practice or Mr. Brown could speak to a neurosurgeon. He
concluded he did not have anything else to offer Mr. Brown from a medication or injection
standpoint.
Dr. Duncan ordered a repeat lumbar MRI, and Mr. Brown requested another
1
injection in six weeks. Lilly approved the MRI, which was completed. However, Mr.
Brown canceled one appointment for personal reasons, missed another, and never saw Dr.
Duncan again. Although he later requested an additional appointment with Dr. Duncan
through the nurse case manager, he never received it. He believes that Dr. Duncan will no
longer see him.
Before the hearing, Lilly sent Dr. Duncan questions regarding Mr. Brown. In
response, Dr. Duncan said a second opinion is reasonable but also checked that no further
medical treatment for Mr. Brown’s lumbar spine primarily arose from his work injury.
Mr. Brown argued entitlement to a new panel of physicians and a panel of
neurosurgeons. Lilly disagreed based on Dr. Duncan’s questionnaire responses but
admitted in its brief that Dr. Duncan declined to continue treating Mr. Brown.1
Findings of Fact and Conclusions of Law
Mr. Brown must show a likelihood of prevailing at a hearing on the merits that he
is entitled to medical benefits. Tenn. Code Ann. § 50-6-239(d)(1) (2025); McCord v
Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar.
27, 2015). An employer is obligated to provide a panel physician if an employee has
suffered an injury and expressed a need for medical care. Id. § 50-6-204(a)(3)(A)(i).
Lilly did not dispute that Mr. Brown’s injury arose primarily out of and in the course
and scope of his employment. Instead, it contested whether he needs more treatment based
on Dr. Duncan’s questionnaire responses. However, Dr. Duncan originally concluded that
Mr. Brown experienced nerve compression and has an impairment. Something apparently
went wrong during the April 16 appointment, and now Dr. Duncan declines to treat him.
The Appeals Board has held that, in a compensable claim, an employee is entitled
to any reasonable and necessary medical treatment causally-related to the work accident;
but when an authorized treating physician refuses to allow a return visit, a trial court
properly ordered the employer to replace that doctor on its panel to allow the employee to
select another physician. Limberakis v. Pro-Tech Sec., 2017 TN Wrk Comp App Bd
LEXIS 53, at *9-10, (Sept. 12, 2017).
Under these similar circumstances, Mr. Brown is entitled to a new panel of
orthopedic physicians. He would likely succeed at a hearing on the merits on this issue.
However, Mr. Brown is not likely to succeed at a hearing on the merits for a
neurosurgeon panel because Dr. Duncan did not make a referral. Rather, he said Mr. Brown
might want to speak to a neurosurgeon. The Court cannot order a neurosurgeon panel on
1
The parties did not depose Dr. Duncan, so the Court could only consider Mr. Brown’s medical records.
2
this speculative assertion.
It is ORDERED as follows:
1. Lilly shall provide Mr. Brown with a panel of orthopedists and approve an
appointment with the selected physician.
2. The Court denies Mr. Brown’s request for a neurosurgeon panel.
3. The parties shall attend a status hearing by phone on May 4, 2026, at 10:00 a.m.
Eastern. The parties must call 855-543-5044.
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).
ENTERED January 12, 2026.
Brian K. Addington
____________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
Appendix
Exhibits:
1. Rule 72 Declaration of Mr. Brown
2. Medical records (Collective)
Summit Medical
Fast Pace Health Clinic
Watauga Orthopedics, PLC
3. Medical records Watauga Orthopedics, PLC
4. Dr. Duncan’s Medical Questionnaire (Collective).2
2
Mr. Brown objected to the questionnaire answers because not all of the records were submitted. Tennessee
Compilation Rules and Regulations 0800-02-21-.15(2) (2023) states that letters addressing medical
causation and/or the reasonableness and necessity of treatment signed by a physician are admissible at an
expedited hearing. The rule does not condition admissibility on whether medical records support the
doctor’s responses. The Court overrules the objection because responses to the questions are signed.
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CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent on January 12, 2026.
Name Certified Fax Email Service sent to:
Tim Roberto, X troberto@brownandroberto.com
Employee’s Attorney taholt@brownandroberto.com
Allen Grant, Ryann X agrant@hrslawga.com
Freemon, Scott smorell@hrslawga.com
Morrell, rfreemon@hrslawga.com
Employer’s Attorneys
_____________________________________
PENNY SHRUM, Court Clerk
WC.CourtClerk@tn.gov
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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]
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