The opinion
FILED
Feb 03, 2026
01:45 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT COOKEVILLE
CHARLES GUFFEY, ) Docket No.: 2024-40-8572
Employee, )
v. ) State File No.: 860001-2025
)
HAREN CONSTRUCTION, ) Judge Robert Durham
INC., )
Employer, )
And )
)
AMERISURE INS. CO., )
Insurer. )
EXPEDITED HEARING ORDER GRANTING BENEFITS
The Court held an Expedited Hearing on January 20, 2026, to determine whether
Haren Construction owes Mr. Guffey additional temporary total and partial disability
benefits and his entitlement to attorney’s fees. The Court finds that Mr. Guffey is likely to
prove at trial that he is entitled to additional temporary disability benefits but an award of
attorney’s fees is not warranted at this stage.
Stipulations
Haren agreed for the purpose of this hearing as follows:
Mr. Guffey suffered a compensable injury to his left arm on February 13, 2024.
He is entitled to payment of his medical expenses related to his hospital stay and
treatment from Dr. Craig Saunders and Dr. Todd Rubin.
Haren shall pay Mr. Guffey temporary total disability benefits from February 19,
2024, through March 22, 2024, plus a 25% penalty under Tennessee Code
Annotated section 50-6-205(b)(3)(A) in the amount of $5,830.93.
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History of Claim
Mr. Guffey worked as a foreman for Haren, operating heavy equipment and
performing other manual tasks. He suffered a puncture wound to his left forearm at work,
and it became infected due partly to his uncontrolled diabetes.
Mr. Guffey went to the hospital on February 19, and Dr. Saunders performed
emergency surgery to clean out the infection. Mr. Guffey recovered, but at the hearing he
produced a picture taken on March 15 (approximately one month after the appointment)
that showed a significant open wound in his forearm.
Dr. Saunders last saw Mr. Guffey on March 22. He noted that Mr. Guffey still had
an open wound that required wet/dry dressing and antibiotics. Mr. Guffey still had grip
strength weakness but improved range of motion. Dr. Saunders testified that Mr. Guffey
told him that day that he wanted to return to work and he “did not have a reason for him
not to return to work.” However, he recommended use of a protective splint and bandaging.
Dr. Saunders also testified that he speculated when he earlier agreed with a letter
from Mr. Guffey’s attorney stating that Mr. Guffey could not have returned to work until
November 1, 2024. He confirmed that he was unaware of Mr. Guffey’s statement to a
healthcare provider in June 2024 that his wound took three months instead of nine to fully
heal.
During cross-examination, Dr. Saunders explained the return-to-work issue. He
recommended a “wrist cock-up splint” to “help support the wrist to prevent any kind of
trauma, especially if he fell. You know, God forbid that caused the wound to dehisce. It
would just pop open.”
He warned Mr. Guffey about returning to work. When specifically asked about Mr.
Guffey working in construction while he still had an open wound, Dr. Saunders said he
would not have wanted him to risk exposure, although a splint and a glove would have
offered some protection. Dr. Saunders ordered physical therapy because it would have
assisted Mr. Guffey in regaining strength and range of motion. He agreed that Mr. Guffey’s
current assertions of continued weakness and loss of motion were consistent with his
injury.
Mr. Guffey also testified about his temporary disability after his injury. He said that
he attempted to return to work for Haren on March 25. However, every task required use
of his left arm. He also had to keep his wound clean and avoid the dirt, grease, and oil
common to a construction environment.
Mr. Guffey said that he had only been on the jobsite for a few hours when his
supervisor terminated him and Haren denied his workers’ compensation claim. Mr. Guffey
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did not immediately find other employment.
On June 26, he visited the local health department complaining of uncontrolled
diabetes and a large ulcer. He told a nurse practitioner that he recently had a puncture
wound in his arm that caused a “nasty infection” that took three months to fully heal. Mr.
Guffey received treatment for his diabetes and ulcer and was released to return to work on
November 1.
Mr. Guffey testified that he went to work for a tree service on November 1. The job
paid $10.00 less per hour than Haren, so he made $400 less per week. Mr. Guffey worked
there until February 3, 2025, when he got a job driving a truck making the same wages as
with Haren.
More than a year from his injury and after several months of litigation, Haren
accepted Mr. Guffey’s claim and authorized orthopedist Todd Rubin to treat him. Dr.
Rubin saw Mr. Guffey on September 26, 2025. Mr. Guffey complained of pain, weakness,
and stiffness in his left hand and wrist. Examination revealed some atrophy and loss of
strength as well as diminished sensation along the median nerve suggestive of entrapment.
However, the record noted full range of motion.
Dr. Rubin diagnosed “likely” post-traumatic infection symptoms or progressive scar
tissue over the median nerve. He prescribed occupational therapy for both the pain and
loss of motion and released Mr. Guffy to return to work without restrictions.
In November 2025, counsel asked Dr. Rubin to answer a series of “medical
questionnaires.” In them, he said that Mr. Guffey has not reached maximum medical
improvement. As for temporary total disability, Dr. Rubin listed February 19, 2024,
through March 22, 2024, as the dates Mr. Guffey should have been “off work completely.”
Mr. Guffey testified that he has worked with heavy equipment for most of his life.
At the time of his termination, he did not believe he could do the job at Haren due to his
inability to use his left hand. After he was fired, he did not immediately look for work
because he did not think he could perform the essential functions of a heavy equipment
operator. He could not make a fist with his left hand or even tie his shoes. He said the
only reason he stayed out of work for as long as he did was due to his left hand.
Currently his range of motion and strength in his left hand are about half of his right.
While he now makes the same wages as with Haren, he had to switch careers.
Findings of Fact and Conclusions of Law
To obtain the requested temporary disability benefits, Mr. Guffey must show a
likelihood of prevailing at a hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1)
3
(2025). He must prove: (1) a disability from working as the result of a compensable injury;
(2) a causal connection between the injury and the inability to work; and (3) the duration
of the period of disability. Shepherd v. Haren Const. Co., Inc., 2016 TN Wrk. Comp. App.
Bd. LEXIS 15, at *13 (Mar. 30, 2016). Where the disability is not total, the employee may
recover temporary partial disability benefits if the employee is able to resume some gainful
employment but has not reached maximum recovery. Id. In addition to lay testimony, Mr.
Guffey must also have an expert medical opinion to establish the necessary elements.
The Court first considers temporary total disability benefits. Dr. Rubin is the
authorized treating physician, whose opinion is entitled to a presumption of correctness.
Id. § 50-6-102(12)(E). He said he believed Mr. Guffey was “off work completely” from
February 19 through March 22, 2024. Dr. Saunders also released Mr. Guffey to return to
work on March 22. Thus, the Court finds that Mr. Guffey is likely to prove entitlement to
temporary total disability benefits from February 19 through March 22. Haren has already
agreed to pay these benefits.
However, the Court must also decide whether Mr. Guffey is entitled to temporary
partial disability benefits. On this issue, Dr. Saunders’s testimony is significant.
While Dr. Saunders testified that he released Mr. Guffey to return to work on March
22, it was mostly due to Mr. Guffey’s insistence. He was reluctant to do so, given that Mr.
Guffey’s wound was still open and subject to infection, particularly due to his uncontrolled
diabetes. He was also afraid that any stress on the left arm could cause the wound to “God
forbid” dehisce or “burst open.” Thus, his deposition testimony is clear that Mr. Guffey
needed to keep his left arm covered and not stressed until the wound closed.
Mr. Guffey’s undisputed testimony was that Haren could not or would not
accommodate those restrictions when it terminated him. Further, the evidence showed that
it took three months for his wound to completely heal, which was corroborated by his
statement to the health department in June. Given that his injury occurred on February 13,
three months afterward would be May 13, 2024. Thus, the Court finds that Mr. Guffey is
likely to prove entitlement to temporary total and partial disability benefits from February
13 through May 13, 2024. Because Haren failed to pay temporary benefits it owed Mr.
Guffey, it awards him an additional 25% under section 50-6-205(b)(3)(A).
Mr. Guffey argued that he is entitled to additional total disability benefits until
November 1 and temporary partial disability until February 3, 2025. However, while he
testified that he could not have worked until November 1 due to strength and range-of-
motion limitations, he did not submit any expert opinion to support his lay testimony.
Finally, Mr. Guffey also requested attorney’s fees under Tennessee Code Annotated
section 50-6-226(d)(1)(B) on the grounds that Haren unreasonably denied his request for
benefits. The Workers’ Compensation Appeals Board has encouraged consideration of
4
attorney’s fees at the end of the claim. Andrews v. Yates Servs., Inc., 2017 TN Wrk. Comp.
App. Bd. LEXIS 35, at *7-8 (May 23, 2017). This request is denied at this time.
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IT IS, THEREFORE, ORDERED:
1. Haren Construction shall pay all medical expenses related to Mr. Guffey’s
hospital stay and treatment by Dr. Saunders. Haren shall pay for all reasonable
and necessary medical treatment provided or recommended by Dr. Rubin for
treatment of Mr. Guffey’s work-related injury. Haren shall also pay any
reasonable and necessary mileage expenses submitted by Mr. Guffey.
2. Haren shall pay $13,542.81 in temporary total disability benefits from February
13, 2024 through May 13, 2024. Under section 50-6-205(b)(3)(A), Haren shall
pay an additional 25% of this award or $3,385.71. The total award is $16,928.52.
If Haren has already paid $5,830.90, it is entitled to a credit and shall pay Mr.
Guffey an additional $11,097.62. Mr. Guffey’s counsel is entitled to $2,219.52
in attorney’s fees from the additional amount.
3. This case is set for a Scheduling Hearing on March 30, 2026, at 9:00 a.m.
Central Time. The parties must call 615-253-0010. Failure to appear might
result in a determination of the issues without the party’s participation.
4. Unless an interlocutory appeal is filed, compliance must occur by seven business
days of entry of this order as required by Tennessee Code Annotated section 50-
6-239(d)(3).
ENTERED February 3, 2026.
_____________________________________
ROBERT DURHAM, JUDGE
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Dr. Saunders’s deposition.
2. Dr. Rubin’s response to questionnaire about permanent impairment.
3. Picture of Mr. Guffey’s arm dated February 28, 2024
4. Picture of Mr. Guffey’s arm dated March 15, 2024
5. Overton County Health Department record
6. Additional Overton County Health Department records
7. Release to return to work form from Overton County Health Department
8. Responses to medical questionnaires from Dr. Rubin
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on February 3, 2026.
Name Certified Via Via Service sent to:
Mail Fax Email
Allen Grant X agrant@hrslawga.com
Jeffrey Rufalo X jrufolo@summersfirm.com
_____________________________________
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 *
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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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