The opinion
FILED
Feb 23, 2026
09:24 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
BREEAHNA BRITT, ) Docket No. 2022-08-1404
Employee, )
v. )
CENTER FOR YOUTH MINISTRY )
TRAINING, ) State File No. 19946-2022
Employer, )
and )
ACCIDENT FUND GENERAL )
INSURANCE CO., )
Carrier. ) Judge Shaterra R. Marion
EXPEDITED HEARING ORDER
The Court held an expedited hearing on Ms. Britt’s request for medical benefits for
a head, neck, and upper-body injury. She claimed Center for Youth Ministry Training did
not offer her a panel when she relocated to Colorado. She specifically requested her
unauthorized physical therapist be appointed her authorized treating physician.
At first, Center for Youth Ministry Training argued that it did give her a valid panel.
However, during the expedited hearing, it acknowledged it did not and offered her a panel
of Colorado neurologists. Still, she wished to proceed with the hearing.
The Court holds that Ms. Britt is entitled to a panel of neurologists.
History of Claim
On March 14, 2022, a power tool struck Ms. Britt on the head. She went to the
emergency room and underwent a head CT scan, which was negative.
She selected Dr. Lloyd Robinson from a panel. Dr. Robinson diagnosed a head
contusion and neck sprain. He referred her to physical therapy and assigned restrictions.
She returned to the emergency room after developing numbness in her hand. A cervical CT
came back normal.
She next chose neurologist Rance Wilbourn from a panel. She had daily headaches.
He recommended additional physical therapy and an EMG/nerve-conduction study, which
came back normal.
Ms. Britt then moved to Colorado. She testified that her nurse case manager directed
her to see Dr. Carol Dombro, a doctor there who is not a neurologist. While treating, she
requested a Colorado panel, which she received in September 2022 but was told that she
would be responsible for care outside of Dr. Dombro. She did not sign the panel.
She eventually saw Colorado physician Dr. John Sacha. He diagnosed cervical facet
syndrome, a head contusion, occipital neuralgia, and whiplash-associated disorder, with no
evidence of a closed-head injury. He placed Ms. Britt at maximum medical improvement.
Ms. Britt testified that she saw multiple unauthorized doctors after Dr. Sacha
released her, but she has not treated with a neurologist. She requested to have physical
therapist David Bruton named as her authorized treating physician.
Findings of Fact and Conclusions of Law
Ms. Britt has the burden of proving she is likely to prevail at a hearing on the merits
for her request for benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2025); McCord v.
Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar.
27, 2015).
Employers must provide a panel of physicians when an injured employee expresses
a need for medical care. Id. § 204(a)(3)(A). Employers must offer a new panel when an
employee changes her community of residence and requests a new panel in writing. Id. §
50-6-204(a)(3)(F).
An employer may direct an injured worker to an employer-sponsored medical
provider. Tenn. Comp. R. & Regs. 0800-02-01-.06(4) (2023). However, an employer-
directed provider does not replace a panel or relieve the employer of its obligation to
provide a panel of physicians. Hawes v. McLane Co., 2021 TN Wrk. Comp. App. Bd.
LEXIS 30, at *9 (Aug. 25, 2021).
Additionally, “[a]n employer who denies liability for a compensable injury is in no
position to insist upon the statutory provisions respecting the choosing of physicians” when
determining if an employee may continue treating with her unauthorized physician. Hagan
v. Potomac Corp., 2022 TN Wrk. Comp. App. Bd. LEXIS 5, at *10 (Feb. 9, 2022). A
relevant consideration is “whether the employee established a doctor/patient relationship
with a physician of the employee’s choice following the employer’s denial of the claim.”
Id.
Neurologist Dr. Wilbourn is the last properly-paneled physician who treated Ms.
Britt before she moved to Colorado. She testified that she has not treated with a neurologist
in Colorado. She requests to treat with Mr. Bruton, a physical therapist. An employee may
be allowed to choose her own doctor, but she has not shown a doctor/patient relationship
with a physician, specifically a neurologist. Therefore, her request to have Mr. Bruton
named as her authorized treating physician is denied. However, Ms. Britt is entitled to a
Colorado panel of neurologists.
Penalty Referral
An employer may be penalized if it fails to timely offer a panel of physicians. Id. §
50-6-118(9). As stated, an employer must provide a panel when an employee changes her
community of residence and requests a new panel in writing. Id. § 50-6-204(a)(3)(F).
When Ms. Britt requested a Colorado panel of physicians, Center for Youth
Ministry Training directed her to Dr. Dombro, who is not a neurologist, and told her she
would have to pay for her own treatment otherwise. The Court finds that this is not a valid
panel.
Center for Youth Ministry Training offered a panel during the expedited hearing.
However, she was entitled to a valid panel in May 2022, almost four years earlier. The
Court refers Center for Youth Ministry Training to the compliance program for assessment
of penalties under section 50-6-118(9).
IT IS THEREFORE ORDERED as follows:
1. Ms. Britt’s request for Dr. David Bruton to be her authorized treating physician for
her work injury is denied.
2. Center for Youth Ministry Training shall provide Ms. Britt a panel of neurologists
in her Colorado community of residence. Her selection will become the authorized
treating physician.
3. The Court refers Center for Youth Ministry Training for penalties for violation of
Tennessee Code Annotated section 50-6-118(9).
4. The Court sets a status conference for April 20, 2026, at 10:15 a.m. Central Time.
The parties must call (866) 943-0014 to participate. Failure to call might result in a
determination of the issues without the party’s participation.
5. Unless interlocutory appeal of this Expedited Hearing Order is filed, compliance
with this Order 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 23, 2026.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Medical Records filed by Ms. Britt
2. Medical Records filed by Center for Youth Ministry Training
3. Affidavit of Ms. Britt
4. [For Identification Only] First Report of Injury
5. Affidavit of Ms. Bird
6. Letter of Ms. Britt’s Relocation to Memphis
7. Ms. Britt’s Job Description
8. Email Chain with most recent email dated June 11, 2021, from Philip Walkley
9. [For Identification Only] Tuition Invoice
10. [For Identification Only] Check History Summary Report
11. [For Identification Only] Check Stubs
12. [For Identification Only] Proof of Medical Insurance
13. Long Form Petition for Benefit Determination
14. Unsigned Panel from Center for Youth Ministry Training
15. Medical Records – Work Status Reports and Touchstone Imaging
16. Email Chain with most recent email dated September 14, 2022, from Ashley
Pinckney
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as indicated on February 23, 2026.
Name Mail Email Sent to
, X X
Employee
Gordon Aulgur, X gordon.aulgur@AFgroup.com
Employer’s Attorney christine.spear@AFgroup.com
Compliance X WCCompliance.Program@tn.gov
Program
_______________________________________
Penny Shrum
Clerk, Court of Workers’ Compensation Claims
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 *
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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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