Opinion

BRITT, BREEAHNA v. CENTER FOR YOUTH MINISTRY TRAINING

  • 2026 TN WC 12
Court
Tennessee Court of Workers' Compensation Claims
Filed
Feb 23, 2026
Status
Published
On the bench
Marion
Cited by
0 cases

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 *

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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