The opinion
FILED
Feb 26, 2026
10:39 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
DANNY FLORIA, ) Docket No. 2025-20-3955
Employee, )
v. )
DEMCOR, INC., ) State File No. 2184-2025
Employer, )
and )
FFVA MUTUAL INS. CO., ) Judge Brian K. Addington
Carrier. )
EXPEDITED ORDER
Danny Floria sought an order requiring Demcor to provide benefits. Demcor argued
that Mr. Floria’s injury arose from horseplay and he was not entitled to any benefits. After
an expedited hearing on February 20, 2026, the Court finds that Mr. Floria is not likely to
succeed at a hearing on the merits in proving his entitlement to benefits.
Claim History
Mr. Floria operated a chain saw for Demcor and was not a supervisor.
On November 22, 2024, he stopped work for lunch at a food truck located on
Demcor’s premises. Before he could order food, he noticed several other employees
hurrying to the food truck. He suddenly lunged in a joking manner with his left arm to
either stop them or get in front of them. He struck a worker and fell, landing on his arm.
Mr. Floria told Demcor’s owner, Ismail Menguc, that a stampede of other workers
ran over him, flipped him three times, and knocked him out. Mr. Floria refused
transportation to the hospital despite having a serious injury, so Mr. Menguc followed him.
Upon arrival, Mr. Floria asked Mr. Menguc to leave and then used his own insurance.
Mr. Menguc was angry with the co-worker who allegedly knocked Mr. Floria down
and intended to terminate him. However, Mr. Menguc believed Mr. Floria was known to
stretch the truth, so he decided to review a video of the incident. According to him and his
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supervisor, the video showed Mr. Floria lunging in front of the employee rather than the
employee running over him.1
Later that day, Mr. Floria returned to the office, and Mr. Menguc confronted him
with his version of the accident. Mr. Floria admitted to “horseplay,” specifically using that
word. However, Mr. Menguc did not terminate him but sent him home with pay until he
recovered. He then returned to Demcor to work modified duty for two weeks, after which
Mr. Floria refused additional light-duty. Mr. Menguc then terminated him.
Mr. Floria first stated that Demcor did not pay him after the incident but then
admitted on cross-examination that it paid him both while he was off work and when he
was on light-duty. He testified he has not worked since his termination because he cannot.
Mr. Floria asserted Demcor wrongly denied his claim and denied engaging in
horseplay. Demcor argued that Mr. Floria never intended to file a workers’ compensation
claim and only did so after his termination. Regardless, Demcor asserted that the injury did
not arise primarily out of and in the course and scope of his employment.
Findings of Fact and Conclusions of Law
Mr. Floria must show a likelihood of proving at a hearing on the merits that he is
entitled to 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).
Mr. Floria must prove his injury arose primarily out of and in the course and scope
of his employment. Id. § 50-6-102(12). Citing longstanding Tennessee law, the Appeals
Board has explained:
“[A]n injury by accident to an employee is in the course of employment if it
occurred while he was performing a duty he was employed to do; and it is an
injury arising out of employment if caused by a hazard incident to such
employment.” Generally, an injury arises out of and is in the course and
scope of employment if it has a rational connection to the work and occurs
while the employee is engaged in the duties of his employment.
Scarbrough v. Right Way Recycling, LLC, 2015 TN Wrk. Comp. App. Bd. LEXIS 9, at *10
(Apr. 20, 2015) (Internal citations omitted). Horseplay, on the other hand, is “a voluntary
act . . . that [is] in no way connected with or incidental to the employment. Brown v. Aetna
Cas. & Sur. Co., No. 01-S01-9010-CH-00090, 1991 Tenn. LEXIS 157, at *5-6 (Tenn. Apr.
15, 1991).
The Court finds Mr. Floria intended to participate in horseplay with the other
employees. He did not supervise any employees or have the authority to interfere with an
employee going to lunch. Both witnesses to the video testified that Mr. Floria initiated
1
The parties did not present any eyewitnesses to the incident or the video, which has since been deleted.
2
contact with the other employee and lunged or put his arm out to stop the other employee
from passing him.
Mr. Floria, however, disputed this, testifying that the employees who struck him
were coming straight toward him, and he just put up his arms to protect himself. Mr. Floria
also testified he flipped three times after being struck and was knocked unconscious. This
corresponds with his demonstrated tendency to exaggerate. In sum, the Court does not
accredit his testimony.
The Court finds Mr. Floria’s actions at the time of his injury were not causally
connected to his employment because they did not further Demcor’s interests, nor did
Demcor allow them. See Jordan v. United Methodist Ministries, 740 S.W. 2d 411, 412
(Tenn. 1987). Further, considering Scarborough, his injury did not arise out of the course
and scope of his employment because his actions had no rational connection to his work at
Demcor, nor was he engaged in the duties of his employment. In other words, horseplay
with employees that are going to pass you on the way to lunch cannot be regarded as arising
primarily out of and in the course and scope of employment under the Workers’
Compensation Law.
It is THEREFORE ORDERED AS FOLLOWS:
1. The Court denies Mr. Floria’s request for benefits at this time.
2. This case is set for a status hearing on May 16, 2026, at 2:00 p.m. Eastern.
The parties must dial 855-543-5044 to participate in the hearing.
ENTERED February 26, 2026
Brian K. Addington
___________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
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Exhibits:
1. Rule 72 Declaration of Danny Floria, Sr.
2. Wage Statement
3. Affidavit of Ismail Menguc
4. Rule 72 Declaration of Aaron Goover
5. Deposition transcript of Danny Floria
6. Deposition transcript of Ismail Menguc
7. Medical records of Dr. Nicholas Grimaldi
8. Medical records from Newport Medical Center
9. Employee’s Responses to Employer’s First Set of Interrogatories
10. Medical records from Jefferson Memorial Hospital
11. Pay Stubs
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on February 26, 2026.
Name Email Service sent to:
Adam Brock-Dagnan, X adam.brockdagnan@forthepeople.com
Employee’s Attorney Christopher.howell@forthepeople.com
Garett Franklyn, Matthew X gfranklyn@mijs.com
Wells, Employer’s Attorneys mgwells@mijs.com
dbailey@mijs.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]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082