The opinion
FILED
Feb 26, 2026
02:29 PM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT CHATTANOOGA
Timothy W. Pinkham, ) Docket No.: 2025-10-5344
Employee, )
v. )
Davis Enterprises of Tennessee, LLC, ) State File No.: 59160-2025
Employer, )
And )
Acuity A Mutual Insurance Company, ) Judge Audrey Headrick
Carrier. )
)
EXPEDITED HEARING ORDER
(DECISION ON THE RECORD)
Mr. Pinkham requested benefits that Davis Enterprises denied based on lack of
medical causation. For the reasons below, the Court holds Mr. Pinkham is not entitled to
the requested benefits.
Claim History
On August 9, 2025, Mr. Pinkham alleged he “felt a pull on the right side of his neck
and his shoulder” while climbing into his truck.
Mr. Pinkham selected orthopedist Dr. Rickey Hutcheson from a panel. Dr.
Hutcheson determined that Mr. Pinkham’s significant cervical spondylosis was not work-
related and diagnosed a degenerative labral tear.
Dr. Hutcheson responded to two medical questionnaires. In the first, he checked
that “the 8/9/2025 claimed mechanism of injury [sic] not 50% or more the cause of his
need for treatment for his right shoulder.” In the second, Dr. Hutcheson explained that Mr.
Pinkham routinely pulled himself into his truck many times before the incident, and he
described no specific injury. Dr. Hutcheson also stated Mr. Pinkham’s weight contributed
to his condition, and the “para labral cyst [present on the MRI] is indicative of a non-acute
injury.”
1
In his affidavit, Mr. Pinkham stated Dr. Hutcheson told him he would not perform
any surgery because “the tears were not over 50%,” and he had nothing further to offer
him. He also said he has no use of his right arm and suffers from nonstop pain.1
Mr. Pinkham requested a second opinion on surgery, and he asked that the Court
appoint a neutral physician to examine him and address causation. He stated he had no
problems either with his shoulder or performing work activities before the injury.
Davis Enterprises objected to Mr. Pinkham’s requests and relied on Dr. Hutcheson’s
causation opinion.
Findings of Fact and Conclusions of Law
Mr. Pinkham must offer sufficient evidence to show he is likely to prevail at a
hearing on the merits. 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);.
The threshold issue is whether Mr. Pinkham showed, to a reasonable degree of
medical certainty, that pulling himself up into his truck contributed more than 50% in
causing the need for medical treatment for his right shoulder, considering all causes. Id. §
50-6-102(12). As the panel-selected physician, Dr. Hutcheson’s causation opinion is
presumed correct unless rebutted by a preponderance of the evidence. Id. § 50-5-
102(12)(E).
Dr. Hutcheson diagnosed degenerative conditions and concluded the right-shoulder
labrum tear did not primarily arise from the alleged work injury. Mr. Pinkham presented
no proof to rebut the presumption.
Therefore, the Court finds that Mr. Pinkham is unlikely to prevail at a hearing on
the merits in his request for a second opinion or appointment of a neutral physician.
IT IS, THEREFORE, ORDERED as follows:
1. The Court denies Mr. Pinkham’s request for benefits.
2. This case is set for a Status Hearing on Monday, May 4, 2026, at 2:00 p.m. Eastern
Time. The parties must call (423) 634-0164 or (855) 383-0001. Failure to call may
result in a determination of the issues without the party’s participation.
1
The medical records do not address either surgery or a discharge from treatment.
2
ENTERED February 26, 2026.
_____________________________________
JUDGE AUDREY A. HEADRICK
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Affidavit of Mr. Pinkham
2. Medical records of Dr. Hutcheson
3. Dr. Hutcheson’s questionnaire responses to November 21, 2025 letter
4. Dr. Hutcheson’s questionnaire responses to January 30, 2026 letter
3
CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on February 26, 2026.
Name US Email Service sent to:
Michael A. Wagner, X maw@wagnerinjury.com
Employee’s Attorney
David Hatfield, X dhatfield@gdhatfieldlaw.com
Employer’s Attorney
/s/ Penny Shrum w/permission JD
______________________________________
Penny Shrum, Court Clerk
WC.CourtClerk@tn.gov
4
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.
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.
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 (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ 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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