The opinion
FILED
Mar 12, 2026
02:20 PM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT CHATTANOOGA
Randall Collins, ) Docket No. 2024-10-7878
Employee, )
v. )
Allsouth Appliance Group, Inc., ) State File No. 33527-2021
Employer, )
and )
Safety National Casualty Corp., ) Judge Thomas Wyatt
Carrier. )
EXPEDITED HEARING ORDER
(DECISION ON THE RECORD)
On March 11, 2026, the Court considered Randall Collins’s request for
authorization of a new pain management specialist because the authorized pain
specialist has no further treatment to offer. Allsouth countered that Mr. Collins is
not entitled to the requested relief because the specialist is still willing to treat him.
For the reasons below, the Court denies the requested relief.
History of the Claim
Mr. Collins injured his right knee at work in April 2021. Allsouth authorized
treatment with Dr. Jason Rogers, who performed knee-replacement and revision
surgeries. In April 2025, Dr. Rogers referred him to a pain specialist, and Mr.
Collins selected Dr. Scott Baker from a panel.
Dr. Baker treated Mr. Collins through October 21, 2025. At the last
appointment, Mr. Collins reported a pain level of seven when performing activities
and did not complain of side effects from prescribed medications. Dr. Baker
determined he was not a candidate for opioids, placed him at maximum medical
improvement, and wrote, “No further treatment recommended.” However, he did
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prescribe a steroid dose pack and an antidepressant, with no refills, and wrote,
“return visit request in/on 1 mo. +/- 2 days.”
Mr. Collins interpreted Dr. Baker’s note as a discharge and returned to Dr.
Rogers in April 2025. Dr. Rogers referred him to another pain specialist. Allsouth
did not authorize that treatment, arguing that Dr. Baker remains the authorized
treating pain specialist.
Findings of Fact and Conclusions of Law
To recover, Mr. Collins must show that he will likely prevail at a hearing on
the merits that Dr. Baker discharged him from treatment. Tenn. Code Ann. § 50-6-
239(d)(1) (2025).
Tennessee Code Annotated section 50-6-204(a)(3)(A)(ii) permits the treating
physician, Dr. Rogers, to make a referral for specialty care. Dr. Rogers made a pain
management referral that Allsouth complied with by providing a panel, and Mr.
Collins selected Dr. Baker. As for treatment with Dr. Baker, subsection
204(a)(3)(D)(ii) provides,
In all cases where the treating physician has referred the employee to a
[specialist physician, the specialist physician] to which the employee
has been referred, or selected from a panel provided by the employer,
shall become the treating physician until treatment by the [specialty
physician] concludes and the employee has been referred back to the
treating physician selected by the employee from the initial panel[.]
(Emphasis added).
In Cook v. Newton Nissan of Gallatin/Newton Ford, LLC, 2023 TN Wrk.
Comp. App. Bd. LEXIS 12, at *21-22 (Feb. 22, 2023), the employee sought care
from another pain specialist because the authorized pain specialist testified he could
not explain the employee’s ongoing pain and had done all he could. The authorized
pain specialist offered to refer the employee back to the previous treating physician
but also agreed to see the employee again to consider future treatment options.
Because of this agreement, the employer argued that the pain specialist continued to
be the authorized treating doctor.
The Appeals Board held that the dispositive issue was whether the referral
physician was qualified, willing, and able to treat the employee’s work injury in a
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timely manner. Under the above facts, the Board affirmed the trial court’s decision
that the employee was entitled to a new panel of pain specialists.
Here, unlike Cook, when Dr. Baker last saw Mr. Collins, he prescribed
medication and expected a return appointment in 30 days. This shows that Dr. Baker
did not refuse to treat him. Further, Dr. Baker did not refer Mr. Collins back to Dr.
Rogers as required to terminate a referral physician’s responsibility to treat an
employee. Finally, the Court does not interpret the statement in the report about no
further treatment recommendations as a discharge or refusal to treat, especially since
Dr. Baker prescribed medication and a return visit.
The referral statute mandates that Mr. Collins seek treatment for his pain from
Dr. Baker if he expects Allsouth to pay for it. That mandate will stay in place until
Dr. Baker refers him back to Dr. Rogers or declines to see him again. Thus, the
Court holds that Mr. Collins has not shown that he will prevail at a hearing on the
merits in proving that he has a right to change pain management specialists.
IT IS, THEREFORE, ORDERED as follows:
1. Mr. Collins’s request for authorization to change pain management physicians
is denied.
2. The parties shall appear for a status hearing on June 23, 2026, at 10:00 a.m.
Eastern Time/9:00 a.m. Central Time. They must call (615) 741-3061 or
(855) 747-1721 to participate. Failure to call might result in a determination
of the issues without the party’s participation.
ENTERED March 12, 2026.
_____________________________________
Judge Thomas Wyatt
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Affidavit of Randall D. Collins
2. Referral Order to Dr. Dreskin
3. Dr. Jason Rogers’s note of April 8, 2025
4. Pain Management Panel
5. Dr. Scott Baker’s note of October 21, 2025
6. November 10, 2025 email from Attorney Baker to Attorney Wagner
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CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on March 12, 2026.
Name Email Service sent to:
Mike Wagner X maw@wagnerinjurylaw.com
Employee’s Attorney
Fredrick R. Baker X fbaker@wimberlylawson.com
Employer’s Attorney bcopeland@wimberlylawson.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.
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 *
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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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