The opinion
FILED
Mar 17, 2026
07:16 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
TAYLOR GOCKENBACH,
Employee, Docket No. 2025-20-4054
v.
UNIVERSITY HEALTH SYSTEMS,
INC.,
Employer, State File No. 29625-2025
and
THE HARTFORD ACCIDENT and
INDEMNITY, Judge Brian K. Addington
Carrier.
EXPEDITED ORDER
At an expedited hearing on February 27, 2026, Ms. Gockenbach sought
medical and temporary disability benefits. University argued untimely notice.
Because Ms. Gockenbach reported a cumulative trauma injury within 15 days after
she knew or reasonably should have known she suffered a work injury, the Court
finds she is likely to succeed on medical benefits at a final hearing. However,
because University could have accommodated her work restrictions, her request for
temporary disability benefits after August 8, 2025, is denied.
Claim History
Ms. Gockenbach worked 12-hour shifts as a nurse technician two to three days
a week. Her job required lifting and turning patients and carrying food trays. Her
average weekly wage was $385.75.
After months of work, Ms. Gockenbach noticed that her right shoulder, neck,
and back hurt at work but not at home. By February 2025, her arm also hurt at home
but was worse at work. On February 17, she felt tingling in her right arm after
moving a patient. Though the pain gradually worsened, she worked her normal
shifts.
On April 9, Ms. Gockenbach went to an orthopedic walk-in clinic and reported
worsening pain for two weeks. An MRI showed a large labral tear, and on April 25,
Dr. Michael Kern confirmed the labral tear, recommended surgery, and assigned
light duty restrictions. Her supervisor testified that University could have
accommodated her restrictions.
On April 29, four days after Dr. Kern diagnosed a labral tear, Ms. Gockenbach
reported her injury to University and chose University of TN-Occupational Health
from a panel of physicians. About a week later, she saw a nurse practitioner there
who noted Ms. Gockenbach experienced pain and tingling after pulling a patient up
in bed, but during examination, complained only of pain and no tingling. After
reviewing the MRI results, the nurse referred her back to Dr. Kern.
Dr. Kern performed surgery and took Ms. Gockenbach off work from May
16, the date of surgery, until August 8 and imposed lifting restrictions. The last date
for restrictions was September 19, but Dr. Kern noted she was not yet at maximum
medical improvement. Ms. Gockenbach has not worked since her surgery.
Ms. Gockenbach asserted she did not know she was permanently injured until
she saw Dr. Kern and was excused from giving notice until then. University
countered that she knew of an acute injury on February 17 and should have given
notice then. University relied on Yeoman v. Transwood Logistics, Inc. 2025 TN Wrk.
Comp. App. Bd Lexis 57 (Nov. 13, 2025) to argue that an employee's lack of
understanding of the seriousness of her injury does not excuse the notice requirement
when involved in a sudden, traumatic accident at work like Ms. Gockenbach had on
February 17.
Findings of Fact and Conclusions of Law
Ms. Gockenbach must show she would likely prevail at a hearing on the
merits. Tenn. Code Ann. § 50-6-239(d)(1) (2025).
Specifically, Ms. Gockenbach must show she suffered an “injury by accident”
that caused the need for medical treatment. Id. § 50-6-102(12). Further, an injury is
“accidental” only if it “is caused by a specific incident, or set of incidents, arising
primarily out of and in the course and scope of employment, and is identifiable by
time and place of occurrence.” Id. § 50-6-102(A).
Ms. Gockenbach testified to repetitive lifting with associated pain at work that
waned when she was off work. Further, Dr. Kern confirmed in his notes on April 25
that she suffered a repetitive injury at work which caused a SLAP tear to her left
shoulder.
An employee must notify her employer of a cumulative trauma injury within
15 days from the date she knows or reasonably should know she suffered an injury
that resulted in permanent physical impairment or became unable to perform her
normal work activities. Id. § 50-6-201(b)(1)(2).
Although University argues that Ms. Gockenbach suffered an acute injury, Dr.
Kern said she suffered a cumulative injury. University’s reliance on Yeoman is
misplaced. In that case, employee slipped when exiting a truck rather than
experiencing cumulative trauma.
Ms. Gockenbach’s pain began when she was at work and waned when she
did not. She was sore from repetitive work activities and a specific activity on
February 17 that also caused tingling. Eventually, after continuing work, her pain
worsened, but the tingling went away. The Court finds that Dr. Kern diagnosed her
labral tear on April 25 and later noted the injury was cumulative. Based on Dr.
Kern’s opinion, which is the only expert opinion, the Court finds that Ms.
Gockenbach should have known she suffered an injury causing impairment when
Dr. Kern diagnosed the tear on April 25. She provided notice four days later on April
29, well within the 15-day notice requirement.
Because the authorized provider referred Ms. Gockenbach to Dr. Kern and
University did not object within three days, Dr. Kern is the authorized provider until
he refers Ms. Gockenbach back to University of TN-Occupational Health. Id. § 50-
6-204(a)(3)(A)(i) & (E).
Regarding temporary disability benefits, Ms. Gockenbach must show she
became disabled due to a compensable injury, a causal connection between the
injury and her inability to work, and the duration of her disability. Jones v. Crencor
Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015).
Ms. Gockenbach worked until her surgery, and her average weekly wage was
$385.75. Dr. Kern took her off work from May 16 to August 8, which represents 12
weeks and one day. So, she is entitled to $3,122.78 in temporary total disability
benefits for that period. Although he imposed restrictions after that date, Ms.
Gockenbach has not looked for work, and University had work she could perform.
So, she is not likely to succeed at a final hearing on temporary partial disability
benefits after August 8.
It is ORDERED, AS FOLLOWS:
1. Ms. Gockenbach is entitled to past and ongoing medical benefits with Dr.
Kern, who is designated the authorized physician.
2. University shall pay past temporary total disability benefits of $3,122.78
for May 16 to August 8, 2025.
3. This case is set for a status hearing on Thursday, April 23, 2026, at 1:00
p.m. Eastern Time. The parties must dial 855-543-5044 to participate.
Failure to call may result in decisions without your participation.
4. Unless appealed, compliance must occur within seven business days of
entry of this order as required by Tennessee Code Annotated section 50-6-
239(d)(3).
ENTERED March 17, 2026.
Brian K. Addington
JUDGE BRIAN K. ADDINGTON
Court of Workers’ Compensation Claims
Exhibits:
1. Affidavit of Taylor Gockenbach
2. Wage Statement
3. Physician Panel
4. UT Medical Center Team Member Event Form
5. Job description
6. Notice of Denial
7. Medical records from University of Tennessee Occupational Health
8. Medical records from Knoxville Orthopedic Clinic
9. Medical records from Ortho of Tennessee-Therapy
10. C-32 Dr. Michael Kern 1
11. First Report of Injury
1
University objected to the C-32. The Court overrules the objection and allows the C-32 as a
signed medical record under the holding in Mosley v. HG Staffing, LLC, 2021 TN Wrk. Comp.
App. Bd. LEXIS 18. (June 25, 2021).
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on March 17, 2026.
Cert. Reg.
Name Email Service sent to:
Mail Mail
Capp Taylor, capptaylor@aol.com
X
Employee’s Attorney
Leslie Bishop, lbishop@lewisthomason.com
Employer’s Attorney X rlee@lewisthomason.com
swaltman@lewisthomason.com
______________________________
PENNY SHRUM, COURT CLERK
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