The opinion
FILED
Mar 20, 2026
02:01 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
L’KESHIA WATSON, ) Docket No. 2025-80-4314
Employee, )
v. )
ACCENTCARE, INC., ) State File No. 860190-2025
Employer, )
and )
AIU INSURANCE COMPANY, ) Judge Shaterra R. Marion
Carrier. )
EXPEDITED HEARING ORDER
The Court held an expedited hearing on March 6, 2025. Ms. Watson requested
additional medical and temporary disability benefits for her work injury. AccentCare
denied the request for temporary benefits because it terminated Ms. Watson for
cause. AccentCare argued they have provided all medical treatment and agreed to
offer a panel of orthopedists.
For the reasons below the Court holds that Ms. Watson is entitled to additional
medical but not temporary benefits.
History of Claim
Ms. Watson injured her back and legs on June 5, 2025, when she fell while
moving a patient. After reporting the injury, AccentCare directed her to a clinic for
medical treatment. She was diagnosed with a lumbar sprain and placed on light duty
with restrictions from June 5 to July 18. AccentCare terminated Ms. Watson on June
10.
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On Ms. Watson’s last clinic visit in January 2026, she reported continuing
pain in her lower back. Shortly before the expedited hearing, AccentCare offered her
a panel of orthopedic physicians. To date, she has not selected one.
Eboni Kelly-Williams, the Senior Employee Relations Advisor for
AccentCare, testified by affidavit. She was involved in the decision to terminate Ms.
Watson effective June 10. She explained that if Ms. Watson were not terminated,
AccentCare could have accommodated her restrictions. In contrast, Ms. Watson
testified that a manager told her that AccentCare had no light-duty work.
Ms. Watson argued that AccentCare terminated her for filing a workers’
compensation claim.
However, the proof suggested Ms. Watson’s manager submitted a request to
terminate her on May 19—17 days before her injury. According to Ms. Kelly-
Williams, AccentCare decided to give Ms. Watson time to improve. AccentCare
presented documentation showing she demonstrated disruptive conduct on multiple
occasions in May, refused to see patients on June 3, and received a complaint from
one of their care facilities on June 3. All are violations of company policies in the
employee handbook. When her conduct failed to improve, AccentCare approved her
termination on June 5 and submitted the termination form on June 6.
Findings of Fact and Conclusions of Law
Ms. Watson must prove 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).
An injured worker is entitled to temporary partial disability benefits when the
temporary disability is not total. Tenn. Code Ann. § 50-6-207(1)-(2). Specifically,
“[t]emporary partial disability refers to the time, if any, during which the injured
employee is able to resume some gainful employment but has not reached maximum
recovery.” Barrett v. Lithko Cont., Inc., 2016 TN Wrk. Comp. App. Bd. LEXIS 70,
at *8-9 (Dec. 8, 2016). However:
[E]ven though an employee has a work-related injury for which
temporary benefits are payable, the employer is entitled to enforce
workplace rules. Thus, an employee’s termination due to a violation of
a workplace rule may relieve an employer of its obligation to pay
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temporary disability benefits if the termination was related to the
workplace violation.
Id.
Here, Ms. Watson argued that AccentCare terminated her for reporting a
workers’ compensation injury. While the timing of her termination raised some
question as to motive, the totality of the evidence showed that AccentCare had a
valid reason for her termination. She violated company policy before her date of
injury, and the initial request to terminate her predated the injury. Later reports
illustrated continued unacceptable conduct. Further, although she argued the
manager texted her that light-duty work was available, she offered no proof of this
exchange. She has not shown she is likely to prevail on this request.
Additionally, Ms. Watson sought medical benefits. She is still in pain and
needs medical treatment.
The Appeals Board has explained: “Unless a court terminates an employee’s
entitlement to medical benefits or approves a settlement in which the parties reach a
compromise on the issue of future medical benefits, an injured worker remains
entitled to reasonable and necessary medical treatment causally-related to the work
injury.” Limberakis v. Pro-Tech Sec., Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS
53, at *7 (Sept. 12, 2017).
An employee must accept medical benefits, provided that the employer has
offered a panel of physicians when an injured employee expresses a need for medical
care. Id. § 204(a)(3)(A). 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 give a panel of physicians. Hawes v. McLane Co., 2021
TN Wrk. Comp. App. Bd. LEXIS 30, at *9 (Aug. 25, 2021).
AccentCare has offered a panel of orthopedic physicians. Ms. Watson is
obligated to select one who will become the authorized treating physician.
Penalty Referral
AccentCare did not initially offer a panel but instead directed Ms. Watson to
the clinic.
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Tennessee Code Annotated section 50-6-118(9) authorizes penalties for an
employer’s failure to timely offer a panel of physicians. Rule 0800-02-01-.06(1) of
the Tennessee Compilation Rules and Regulations states that after “receipt of notice
of a workplace injury and the employee expressing a need for medical care, an
employer shall, as soon as practicable but no later than three (3) business days after
receipt of such request, provide the employee a panel of physicians[.]”
Subsection (2) of the rule states, “In the absence of evidence establishing a
defense, where the employer fails to provide an appropriate initial panel of
physicians to the employee within three (3) business days from the date the employer
has notice of a work-related injury and the employee expressed a need for medical
care, . . . the employer may be assessed a civil penalty[.]”
Here, Ms. Watson reported an injury that AccentCare accepted. However,
instead of offering her a physician panel, they directed her to the clinic for medical
treatment. The Court therefore refers AccentCare to the Compliance Program for the
assessment of penalties under 50-6-118(9).
IT IS THEREFORE ORDERED as follows:
1. Ms. Watson’s request for temporary partial disability benefits is denied.
2. AccentCare already offered Ms. Watson a panel of orthopedic physicians. Her
selection will become the authorized treating physician.
3. The Court refers AccentCare for penalties for violation of Tennessee Code
Annotated section 50-6-118(9).
4. The Court sets a status conference for May 4, 2026, at 10:30 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).
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ENTERED March 20, 2026.
_____________________________________
JUDGE SHATERRA R. MARION
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. L’Keisha Watson Affidavit
2. Eboni Kelly-Williams Affidavit
3. May 19, 2025 Email
4. Identification Only. AccentCare “Documented Discission Behavior/Conduct
Report
5. First Report of Injury
6. Employee’s Medical Records
7. Orthopedic Panel of Physicians
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on March 20, 2026.
Name Email Service sent to:
L’Keshia Watson, X ondatkeshia@gmail.com
Employee
Rhoberta Orsland, X rorsland@manierherod.com
Employer’s Attorney
Compliance Program X WCCompliance.Program@tn.gov
_____________________________
Penny Shrum, Clerk of Court
Court of Workers’ Compensation Claims
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]
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