The opinion
FILED
Mar 30, 2026
07:24 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
TRAVIS GRAY, Docket No. 2024-20-3513
Employee,
v.
LECLERC FOODS USA
INCORPORATED, State File No. 10267-2023
Employer,
and
GREAT AMERICAN ALLIANCE
INSURANCE COMPANY, Judge Brian K. Addington
Carrier.
EXPEDITED ORDER
Travis Gray sought an order to replace Dr. Jody Helms on a neurosurgeon
panel or for treatment from the Shepherd Center or Vanderbilt. Leclerc argued that
Mr. Gray did not have valid grounds to exclude Dr. Helms from the panel. After an
expedited hearing on March 24, 2026, the Court denies Mr. Gray’s request.
Claim History
Leclerc did not initially honor a neurosurgeon referral due to a causation
dispute. But eventually, Leclerc furnished two neurosurgeon panels that Mr. Gray
rejected because doctors were affiliated in practice or not all the doctors were
neurosurgeons. However, Leclerc then offered a third panel with three
neurosurgeons not affiliated in practice.
Yet Mr. Gray rejected the third panel, too, since it contained Dr. Helms, whom
Mr. Gray believes has a conflict of interest. Dr. Helms practices at Highlands
Neurosurgery, which performed some of Mr. Gray’s previous diagnostic testing.
And Mr. Gray was originally referred there, but Leclerc refused to authorize the
referral at the time because of the causation dispute.
Mr. Gray requested Dr. Helms’ replacement on the panel or an order for
treatment at Shepherd Center or Vanderbilt. Leclerc argued that the panel was
proper.
Findings of Fact and Conclusions of Law
To obtain the requested benefits, Mr. Gray must show a likelihood of proving
at a hearing on the merits that he is entitled to a new panel. 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).
Under Tennessee Code Annotated Section 50-6-204(a)(3)(A)(i), the employer
provides a panel but chooses the doctors on the panel. Patterson v. Prime Package
& Label Co., LLC, No, M2013-01527-WC-R3-WC, 2014 Tenn. LEXIS 1037, at *6
(Tenn. Workers’ Comp. Panel Dec. 22, 2014).
Here, Mr. Gray objected to Dr. Helms being on the panel, but his assertions
are personal in nature and not about qualifications. He is unlikely to succeed at a
hearing on the merits in replacing Dr. Helms on the panel. Also, because no
physician has directly referred him to the Shepherd Center or to Vanderbilt, the
Court denies his request to order treatment at one of those facilities.
THEREFORE, it is ORDERED AS FOLLOWS:
1. Mr. Gray’s request for a new panel and treatment at the Shepherd’s Clinic
or Vanderbilt is denied.
2. The parties are required to attend a telephonic status hearing on June 4,
2026, at 10:00 a.m. Eastern Time. The parties shall call 855-543-5044
to attend.
ENTERED MARCH 30, 2026.
Brian K. Addington
_____________________________________
JUDGE BRIAN K. ADDINGTON
Court of Workers’ Compensation Claims
Appendix
Exhibits:
1. Affidavit of Travis Gray (March 2, 2026)
2. Affidavit of Travis Gray (March 13, 2026)
3. Employee’s Choice of Physician Medical Panel (Collective)
4. Medical Records-Ballad Health
5. Medical Records-HMG Urgent Care
6. Dr. John Phillip’s Referral Order (September 14, 2023)
7. Dr. John Phillip’s Referral Order (May 8, 2025)
8. Dr. John Phillip’s Referral Order (August 14, 2025)
9. Medical Records-Associated Neurologists of Kingsport
10. Dr. Paul Birinyi’s Independent Medical Examination Report
11.Correspondence by Dr. Ken Smith
12. Rule 72 Declaration of Jim Nash
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on March 30, 2026.
Name Email Service sent to:
Frank Slaughter, flsjrlaw@yahoo.com
X
Employee’s Attorney
Connor Sestak, csestak@morganakins.com
Employer’s Attorney X nakins@morganakins.com
plunny@morganakins.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