The opinion
FILED
Apr 17, 2026
10:19 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
DEXTER M. ELSBERRY, Docket No. 2025-80-7100
Employee,
v.
FEDEX, State File No. 57381-2025
Employer,
and
INDEMNITY INS. CO. OF N. AM., Judge Shaterra R. Marion
Carrier.
EXPEDITED HEARING ORDER
The Court held an expedited hearing on April 9, 2026. Mr. Elsberry sought
medical and temporary disability benefits. FedEx contended that Mr. Elsberry
already received all benefits due. For the reasons below, the Court holds that Mr.
Elsberry is not likely to prevail at a hearing on the merits in showing his entitlement
to benefits.
Claim History
Mr. Elsberry injured his back on August 7, 2025, while working at FedEx. He
chose Dr. James Escue from a panel. Dr. Escue diagnosed Mr. Elsberry with a
lumbar strain, ordered physical therapy, and returned him to work with restrictions.
At his final visit, Dr. Escue wrote that some of Mr. Elsberry’s pain complaints “do
not match with his diagnosis.”
A month later, Mr. Elsberry went to the hospital, where a doctor ordered a CT
scan. The scan showed mild degenerative disc disease and a disc bulge, and the
doctor recommended Mr. Elsberry contact Dr. Escue.
Six weeks later, Mr. Elsberry went to another hospital with “worsening back
pain.” An MRI showed a disc bulge but no acute abnormality. Mr. Elsberry wanted
back surgery, but the doctor found no “emergent indication” that would require
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surgery.
After these encounters, FedEx offered another panel, and Mr. Elsberry chose
Dr. John Brophy. He told Dr. Brophy he had pain in his back and buttocks that
extended into his legs. Dr. Brophy offered a steroid injection or continued
observation with activity modification and medication.
Mr. Elsberry asked for the injection. He went to have the injection with a
different doctor in the clinic. Mr. Elsberry refused the injection and demanded to see
Dr. Brophy because he had additional questions and developed intermittent
numbness in both legs since the last visit.
Dr. Brophy spoke with Mr. Elsberry and wrote that “based on his current
complaints, which have increased in severity,” he did not think Mr. Elsberry’s lower-
extremity symptoms resulted from his work accident and could not be explained by
the disc abnormality shown on the MRI. He recommended that Mr. Elsberry manage
his back pain “with a low-impact home endurance exercise program.”
Dr. Brophy told Mr. Elsberry to see his primary care physician and released
him to work without restrictions effective February 9, 2026. Dr. Brophy confirmed
in his final medical report that he placed Mr. Elsberry at maximum medical
improvement with a 0% rating.
Mr. Elsberry argued that he needs additional treatment. He also said that
because Dr. Brophy recommended injections, he should not have been placed at
maximum medical improvement.
Findings of Fact and Conclusions of Law
Mr. Elsberry must prove he is likely to prevail at a hearing on the merits on
his 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).
To recover medical benefits, Mr. Elsberry must show a physician found to a
reasonable degree of medical certainty that his work injury contributed more than
50% in causing his current need for medical treatment, considering all causes. Id. §
50-6-102(12).
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Mr. Elsberry did not meet this requirement, as Dr. Brophy ultimately
determined his work accident did not cause his current symptoms. Although Dr.
Brophy recommended a steroid injection, he changed his opinion on the medical
necessity of the injection when Mr. Elsberry relayed new symptoms that could not
be explained by his MRI results. So, Mr. Elsberry is unlikely to show at a hearing
on the merits that he is entitled to additional medical treatment.
The Court also denies Mr. Elsberry’s request for additional temporary
disability benefits. These benefits “are terminated either by the ability to return to
work or attainment of maximum recovery.” Jones v. Crencor Leasing and Sales,
2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015).
Here, Dr. Brophy stated that Mr. Elsberry reached maximum medical
improvement, and Mr. Elsberry gave no contrary proof. Therefore, his attainment of
maximum medical improvement ended his right to temporary disability benefits. Mr.
Elsberry is unlikely to prevail at a hearing on the merits on this request as well.
The Court sets a status conference for June 16, 2024, at 1:45 p.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.
IT IS ORDERED.
ENTERED April 17, 2026.
____________________________________
JUDGE SHATERRA R. MARION
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Rule 72 Declaration of Mr. Elsberry
2. Car Title Loan Agreement
3. DCS Permanency Plan
4. [For Identification Only] Transcript of Audio Recording between Mr.
Elsberry and Dr. Brophy
5. Emergency Room Visit #2
6. Chronology of Denial
7. Vehicle Repossession Records
8. AT&T Employment Email
9. Text messages between Mr. Elsberry and his coworker
10.Investigative Suspension Records
11.Panels Selecting Drs. Escue and Brophy
12.Medical Records filed by FedEx
13.Final Medical Report of Dr. Brophy
14.Rule 72 Declaration of Danielle Christoph
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CERTIFICATE OF SERVICE
I certify that I sent a copy of this Order on April 17, 2026.
Regular
Name Email Service sent to:
Dexter Elsberry, 7904 Briarwood Cove
Employee X X Bartlett, TN 38002
elsberrydexter@gmail.com
Stephen Miller, smiller@mckuhn.com
Joseph Baker, X jbaker@mckuhn.com
Employer’s Attorneys mdoherty@mckuhn.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.
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]
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