The opinion
FILED
Apr 17, 2026
02:39 PM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT CHATTANOOGA
MARKUS VALENTINE, Docket No. 2025-10-5856
Employee,
v.
VOLKSWAGEN OF AMERICA, State File No. 52744-2024
INC.,
Employer,
And Judge Audrey Headrick
AMERICAN ZURICH INS. CO.,
Carrier.
EXPEDITED HEARING ORDER
Mr. Valentine, who disputed the validity of panels offered, requested
additional benefits that Volkswagen denied based on lack of medical causation. For
the reasons below, the Court holds Mr. Valentine is not entitled to relief.
Claim History
On June 17, 2024, Mr. Valentine hurt his back by pushing racks with rollers
containing heavy parts. Since he underwent a lumbar spine fusion in 2019,
Volkswagen initially directed him to see his own physician. Mr. Valentine saw a
nurse practitioner, who ordered a thoracic spine MRI. After receiving the MRI
report, Mr. Valentine contacted Josh Heffinger, Head of Workers’ Compensation.
Mr. Heffinger initiated the claim on June 25, and Mr. Valentine selected Dr. David
Tutor, Volkswagen’s in-house doctor, from a panel.
Mr. Valentine saw various nurse practitioners, including Susan Gasque, at the
in-house clinic. He received conservative care, including physical therapy, and
restrictions. The nurse practitioners consistently diagnosed mid-back or thoracic-
back pain. The records show no cervical complaints for pain, limited range of
motion, or tenderness to palpation.
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In early September, Mr. Valentine continued to report no improvement in his
symptoms. NP Gasque referred him to orthopedist Dr. Rickey Hutcheson, and Dr.
Tutor electronically signed off on the referral. Volkswagen neither objected to the
direct referral nor offered a panel.
Dr. Hutcheson diagnosed thoracic spondylosis and a thoracic-back sprain. He
ordered medication and physical therapy. He later ordered another thoracic-spine
MRI due to Mr. Valentine’s complaints of worsening back pain. After reviewing
the results, Dr. Hutcheson concluded that Mr. Valentine’s ongoing symptoms
primarily arose from his thoracic spondylosis. The records show Mr. Valentine
made no cervical complaints.
In October, Dr. Hutcheson placed Mr. Valentine at maximum medical
improvement for the work-related thoracic-back sprain and released him to return to
work full duty. He recommended that Mr. Valentine seek further treatment for his
thoracic spondylosis under his personal insurance. Mr. Valentine requested a second
opinion, but Dr. Hutcheson declined to recommend that.
Mr. Heffinger testified that Mr. Valentine contacted him multiple times
regarding his dissatisfaction with Dr. Hutcheson’s diagnoses and treatment. Mr.
Heffinger stated that Volkswagen offered Mr. Valentine a second opinion at his
request. From the panel offered, only Dr. Jay Jolley agreed to see him.
In the meantime, Mr. Valentine sought treatment on his own with multiple
doctors. He received conservative treatment for his thoracic condition. Mr.
Valentine reported having neck pain for the last nine to ten months that radiated
down his right arm.
Mr. Valentine saw Dr. Jolley on March 10, 2025, and reported cervical and
thoracic pain. He disclosed he sought conservative treatment for both conditions
with his own physicians. Dr. Jolley diagnosed a thoracic sprain, placed him at
maximum medical improvement, and released him to return to work full duty.
Mr. Valentine ultimately underwent cervical surgery in April with his own
doctor. Neither the authorized treating physicians nor his own doctors causally
related his cervical condition and the need for surgery to the June 17, 2024 work
injury.
Mr. Valentine stated that Volkswagen paid him when he worked restricted
duty from June 17, 2024, to November 1, 2024. After returning to full duty, he
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worked until November 18. Mr. Valentine received short-term disability until he
took a voluntary buyout.
Mr. Valentine requested that the Court appoint a neutral physician and award
him temporary disability benefits. He disputed the validity of the panels offered to
him and the direct referral made to Dr. Hutcheson. Mr. Valentine also asked for
temporary disability benefits from June 17, 2024, until March 17, 2026, when his
own doctor released him to full duty.
Volkswagen accepted the compensability of Mr. Valentine’s thoracic-spine
strain but objected to his requests, relying on Drs. Hutcheson’s and Jolley’s opinions.
Likewise, it argued he is not entitled to temporary disability benefits because it
accommodated Mr. Valentine’s restrictions until Dr. Hutcheson placed him at
maximum medical improvement.
Findings of Fact and Conclusions of Law
Mr. Valentine must prove a likelihood of prevailing at a hearing on the merits
that he is entitled to the requested 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).
The threshold issue is whether Mr. Valentine showed, to a reasonable degree
of medical certainty, that pushing heavy racks contributed more than 50% in causing
the need for medical treatment for his thoracic spondylosis and cervical spine,
considering all causes. Id. § 50-6-102(12). As the panel-selected physician, Dr.
Hutcheson’s causation opinion is presumed correct unless rebutted by a
preponderance of the evidence. Id. § 50-5-102(12)(E).
Dr. Hutcheson concluded the work-related thoracic-spine strain resolved. He
diagnosed thoracic spondylosis, a degenerative condition, and concluded Mr.
Valentine did not need further treatment for his work injury. Dr. Jolley agreed. Mr.
Valentine presented no proof to rebut the presumption afforded to Dr. Hutcheson.
Next, the Court considers Mr. Valentine’s assertions regarding the validity of
the panel offered. He argued it lacked validity because he never saw Dr. Tutor and
instead only saw nurse practitioners. Tennessee Compilation Rules and Regulations
0800-02-01-.06(7) (2018) permits nurse practitioners to treat employees under the
direction of a supervising physician, which includes making referrals to specialists.
The mere fact that he did not see Dr. Tutor does not invalidate the panel.
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When the panel-selected physician makes a referral to a specialist, the
employer shall be deemed to have accepted the referral, unless the employer
provides the employee with a panel of three or more independent reputable
physicians within three business days. Id. § 50-6-204(a)(3)(A)(ii). Volkswagen did
not object to the referral, so the direct referral to Dr. Hutcheson is valid.
Volkswagen chose to offer Mr. Valentine a second-opinion panel at his
request, but it was not required to do so. Tennessee Code Annotated section 50-6-
204(a)(3)(C) states, “[w]hen the treating physician . . . refers the injured employee,
the employee shall be entitled to have a second opinion on the issue of surgery and
diagnosis . . . from a panel of two (2) physicians practicing in the same specialty as
the physician who recommended the surgery.” (Emphasis added). The treating
physician must recommend surgery before it triggers the entitlement to a second
opinion on the issue of surgery and diagnosis. Petty v. Convention Prod. Rigging,
2016 TN Wrk. Comp. App. Bd. LEXIS 95, at *21 (Dec. 29, 2016).
In this case, Dr. Hutcheson did not recommend surgery. Instead, he stated
Mr. Valentine needed no additional treatment for the work-related thoracic-spine
strain and released him. Volkswagen authorized Mr. Valentine to see Dr. Jolley.
For that reason, the delay in receiving the second opinion does not entitle Mr.
Valentine to another opinion.
Mr. Valentine also asked the Court to appoint a neutral physician, asserting
lack of any medical opinion regarding causation. Tennessee Code Annotated section
50-6-204(d)(8) authorizes a court to appoint a neutral physician when a dispute
exists as to the injury. As previously stated, two medical opinions address causation.
No dispute exists regarding the compensability of the work-related thoracic-spine
strain. The Court declines to appoint a neutral physician.1
As to temporary total disability benefits, Mr. Valentine must show: (1) a
disability from working as the result of a compensable injury; (2) a causal connection
between the injury and the inability to work; and (3) the duration of the period of
disability. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd.
LEXIS 48, at *7 (Dec. 11, 2015). For temporary partial disability benefits, he must
show that Dr. Hutcheson returned him to work with restrictions that Volkswagen
either could not or would not accommodate. Id. at *7-8. Entitlement to temporary
1
Mr. Valentine referenced both an independent medical physician and a neutral physician. The
Court has no authority to order an employer to offer an independent medical evaluation.
4
disability benefits end when an employee reaches maximum medical improvement.
Id. § 50-6-207(2)(A).
Here, the proof showed that Volkswagen accommodated Mr. Valentine’s
restrictions and paid him until Dr. Hutcheson placed him at maximum medical
improvement. Dr. Hutcheson’s unrebutted testimony stated Mr. Valentine needed
no further treatment for the work injury. Mr. Valentine is not entitled to temporary
disability benefits for the time he saw his own doctors for his thoracic spondylosis
and cervical condition. Therefore, the Court finds that Mr. Valentine is unlikely to
prevail at a hearing on the merits in his request for temporary disability benefits.
Finally, the Court refers this case to the Compliance Program for
consideration of possible penalty assessments based on Volkswagen’s failure to
timely provide a panel when Mr. Valentine reported his injury on June 17, 2024. Id.
§ 50-6-118(a)(8)-(9).
IT IS, THEREFORE, ORDERED as follows:
1. The Court denies Mr. Valentine’s request for benefits.
2. This case is set for a Status Hearing on Wednesday, July 8, 2026, at 11:00
a.m. Eastern Time/10:00 a.m. Central Time. The parties must call (423)
634-0164 or (855) 383-0001. Failure to call may result in a determination of
the issues without the party’s participation.
3. This case is referred to the Compliance Program for consideration of a penalty
for Volkswagen’s failure to timely offer a panel.
ENTERED April 17, 2026.
JUDGE AUDREY HEADRICK
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Rule 72 Declaration of Mr. Valentine
2. Volkswagen injury packet
3. Medical records of CHI Memorial Family Practice Associates
4. Volkswagen medical clinic notes
5. Medical records of Dr. Hutcheson
6. Medical records of Dr. Jolley
7. Medical records of Chattanooga Bone and Joint
8. Progressive Health Functional Testing Medical History Questionnaire
9. Form C-42 signed and dated June 25, 2024
10.Dr. Tutor’s medical records
11.Referral order
12.Form C-42 (no signature or date)
13.Medical records of Parkridge Medical Group Spine Surgery Associates
14.Text messages (For identification purposes only)
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CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on April 17, 2026.
Name Mail Email Service sent to:
Markus Valentine, X X markcusvalentine@yahoo.com
Employee 1255 Blythe Ferry Road NE, Apt 6
Cleveland, TN 37312
Jeffrey Powell, X jeffrey.powell@gilsondaub.com
Employer’s Attorney
Compliance Program X WCCompliance.program@tn.gov
____________________________________
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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