The opinion
FILED
Apr 27, 2026
09:24 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
KRISTINA ANDREW, Docket No. 2025-80-2643
Employee,
v.
ACCU REFERENCE MEDICAL, State File No. 8337-2025
Employer,
and
TECHNOLOGY INS. CO., Judge Shaterra R. Marion
Carrier.
EXPEDITED HEARING ORDER
The Court held an expedited hearing on April 14, 2026, where Ms. Andrew
sought benefits for injuries she suffered after a work altercation. Accu Reference
argued that she did not give proper notice. For the reasons below, the Court holds
that Ms. Andrew is not likely to show at a hearing on the merits that she gave proper
notice, so her request for benefits is denied at this time.
Claim History
On May 21, 2024, Ms. Andrew worked as a phlebotomist for Accu Reference
at a clinic. While speaking with the clinic owner about the improper disposal of a
urine sample, another employee, Ashley James, burst into the room. She accused
Ms. Andrew of blaming the mistake on her husband, another phlebotomist at the
clinic.
Ms. Andrew and Ms. James argued, and then Ms. James grabbed Ms. Andrew
by the throat, slammed her into the wall, and started scratching her. Ms. James’s
husband stopped Ms. James, and they both left.
1
Ms. Andrew called the police and reported the incident. She told the police
that Ms. James grabbed her by the throat and slammed her into the wall. She hit a
side table and said she could not breathe, and Ms. James’s husband had to pull her
off.
Ms. Andrew testified that she reported the incident to Trey Jamison, who she
believed was one of her supervisors.
Mr. Jamison testified that he does not work for Accu Reference but for
Frontier Health Solutions. He only represents Accu Reference in a sales capacity.
He stated his primary job duties include acquiring new accounts and supporting staff
at clinics to ensure they have all necessary supplies. He worked with Ms. Andrew as
a colleague but did not supervise her.
Mr. Jamison stated that he does not have hiring and firing power over Ms.
Andrew or anyone at Accu Reference. However, Ms. Andrew believed he hired her,
and she testified that he fired the last phlebotomist who worked for Accu Reference
at the clinic.
Ms. Andrew and Mr. Jamison texted on the night of the incident. She said:
“Ashley came into my office flipping out today and attacked me.” Mr. Jamison asked
if she was all right, and she replied, “Yes I’m ok. She didn’t punch or slap me. Just
tried strangling me while I was in my chair. Just a typical soap opera day in the
medical field lol.” Mr. Jamison did not tell anyone else at the time because Ms.
Andrew told him she was not injured.
Alisha Hubbard is a phlebotomy supervisor for Accu Reference and was Ms.
Andrew’s direct supervisor. Eight days after the incident, she asked Ms. Andrew
why she did not clock in for work, and Ms. Andrew texted, “[t]here is drama at the
clinic that the owner is working through.” Ms. Hubbard stated that Ms. Andrew did
not detail the “drama,” and Ms. Hubbard did not ask. Instead, she instructed Ms.
Andrew to “stay out of it.”
Ms. Andrew sought treatment on her own between May and December. She
texted Mr. Jamison in December asking if he could file a workers’ compensation
claim for her.1 He replied that she should contact human resources.
Both Mr. Jamison and Ms. Hubbard testified that the first time Ms. Andrew
told them she possibly got hurt during the May 21 incident was in December, when
1
Ms. Andrew sought to introduce several work status notes from a clinic. The Court took their
admissibility under advisement to inspect whether a physician signed the records. No physician
signed the records, so they are inadmissible.
2
she asked about filing the workers’ compensation claim. Ms. Hubbard stated she did
not even know Ms. Andrew was assaulted at work until December, because she only
knew of the incident as “drama.” She also did not learn of Ms. Andrew’s injury until
after Ms. Andrew filed her claim.
Ms. Andrew argued that Mr. Jamison was her supervisor and she timely
notified him of the incident. Accu Reference argued that Mr. Jamison is not its
employee and Ms. Andrew incorrectly notified him of an accident.
Findings of Fact and Conclusions of Law
Ms. Andrew must prove she would likely prevail at a hearing on the merits.
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 employee must give written notice to her employer upon the “occurrence
of an injury.” Tenn. Code Ann. § 50-6-201(a). Notice must be given within 15 days
of the accident and must include the nature and cause of the “accident resulting in
injury.” Id. § 50-6-201(c)(1) (emphasis added). Notice need not be given to an
employer who has “actual knowledge of the accident.” Id. § 50-6-201(a).
Here, the Court need not decide whether Mr. Jamison should be considered
Ms. Andrew’s supervisor. Even if he were, she did not give proper notice.
The Tennessee Supreme Court held that “an employee who relies upon
alleged actual knowledge of the employer must prove that the employer had actual
knowledge of the time, place, nature and cause of the injury.” Masters v. Indus.
Garments Mfg. Co., 595 S.W.2d 811, 815 (Tenn. 1980) (emphasis added). In
addition, “[f]or a communication to constitute either written notice or actual
knowledge on the part of the employer it must be calculated to reasonably convey
the idea to the employer that the employee claims to have suffered an injury arising
out of and in the course of her employment.” Id. at 816.
On the day of the incident, Ms. Andrews and Mr. Jamison texted. She
described the incident as Ms. James trying to strangle her, with no “punch or slap.”
Mr. Jamison asked if she was all right, and she said, “Yes I’m ok,” and “[j]ust a
typical soap opera day in the medical field lol.” Neither the words nor the tone of
her messages conveyed that she suffered an injury.
Eight days later, Ms. Hubbard learned of the incident as “drama at the clinic.”
Ms. Andrew at no time informed either Ms. Hubbard or Mr. Jamison that she had
been injured in the assault.
3
Ms. Andrew’s statement to the police was more detailed and described being
grabbed by the throat, slammed into a wall, and hitting a side table. However, no
proof showed that anyone at Accu Reference or Mr. Jamison ever saw the police
report. Further, both Mr. Jamison and Ms. Hubbard testified that Ms. Andrew first
told them she might have been injured during the incident in December, seven
months after it happened.
Because Accu Reference did not have actual notice of the incident, Ms.
Andrew had to give written notice within 15 days of its occurrence. She did not.
Thus, the Court finds Ms. Andrew is not likely to show at a hearing on the
merits that she gave proper notice of her alleged injury.
IT IS, THEREFORE, ORDERED as follows:
1. Ms. Andrew’s request for benefits is denied at this time.
2. The Court sets a status conference for June 22, 2026, at 11:15 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.
ENTERED April 27, 2026.
____________________________________
JUDGE SHATERRA R. MARION
Court of Workers’ Compensation Claims
4
APPENDIX
Exhibits:
1. Mileage Reports
2. Panel selecting Dr. Keith Caruso
3. Medical Records – Dr. Glenn Crosby
4. Medical Records – Dr. Cynthia Lucas
5. Affidavit of Ms. Andrew
6. Ms. Andrew’s responses to Accu Reference’s Interrogatories
7. Ms. Andrew’s responses to Accu Reference’s Requests for Production
8. Ms. Andrew’s responses to Accu Reference’s Requests for Admission
9. Work Activity Status Reports [For Identification Only]
10.Medical Records – Concentra
11.First Petition for Benefit Determination
12.Deposition of Ms. Andrew
13.Texts between Ms. Andrew and Mr. Jamison
14.Texts between Ms. Andrew and Ms. Hubbard
15. Police Statement by Ms. Andrew
16. Medical Records – Miscellaneous
17.Second Petition for Benefit Determination
18.Concentra work statutes notes [For Identification Only]
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on April 27, 2026.
Regular
Name Email Service sent to:
Steve Taylor, staylor@tcmfirm.com
X
Employee’s Attorney
Brayden Hunter, brhunter@mijs.com
X
Employer’s Attorney asharvey@mijs.com
____________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
5
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