The opinion
FILED
Apr 30, 2026
12:40 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
SPENCER KING, Docket No. 2024-20-8017
Employee,
v.
RENTOKIL NORTH AMERICA,
INC., State File No. 41030-2023
Employer,
and
ARCH INDEMNITY INSURANCE
CO., Judge Brian K. Addington
Carrier.
EXPEDITED HEARING ORDER
Spencer King sought an order for temporary partial disability benefits.
Rentokil argued that it paid Mr. King all the temporary benefits he was due. After
an expedited hearing on April 14 and 28, 2026, the Court denies Mr. King’s request.
Claim History
Mr. King worked as an account specialist for Rentokil and injured his leg at
work on April 5, 2023. Dr. Jonathan Bryant performed surgery and took him off
work from May 24 until September 26. Mr. King received temporary total disability
benefits during that time.
Dr. Bryant released Mr. King in September under a 15-pound light-duty
restriction. Rentokil offered Mr. King a light-duty position, but he refused because
he thought the job violated his restrictions. Also, he moved from Tennessee to North
Carolina for economic reasons and for family help in his recovery. He was unwilling
to return to light-duty with Rentokil in Tennessee because of the move.
Eventually, Dr. Bryant performed a second surgery and released him with 20-
1
pound light-duty restrictions on November 20, 2025. After the second surgery, Mr.
King received long-term disability payments ending on December 17.
Mr. King sought work in North Carolina after the payments ended but was
unable to find any that he felt fit his restrictions until February 27, 2026. He
requested temporary disability benefits from December 17, 2025, until February 27,
2026.
Rentokil argued Mr. King was not entitled to the requested benefits because
it could have accommodated the restrictions and he was unwilling to travel to
Tennessee for the light-duty position.
Findings of Fact and Conclusions of Law
Mr. King must show he is likely to prevail on his request for temporary partial
disability benefits 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).
Temporary partial disability refers to the time, if any, during which the injured
employee can resume some gainful employment but has not reached maximum
recovery. Frye v. Vincent Printing Co., 2016 TN Wrk. Comp. App. Bd. LEXIS 34,
at *15-16 (Aug. 2, 2016). This Court must consider all relevant circumstances when
deciding whether an employee is entitled to temporary partial disability benefits.
Smith v. TrustPoint Hosp., LLC, 2021 TN Wrk. Comp. App. Bd. LEXIS 1, at *24
(Jan. 6, 2021).
Mr. King did not accept light-duty work after his first surgery because he felt
it violated his restrictions. He then moved to North Carolina for personal reasons
and had a second surgery. When his long-term disability ended, he asked Rentokil
for more temporary partial disability benefits. Ultimately his reason for not accepting
work was that he no longer lived in Tennessee—a personal reason—not his
restrictions.
Therefore, considering all relevant circumstances, Mr. King has not shown he
is likely to prevail at a hearing on the merits.
2
IT IS ORDERED as follows:
1. Mr. King’s claim for temporary disability benefits is denied.
2. Rentokil shall continue to furnish Mr. King reasonable and necessary medical
treatment casually-related to his work injury under Tennessee Code
Annotated section 50-6-204(a)(1)(A).
3. A status hearing is set for May 27, 2026, at 10:30 a.m. Eastern. The parties
must call 855-543-5044 to participate.
ENTERED April 30, 2026.
Brian K. Addington
____________________________________
JUDGE BRIAN K. ADDINGTON
Court of Workers’ Compensation Claims
APPENDIX
Exhibits1
1. Affidavit of Spencer King
2. Wage Statement
3. Medical bills- Spectrum Medical
4. Prescription bills
5. Correspondence by Dr. Jonathan Bryant
6. Medical records Watauga Orthopedics
7. Medical records-HMG
8. Medical records-Appalachian Orthopedics
9. Medical records-Spectrum Medical
10. Photographs (Collective)
11. Emails
12. Text messages (Collective)
13. Utilization Review
14. Written discovery
1
Rentokil objected to several exhibits on relevance grounds. The Court took the objections under
advisement and overrules the objections.
3
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent on April 30, 2026.
Name Email Service sent to:
Spencer King, X
Employee
Sarah Best, X shbest@mijs.com
Employer’s Attorney clbailey@mijs.com
____________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
4
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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