discussing indicia of witness credibility
How later courts described this case
- discussing indicia of witness credibility
Written by the judges who cited it.
The opinion
FILED
May 06, 2026
02:42 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
JEFFREY STEELE, Docket No. 2025-60-5712
Employee,
v.
DREAMLINER LUXURY State File No. 50166-2025
COACHES, LLC,
Employer,
and
ACCIDENT FUND INS. CO. OF Judge Allen Phillips
AMERICA,
Carrier.
EXPEDITED HEARING ORDER
At an expedited hearing on April 30, 2026, Mr. Steele requested medical and
temporary disability benefits for a back injury. Dreamliner agreed to pay the medical
bills if they determined them related after review, and it agreed to pay some of the
temporary benefits. Mr. Steele sought additional temporary benefits, but for the
reasons below the Court declines to award those at this time.
History of Claim
Mr. Steele was a tour bus driver. In June 2025, he inspected a bus, pre-tour,
and noted an extremely worn and faulty driver’s seat. He reported that to Dreamliner,
but the seat was not replaced before the tour began. Over the next two weeks, he
drove several thousand miles, and by July 17, his back and left-leg pain was so severe
that he visited a local chiropractor at a stop in Indiana. Spinal manipulation gave no
relief, so he went to a hospital.
There, both a CT scan and an MRI showed a herniated L5/S1 disc on the left,
and the providers told Mr. Steele to follow up with his personal physician when he
returned home. Mr. Steele reported to both the chiropractor and the hospital that the
1
seat caused his problems.
Mr. Steele was unable to continue the tour, so he returned home to Wisconsin
where he sought treatment on his own. Dreamliner denied Mr. Steele’s claim on
grounds that his injury did not primarily arise out of his employment.
Mr. Steele continued care. The limited records in evidence include a letter
from Dr. Kimberley Sabey, a primary-care physician. In a “to whom it may concern”
letter, she wrote: “In my opinion Mr. Steele’s acute back injury was likely a result
of or at least exacerbated by the broken bus driver’s seat.”
On September 4, Mr. Steele saw orthopedic surgeon Dr. Miranda Bice, who
said she was seeing him on Dr. Sabey’s referral. Dr. Bice found mild gait instability
and said it, and Mr. Steele’s back and leg pain, were consistent with the herniated
disc. Mr. Steele’s symptoms had “greatly improved” over the last month, and she
hoped that physical therapy would make him symptom-free. She said Mr. Steele
should remain off work and she would see him again in one month.
Despite its earlier denial, Dreamliner gave Mr. Steele a panel of physicians
that included Dr. Bice. Mr. Steele chose her for ongoing authorized treatment of his
spinal pain.
The only other record from Dr. Bice is a report dated February 16, 2026, in
which she wrote that Mr. Steele had no functional deficits and his pain had resolved.
She said Mr. Steele wanted to return to work full duty and that his “end of healing”
occurred on February 12. She told him to return as needed.
Dr. Bice wrote that Mr. Steele had “been very transparent since [their] first
meeting in that he is not wanting any kind of long-term restrictions[.]” Instead, he
just wanted to “get back to his usual routine” and is “only hoping to obtain coverage
for costs of medical care” and “missed wages.” Dr. Bice also included this statement:
“Primary causation relates his lumbar disc herniation and resulting symptoms” to
the faulty seat.
Mr. Steele testified that he has not worked since July 17 and he wants
temporary disability benefits from that date through February 12. He also offered
some medical bills and said he kept a spreadsheet showing that he paid $7,614.04 in
out-of-pocket medical expenses.
During cross-examination, Dreamliner’s counsel agreed to review the bills
2
and pay any that were related to treatment of the back injury. Dreamliner also agreed
to pay temporary disability from September 4, when Dr. Bice first saw Mr. Steele,
through February 12, when she released him. A wage statement will be prepared to
calculate the weekly rate.
However, Dreamliner maintained it owed no benefits from July 17 through
September 4 because no physician restricted Mr. Steele from work during that time.
Findings of Fact and Conclusions of Law
At this expedited hearing, Mr. Steele must prove that he is likely to prevail at
trial on his request for additional temporary disability benefits. Tenn. Code Ann. §
50-6-239(d)(1) (2025).
To recover those benefits, Mr. Steele must prove that he became disabled from
working due to a compensable injury, prove a causal connection between the injury
and his inability to work, and prove the duration of the period of disability. Lee v.
Allied Universal, 2026 TN Wrk. Comp. App. Bd. LEXIS 23, at *12 (Apr. 16,
2026).If any of those elements are absent, then Mr. Steele cannot recover benefits.
Id. at *13.
The Court finds Mr. Steele very credible. He was steady, self-assured and
reasonable, just as Dr. Bice described him. See Kelly v. Kelly, 445 S.W.3d 685, 694-
695 (Tenn. 2014) (discussing indicia of witness credibility). The Court believes him
when he says he was unable to work from July 17 through September 4. However,
an employee’s opinion about the medical cause of his condition, without supporting
expert medical proof, is insufficient to support an award of benefits. Anderson v.
City of Knoxville Dept. of Rec., 2026 TN Wrk. Comp. App. Bd. LEXIS 1, at *10
(Jan. 5, 2026). No medical records contain a restriction from work until Dr. Bice’s
September 4 record.
Thus, the Court holds Mr. Steele is not entitled to temporary disability benefits
from July 17 through September 4, 2026, at this time.
IT IS, THEREFORE, ORDERED as follows:
1. Dreamliner shall review Mr. Steele’s medical bills and either pay or
reimburse him for those related to treatment of his July 17, 2025 injury.
2. Dreamliner shall pay Mr. Steele temporary disability benefits from
3
September 4, 2025, through February 12, 2026, at a weekly rate to be
determined by a wage statement. Mr. Steele’s request for temporary
disability benefits for the period of July 17, 2025, through September 4,
2025, is denied at this time.
3. Dreamliner shall continue to furnish Mr. Steele with reasonable and
necessary medical treatment causally related to his back injury under
Tennessee Code Annotated section 50-6-204(a)(1)(a) (2025). Dr. Bice
remains the authorized physician.
4. The parties shall advise the Court within 30 days of any dispute regarding
the medical or temporary disability for prompt adjudication. If none arises,
a Status Hearing is set for Monday, August 31, 2026, at 9:30 a.m.
Central Time. The parties must call 855-543-5038 to participate.
5. Unless appealed, compliance must occur within seven business days of
entry of this order as required by Tennessee Code Annotated section 50-6-
239(d)(3).
ENTERED May 6, 2026.
__________________________________
JUDGE ALLEN PHILLIPS
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Medical record of Dr. Ian Boone, DC
2. Medical records of Indiana University Hospital-Fishers
3. Medical records of Dr. Miranda Bice
4. Letter from Dr. Amanda Sabey
5. Medical bills and insurance payment records
6. Wage Statement (late filed)
7. Screenshot of Mr. Steele’s report to Dreamliner regarding seat
4
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on May 6, 2026.
Name Mail Email Service sent to:
Jeffrey Steele, X X
Employee
Gordon Aulgar, X gordon.aulgur@afgroup.com
Employer’s Attorney christine.spear@afgroup.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.