Opinion

EILAND, STEPHEN v. LABOR FINDERS OF TENNESSEE

  • 2026 TN WC 67
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 15, 2026
Status
Published
On the bench
Lowe
Cited by
0 cases

The opinion

FILED

May 15, 2026

09:52 AM(ET)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT KNOXVILLE

STEPHEN EILAND, Docket No. 2026-30-0213

Employee,

v.

LABOR FINDERS OF

TENNESSEE, State File No. 20127-2025

Employer,

and

SUNZ INSURANCE COMPANY,

Carrier. Judge Lisa A. Lowe

EXPEDITED HEARING ORDER

Decision on the Record

Mr. Eiland injured his neck during a motor vehicle accident. Labor Finders

accepted the claim, authorized treatment with Dr. Patrick Bolt, and paid temporary

disability benefits. Later, Labor Finders suspended temporary benefits for non-

compliance with medical treatment. He asked the Court to order additional

recommended treatment and resumption of temporary benefits.

Claim History

Mr. Eiland was a passenger in a box truck delivering windows. The driver

struck a guardrail at approximately 55-60 miles per hour. Mr. Eiland felt pain in his

neck and reported the injury. Labor Finders authorized medical treatment.

Initially Mr. Eiland sought treatment with Dr. CAJ Johansson, who diagnosed

cervical strain and assigned restrictions. Later, he saw orthopedic physician, Dr.

Patrick Bolt, who ordered conservative treatment, including physical therapy. Dr.

Bolt continued restrictions of no overhead work, no outstretched arm, no lifting more

than five pounds frequently and 20 pounds maximum, and no

stooping/bending/twisting. Labor Finders could not accommodate these restrictions

1

and paid temporary partial disability benefits.

Mr. Eiland continued to have pain after physical therapy, so Dr. Bolt

recommended facet injections, which offered temporary relief, but his pain returned.

On October 22, 2025, Mr. Eiland saw a Nurse Practitioner at Dr. Bolt’s office who

recommended a medial branch block and if it gave him significant relief, he might

be a candidate for ablation. Dr. Bolt signed the note adopting the treatment plan. Mr.

Eiland did not provide medical records after that date.

Mr. Eiland asserted that Labor Finders did not approve the additional

treatment and terminated his temporary benefits on December 30, citing “claimant’s

whereabouts unknown - TTD paid through 12/30/25.” Mr. Eiland testified that Labor

Finders did not contact him about his location or his benefits.

Labor Finders argued that Mr. Eiland has a history of non-compliance, which

led to termination of his temporary benefits. It noted that Mr. Eiland only completed

a portion of the ordered physical therapy visits and did not appear for appointments

with Dr. Bolt on July 15 and September 17, visit. Further, in December 2025, Mr.

Eiland’s attorney advised that he was unable to contact his client. Based on Mr.

Eiland’s non-compliance with medical treatment and the inability to locate him,

Labor Finders terminated temporary benefits.

Following a request, the Court granted Labor Finders more time to depose Mr.

Eiland. The parties scheduled the deposition for May 7, but Mr. Eiland did not

appear. The order also set a May 13 deadline for the parties to supplement their

briefs.1

Findings of Fact and Conclusions of Law

At an expedited hearing, Mr. Eiland must show that he is likely to prevail at a

hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1) (2025); McCord v.

Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9

(Mar. 27, 2015).

1

On May 13, in addition to filing a supplemental brief, Labor Finders moved for sanctions,

including dismissal, and to the extend proof deadline. The Court will address that motion in a

separate order.

2

Medical Benefits

Tennessee Code Annotated section 50-6-204(a)(1)(A) provides, “The

employer . . . shall furnish, free of charge to the employee, such medical and surgical

treatment . . . made reasonably necessary by [the] accident[.]”

Here, Dr. Bolt’s office ordered the additional treatment that Mr. Eiland seeks

in October 2025. Due to the time since that treatment order, Labor Finders shall

authorize a return visit to Dr. Bolt to determine what treatment, if any, is currently

reasonable, necessary, and causally related to the work injury.

Temporary Disability Benefits

Labor Finders paid temporary benefits when Mr. Eiland complied with

treatment. Based on Mr. Eiland’s non-compliance and his attorney’s representation

that Mr. Eiland could not be found, Labor Finders terminated those benefits.

Tennessee Code Annotated Section 50-6-204(d)(7) states that if an injured employee

refuses to comply with treatment, his right to compensation shall be suspended and

no compensation shall be payable while the employee continues to refuse.

Mr. Eiland was non-compliant with medical treatment, did not provide an

updated address for temporary benefits, and temporarily ceased contact with his

attorney. Thus, he is not likely to prevail on the issue of resumption of temporary

benefits at this time.

IT IS, THEREFORE, ORDERED as follows:

1. Labor Finders shall authorize a visit with Dr. Bolt to determine what, if any,

reasonable, necessary, and causally related treatment Mr. Eiland currently

needs.

2. Mr. Eiland is not entitled to temporary benefits at this time.

3. The Court sets a Status/Scheduling Hearing on August 18, 2026, at 10:30

a.m. Eastern Time. The parties must call 855-383-0003 to participate.

4. Unless appealed, compliance must occur seven business days of entry of this

order as required by Tennessee Code Annotated section 50-6-239(d)(3).

3

ENTERED May 15, 2026.

____________________________________

JUDGE LISA A. LOWE

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Petition for Benefit Determination

2. Motion to Amend Dispute Certification Notice

3. Dispute Certification Notice

4. Hearing Request

5. Employee’s Brief in Support of Hearing Request

6. Family Care Specialists Medical Records

7. Dr. Patrick Bolt’s Medical Records

8. Notice of Change or Termination of Compensation Benefits

9. Rule 72 Declaration of Stephen Eiland

10.Employer’s Objection to Hearing Request

11.Employee’s Response to Employer’s Objection to Hearing Request

12.Order for On-The-Record Determination

13.Employer’s Motion to Reconsider Court Order

14.Employee’s Response to Motion to Reconsider Court Order

15.Order Denying Motion for Reconsideration

16.Docketing Notice on-the-Record Determination

17.Employer’s Motion for Extension of Time to File Pre-Hearing Statement

18.Agreed Order

4

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as shown on May 15, 2026.

Name Mail Email Service sent to:

Adam Brock-Dagnan, X adam.brockdagnan@forthepeople.com

Employee’s Attorney

Allen Grant, X agrant@hrslawga.com

Ryann Freemon, rfreemon@hrslawga.com

Employer’s Attorneys

____________________________________

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.

 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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