The opinion
FILED
May 22, 2026
01:14 PM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT CHATTANOOGA
Dylan K. Hudson, Docket No. 2025-10-5104
Employee,
v.
Coca Cola North American, State File No. 9253-2024
Employer,
And
Ace American Insurance Company, Judge Audrey Headrick
Carrier.
EXPEDITED HEARING ORDER
(Decision on the Record)
Mr. Hudson asked the Court to order Coca Cola to authorize left-hip treatment
recommended by orthopedist Dr. Todd Grebner. Coca Cola denied the treatment,
asserting that his left-hip condition did not arise primarily out of his employment.
For the reasons below, the Court holds Mr. Hudson is not entitled to the requested
treatment at this time.
Claim History
On January 22, 2024, Mr. Hudson, a truck driver, injured his right hip when
he exited his truck and stepped down off a ladder. He immediately experienced
groin and right-leg pain. Coca Cola accepted his claim and authorized treatment
with Dr. Grebner, who ultimately performed a hip replacement in March 2025.
Dr. Grebner testified about Mr. Hudson’s bilateral hip avascular necrosis,
which he identified as a preexisting condition. He explained that avascular necrosis
is the death of bone tissue caused by the lack of blood supply. Dr. Grebner identified
Mr. Hudson’s history of heavy drinking and smoking as factors that cause avascular
necrosis. He causally related the aggravation of Mr. Hudson’s right-hip condition
to the work injury, which accelerated and necessitated his hip replacement.
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Dr. Grebner also testified about Mr. Hudson’s left-hip condition, which he
first complained about in May 2025 after the right-hip replacement. He agreed that
Mr. Hudson’s right-hip surgery increased the stress on his left hip during
rehabilitation. Dr. Grebner said the rehabilitation “could have” aggravated the
preexisting condition. Likewise, Dr. Grebner said the rehabilitation “possibly
increased pain” with his left hip. Further, he said Mr. Hudson’s right-hip surgery
“could bring [the need for a left-hip replacement] about faster.”
Findings of Fact and Conclusions of Law
Mr. Hudson 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).
Mr. Hudson must show, to a reasonable degree of medical certainty, that his
work injury contributed more than 50% in causing the need for medical treatment
for his left-hip condition, considering all causes. Id. § 50-6-102(12). Likewise, an
aggravation of a preexisting condition is compensable only if “it can be shown to a
reasonable degree of medical certainty that the aggravation arose primarily out of
and in the course and scope of employment.” Id. Further, a compensable injury is
one that “in the opinion of the physician, is more likely than not considering all
causes, as opposed to speculation or possibility.” Id.
The 2013 Workers’ Compensation Reform Act “increased the burden to
establish causation from ‘could be’ to ‘contributed more than 50%.’” Edwards v.
Peoplease, LLC, No. W2024-01034-SC-R3-WC, 2025 Tenn. LEXIS 514, at *19-20
(Tenn. Dec. 22, 2025). Here, Dr. Grebner testified using language such as “could”
and “possibly,” which only offered uncertainty and speculation. His opinions did
not establish that Mr. Hudson’s work injury contributed more than 50% in causing
his left-hip aggravation. Id. at *28. Therefore, based on the present testimony, Mr.
Hudson is unlikely to prevail at a hearing on the merits in his request for left-hip
treatment.
IT IS, THEREFORE, ORDERED as follows:
1. The Court denies Mr. Hudson’s request for benefits at this time.
2. The parties shall appear for a status hearing on Wednesday, July 29, 2026, at
9:30 a.m. Eastern Time. The parties must call 423-634-0164 or 855-383-0001
2
to participate. Failure to call might result in a determination of the issues
without the party’s participation.
ENTERED May 22, 2026.
JUDGE AUDREY HEADRICK
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Mr. Hudson’s Rule 72 Declaration
2. Medical questionnaire signed by Dr. Grebner on September 12, 2025
3. Dr. Grebner’s office note dated August 14, 2025
4. Dr. Grebner’s response to July 24, 2025 letter
5. Dr. Grebner’s deposition
6. Mr. Hudson’s deposition
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on May 22, 2026.
Name Mail Email Service sent to:
Christopher Markel, X cmarkel@markelfirm.com
Employee’s Attorney jdickey@markelfirm.com
Doug Dooley, X Doug.dooley@leitnerfirm.com
Gary Napolitan, X Gary.napolitan@leitnerfirm.com
Wyatt Morrison, X Wyatt.morrison@leitnerfirm.com
X
Employer’s Attorneys Lisa.sizemore@leitnerfirm.com
____________________________________
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 *
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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