The opinion
FILED
May 26, 2026
01:14 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
TIMOTHY DUCKETT, Docket No. 2025-80-4053
Employee,
v.
State File No. 23574-2025
MEMPHIS LIGHT GAS AND
WATER DIVISION,
Employer.
Judge Shaterra R. Marion
EXPEDITED HEARING ORDER DENYING BENEFITS
At a May 19 expedited hearing, Mr. Duckett sought medical and temporary
disability benefits for injuries from inhaling gas at work. MLGW argued that the gas
inhalation did not primarily cause his injuries. For the reasons below, the Court holds
that Mr. Duckett is not likely to show at a compensation hearing that his work
primarily caused his injuries.
Claim History
On March 31, 2025, a gas canister exploded at work, and Mr. Duckett inhaled
the sulfur hexafluoride (SF6). Paramedics put him in a containment suit and took
him to the hospital.
Mr. Duckett sought treatment on April 23. His symptoms included persistent
shortness of breath, chest pain, throat pain, and productive cough. Mr. Duckett
testified he did not experience any of these symptoms before the exposure. A thorax
CT scan taken a month after the accident showed “chronic appearing lung disease.”
Two doctors offered causation opinions. Dr. Scott Sinclair, an authorized
treating physician, but not one selected by panel, diagnosed Mr. Duckett with
sarcoidosis. When asked if, considering all causes, Mr. Duckett’s work injury more
than 50% contributed to his sarcoidosis, he answered: “Uncertain it can be related to
exposure to any kind of inhalant.” He may have included a period after “uncertain,”
which would cause his opinion to read: “Uncertain. It can be related to exposure to
any kind of inhalant.” He also stated Mr. Duckett had no pre-existing condition.
In a second opinion from Dr. Omotooke Babalola on the “relationship
between the exposure to SF6 and sarcoidosis,” she wrote that at his initial evaluation,
he had evidence of “ongoing chronic lung disease.” Also, it “remain[ed] unclear [to
her] if this [was] an [a]cute exacerbation of his underlying chronic disease or just
disease progression from untreated chronic sarcoidosis.” Dr. Babalola concluded
that “the correlation with occupational gas exposure remains impossible to
determine at this time.”
Findings of Fact and Conclusions of Law
Mr. Duckett must prove he would likely prevail at a compensation hearing.
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).
To recover medical benefits, Mr. Duckett must show a physician, to a
reasonable degree of medical certainty, found that his work injury contributed more
than 50% in causing his current need for medical treatment, considering all causes.
Tenn. Code Ann. § 50-6-102(12).
He has not done so. Dr. Sinclair’s causation opinion can be read one of two
ways. In the first reading, “Uncertain it can be related to exposure to any kind of
inhalant,” Dr. Sinclair is not sure if sarcoidosis could have been caused by any
inhalant whatsoever. In the second reading, “Uncertain. It can be related to exposure
to any kind of inhalant,” Dr. Sinclair is saying that any inhalant could cause Mr.
Duckett’s sarcoidosis. Under either reading, Dr. Sinclair does not definitively state
that the gas Mr. Duckett inhaled at work contributed at all, let alone primarily, to his
sarcoidosis.
Additionally, Dr. Babalola concluded that it is “impossible to determine” the
correlation between Mr. Duckett’s occupational gas inhalation at work and his
sarcoidosis. Although Dr. Babalola states this could be an acute exacerbation of his
underlying condition, she further explains it could be disease progression from
untreated chronic sarcoidosis.
Mr. Duckett has not offered any medical opinion showing to a reasonable
degree of medical certainty that his work injury contributed more than 50% in
causing his current need for medical treatment, considering all causes. Therefore, he
is not entitled to medical benefits.
As for temporary disability benefits, an injured worker is eligible if: “(1) the
worker became disabled from working due to a compensable injury; (2) there is a
causal connection between the injury and the inability to work; and (3) the worker
established the duration of the period of disability.” Jones v. Crencor Leasing and
Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015).
As stated above, Mr. Duckett did not show that he became disabled from a
compensable work injury, so he is not entitled to temporary disability benefits.
IT IS, THEREFORE, ORDERED as follows:
1. Mr. Duckett’s request for medical and temporary disability benefits is denied
at this time.
2. The Court sets a status conference for August 10, 2026, at 10:45 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 May 26, 2026.
____________________________________
JUDGE SHATERRA R. MARION
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Thorax CT Diagnostic Test
2. [For Identification Only] Concentra Medical Records Not Signed by a
Physician – filed by Mr. Duckett
3. Medical Records Filed by Mr. Duckett
4. [For Identification Only] Concentra Medical Records Not Signed by a
Physician – filed by MLGW
5. [For Identification Only] MLGW Memorandum On Respirator
6. [For Identification Only] Health Care Provider Approvals Not Signed by a
Physician
7. Health Care Provider Approval Signed by a Physician
8. [For Identification Only] MLGW Memo Dated 1/12/23
9. [For Identification Only] MLGW Memo – Respirator Evaluation Second
Request
10.[For Identification Only] MLGW Memo Dated 12/22/22
11.[For Identification Only] BMG Internal Medicine Clearance
12.[For Identification Only] Concentra Authorization Forms
13.Wage Statement
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on May 26, 2026.
Name Email Service sent to:
Scott Kramer, skramer@wenerlawfirm.com
Andrew Wener, awener@wenerlawfirm.com
X
Employee’s
Attorneys
Charles Mitchell, cmitchell@blackmclaw.com
X
Employer’s Attorney
____________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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