The opinion
FILED
May 27, 2026
03:26 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
KELLY RAY Docket No. 2025-50-4092
Employee,
State File No. 61607-2024
v.
LEWIS BROS. BAKERY, INC. OF Judge Robert Durham
TN,
Employer,
And
ZURICH AMERICAN INS. CO.,
Insurer.
EXPEDITED HEARING ORDER GRANTING BENEFITS
Ms. Ray asked for a panel of orthopedists for left-knee treatment after her
original authorized doctor refused to treat her any longer. Lewis Brothers did not
file any evidence or argument opposing the request. For the following reasons, the
Court orders Lewis Brothers to submit a panel of orthopedists.
History of Claim
Ms. Ray was climbing down a ladder on August 23, 2024, when her foot
slipped, causing her to “skid down the ladder uncontrollably.” She landed on her
feet but experienced intense pain in her knees and legs, although the left knee was
much worse.
Lewis Brothers authorized treatment with orthopedist Robert Greenberg, who
recommended left-knee surgery within two months of the accident. For some reason
unexplained by the record, Ms. Ray did not have surgery.
Nearly a year later, Ms. Ray’s counsel wrote to Dr. Greenberg for his
causation opinion on both knees. Dr. Greenberg responded that he was “unclear” on
1
whether Ms. Ray’s right knee complaints were related to her work injury. In
addition, he recommended that she get a “second opinion or possibly a transfer of
care to a different orthopedic surgeon secondary to an ineffective doctor/patient
relationship and poor communication.” Later he confirmed that Ms. Ray should be
referred to a new orthopedist for consideration of left-knee surgery.
Law and Analysis
To obtain her requested relief, Ms. Ray must show a likelihood of prevailing
at a compensation hearing on treatment from a new orthopedist for her left-knee
injury. Tenn. Code Ann. § 50-6-239(d)(1) (2025).
Under section 50-6-204(a)(3)(H), treatment recommended by a panel-selected
physician is presumed medically necessary. Further, under section 50-6-
204(a)(3)(E), when the treating physician has referred the employee to another
specialist physician, the new doctor the employee chooses from a panel becomes the
employee’s treating physician.
Here, the undisputed facts establish that Dr. Greenberg is Ms. Ray’s treating
doctor, and he has referred her to another orthopedist for treatment. The Court holds
that Lewis Brothers must give Ms. Ray another panel of orthopedists from which
she may choose a new treating doctor.
IT IS ORDERED.
1. Lewis Brothers shall submit a panel of orthopedists from which Ms. Ray may
choose a new treating doctor. Lewis Brothers shall schedule an appointment
with the chosen doctor to address Ms. Ray’s injury.
2. This case is set for a status conference on July 1, 2026, at 1:30 p.m. Central
Time, 2:30 p.m. Eastern Time. The parties must call 615-253-0010 or 855-
689-9049 to participate. Failure to call might result in a determination of the
issues without the party’s participation.
2
ENTERED May 26, 2026.
____________________________________
JUDGE ROBERT DURHAM
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Ms. Ray’s Rule 72 declaration
2. Dr. Greenberg’s responses to letters from Ms. Ray’s counsel
3
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on May 26, 2026.
Certified
Name Email Service sent to:
Chris Markel X cmarkel@markelfirm.com
Gabi Jackson X gjackson@manierherod.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.
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]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082