Opinion

RAY, KELLY v. LEWIS BROS. BAKERY, INC. OF TN

  • 2026 TN WC 74
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 27, 2026
Status
Published
On the bench
Durham
Cited by
0 cases

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:

Mail

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

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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