Opinion

MANUS HENRY, CHRISTINA v. FITZGERALD COLLISION & REPAIR, LLC

  • 2026 TN WC 78
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jun 4, 2026
Status
Published
On the bench
Durham
Cited by
0 cases

The opinion

FILED

Jun 04, 2026

02:47 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT COOKEVILLE

CHRISTINA MANUS HENRY, Docket No. 2025-40-3091

Employee,

v. State File No. 71026-2023

FITZGERALD COLLISION &

REPAIR, LLC, Judge Robert Durham

Employer,

And

AMTRUST GROUP,

Insurer.

EXPEDITED HEARING ORDER DENYING BENEFITS

Ms. Henry asked that Fitzgerald Collision pay for treatment of the venous

insufficiency in her left leg, which she asserted was aggravated by her work-related

knee replacement. For the reasons below, the Court denies her request.

History of Claim

On August 15, 2023, Ms. Henry suffered a work-related left-knee injury. She

came under the authorized care of orthopedist Michael Palk and underwent a knee

replacement. Afterward, Ms. Henry suffered from leg pain, swelling, and spasms

that she did not have before her surgery.

Dr. Palk referred Ms. Henry to a vascular specialist, and Fitzgerald authorized

treatment with Dr. Sina Iranmanesh. He noted her symptoms, and tests revealed

“severe reflux throughout the entirety of the great saphenous vein.”

Dr. Iranmanesh diagnosed venous insufficiency and said that the venous

reflux had “likely been present for quite some time, likely many years.” However,

he continued that since she had been “relatively asymptomatic” until after her

surgery, it was “reasonable to think that there is some exacerbation that has made

her venous symptoms appear in the forefront.” However, he did not believe the

1

insufficiency was a “direct cause or complication resulting from her surgery.” He

recommended further treatment, including an ablation of the saphenous vein.

Fitzgerald did not authorize treatment, so Ms. Henry’s counsel wrote to Dr.

Iranmanesh and asked if the venous insufficiency was “made symptomatic” by her

leg injury or her surgery. Dr. Iranmanesh marked “yes.” He further marked “yes”

to the question of whether the “anatomical changes” to Ms. Henry’s leg from her

injury and surgeries “aggravated” her venous insufficiency.

In response, Fitzgerald’s counsel wrote to Dr. Iranmanesh seeking

clarification. Dr. Iranmanesh agreed that Ms. Henry’s preexisting conditions, and

not her 2023 work injury, were more than 50% of the cause of her venous

insufficiency. He explained that “likely her venous insufficiency was present prior

to injury/surgery.”

Law and Analysis

To obtain her requested relief, Ms. Henry must show a likelihood of prevailing

at a compensation hearing that she is entitled to treatment for her venous

insufficiency. Tenn. Code Ann. § 50-6-239(d)(1) (2025). Dr. Iranmanesh made it

clear that Ms. Henry’s work-related knee injury and surgery did not cause her

preexisting venous insufficiency. However, Fitzgerald may still be responsible for

any aggravation of this condition, so long as the aggravation arose “primarily out of

and in the course and scope of employment.” Id. § 50-6-102(12)(A).

In Edwards v. Peoplease, LLC, No. W2024-01034-SC-R3-WC, 2025 Tenn.

LEXIS 514, at *26 (Tenn. Dec. 22, 2025), the Supreme Court analyzed the

compensability of an aggravation of a preexisting condition. It defined an

aggravation as “an intensification or worsening of a pre-existing disease, condition

or ailment, permanent or not, that contributes more than fifty percent in causing

death, disability or the need for medical treatment.”

Edwards further held that to prove a compensable aggravation, the employee

must establish “(1) that the work accident contributed more than fifty percent in

causing the aggravation, and (2) that the aggravation, which was caused by the work

accident, contributed more than fifty percent to disablement or the need for medical

treatment.” Id. at *27.

Here, the Court finds that Dr. Iranmanesh’s records do not adequately address

either element set out in Edwards. They do not answer whether Ms. Henry’s work

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injury “contributed more than fifty percent” in causing an aggravation of her venous

insufficiency or whether the aggravation “contributed more than fifty percent” in

creating disablement or the need for medical treatment.

Thus, the Court holds that Ms. Henry has not established she is likely to

prevail on causation at trial regarding the aggravation of her venous insufficiency.

IT IS ORDERED:

1. Ms. Henry’s request for additional medical treatment with Dr. Iranmanesh is

denied at this time.

2. This case is set for a status conference on July 1, 2026, at 8:30 a.m. Central

Time, 9:30 a.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.

ENTERED June 5, 2026.

____________________________________

JUDGE ROBERT DURHAM

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Ms. Henry’s Rule 72 Statement

2. Dr. Iranmanesh’s February 16, 2026 medical record

3. Dr. Iranamesh’s response to Ms. Henry’s questionnaire.

4. Dr. Iranamesh’s response to Fitzgerald’s questionnaire.

3

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent on June 5, 2026.

Name Email Service sent to:

Chris Markel X cmarkel@markelfirm.com

Noah Klinsky X naklinsky@mijs.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.

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

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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