The opinion
FILED
Jun 24, 2026
02:50 PM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT KNOXVILLE
LUIS AGUILAR, Docket No. 2025-30-4387
Employee,
v.
LUZ DARIELA HERNANDEZ State File No. 860197-2025
MALDNALDO dba BRANDON’S
CONSTRUCTION,
Employer. Judge Lisa A. Lowe
EXPEDITED HEARING ORDER DENYING BENEFITS
Luis Aguilar allegedly sustained a left-knee injury while working for Brandon
Construction. For the reasons below, the Court denies his request for benefits.
Claim History
Mr. Aguilar filed one petition for benefit determination alleging a November
15, 2024 date of injury, and a second petition alleging a May 8, 2025 date of injury.
This case involves Mr. Aguilar’s May 8, 2025 injury.
Mr. Aguilar testified that he injured his left knee on May 13, 2025, when he
slipped on a roof. He reported the injury to his supervisor, but Brandon Construction
did not offer medical treatment. Mr. Aguilar treated on his own and ultimately
underwent surgery. After Brandon Construction fired Mr. Aguilar, he could not
afford treatment and moved out of the area.
Mr. Aguilar asked for medical and temporary benefits. He introduced medical
records into evidence, but the Court sustained Brandon Construction’s objection
because they were not electronically signed. Tenn. Comp. R. & Regs. 0800-02-21-
.16(2)(b) (2026).
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Findings of Fact and Conclusions of Law
At an expedited hearing, Mr. Aguilar must show he would likely prevail at a
hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1) (2025); McCord v.
Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9
(Mar. 27, 2015).
An injury is accidental only if it is caused by a specific incident, or set of
incidents, arising primarily out of and in the course and scope of employment, and
is identifiable by time and place of occurrence. Tenn. Code Ann. § 50-6-101(12)(A).
Here, Mr. Aguilar did not identify a specific incident occurring on May 8,
2025. Instead, he emphatically testified that he hurt his left knee on May 13, 2025.
without proof of a specific incident on May 8, the Court finds Mr. Aguilar is not
likely to prevail at a hearing on the merits at this time.
IT IS, THEREFORE, ORDERED as follows:
1. The Court denies Mr. Aguilar’s request for benefits for injuries from an
alleged May 8, 2025 work injury.
2. The Court sets a Status/Scheduling Hearing on October 20, 2026, at 9:30
a.m. Eastern Time. The parties must call 855-383-0003 to participate.
ENTERED June 24, 2026.
____________________________________
JUDGE LISA A. LOWE
Court of Workers’ Compensation Claims
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APPENDIX
Exhibits:
1. Affidavit of Luiz Aguilar, filed May 11, 2026
2. Affidavit of Luiz Aguilar, translated 05/26/26
3. Request for Investigation
4. Expedited Request for Investigation Report
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CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on June 24, 2026.
Name Mail Email Service sent to:
Luis Aguilar, X X
Self-Represented
Employee
Nick Akins, X nakins@morganakins.com
David Goudie, dgoudie@morganakins.com
Employer’s Attorney
____________________________________
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.