Opinion

Antunez, Christian Torres v. MG Dyess, Inc.

  • 2026 TN WC App. 33
Court
Tennessee Workers' Compensation Appeals Board
Filed
Jun 29, 2026
Status
Published
On the bench
Conner, Godkin, Weaver
Cited by
0 cases
Authority
More cited than 41.1%

The opinion

FILED

Jun 29, 2026

01:12 PM(CT)

TENNESSEE

WORKERS' COMPENSATION

APPEALS BOARD

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

WORKERS’ COMPENSATION APPEALS BOARD

Christian Torres Antunez Docket No. 2025-80-2021

v. State File No. 860087-2025

MG Dyess, Inc., et al.

Appeal from the Court of Workers’ Heard June 9, 2026

Compensation Claims in Nashville

Lisa A. Lowe, Judge

Affirmed as Modified and Remanded

In this interlocutory appeal, the employer asserts the trial court erred in concluding the

employee is likely to prevail at trial in establishing entitlement to workers’ compensation

benefits despite having obtained employment using a false identity. The employer argued

it would not have hired the employee had it known he was not authorized to work in the

United States and, therefore, there was no valid contract of hire. The employee responded

that the plain language of the statute entitled him to benefits despite his use of a false

identity. In ordering benefits, the trial court declined to expand the misrepresentation

defense to include identity fraud, and the employer has appealed. Having carefully

reviewed the record, we affirm the trial court’s order and remand the case.

Judge Pele I. Godkin delivered the opinion of the Appeals Board in which Presiding Judge

Timothy W. Conner and Judge Meredith B. Weaver joined.

Sarah H. Best, Knoxville, Tennessee, for the employer-appellant, MG Dyess, Inc.

Michael C. Beehan, Clinton, Tennessee, for the employee-appellee, Christian Torres

Antunez

Factual and Procedural Background

Christian Torres Antunez (“Employee”) applied for work as a laborer with MG

Dyess, Inc. (“Employer”) using an identity that was not his. Specifically, Employee

completed a written application for employment listing another person’s name, date of

1

birth, address, and social security number. 1 Employee was hired under the false identify

and later suffered serious injuries on March 17, 2025, when a trench in which he was

working collapsed, burying him up to his shoulders in mud and pinning his chest against a

section of a pipe beneath the mud. A coworker dug Employee out of the collapsed trench

and a supervisor drove him to Fort Sanders Regional Medical Center. Once there,

Employee again provided his false identity to obtain medical treatment for various

complaints and was diagnosed with four broken ribs. Employee returned to the hospital

on March 19, reporting bilateral knee pain and low back pain, then again on March 25,

with reports of back and jaw pain.

On March 31, Employee filed a petition for benefit determination (“PBD”) seeking

medical benefits, including a panel of physicians, and attorney’s fees. Employer denied

the compensability of Employee’s claim, citing as support his misrepresentation of identity

and fraud. 2 A June 3 dispute certification notice identified the disputed issues as

compensability, medical benefits, and temporary disability benefits.

Employee returned home to Texas and sought unauthorized medical treatment for

his right knee and low back using the same false identity he had used to obtain

employment. 3 He saw Dr. A. Dushi Parameswaran, an orthopedic surgeon, who diagnosed

and surgically repaired a meniscus tear in Employee’s right knee. Employee underwent

physical therapy post-surgery and was released from treatment for his knee on October 31,

2025.

Employee then sought treatment for his low back with Dr. Rubin S. Bashir in July

2025, who diagnosed Employee with a lumbar disc herniation and associated

radiculopathy. He initially provided conservative treatment, including multiple injections

but, due to Employee’s lack of improvement, later recommended surgery.

On October 27, Employee filed a request for an expedited hearing asking the court

to compel Employer to provide temporary disability and/or medical benefits. In a February

10, 2026 expedited hearing order, the court granted Employee’s request for medical

benefits and referred Employer for a potential penalty for its failure to timely provide a

panel of physicians. The trial court concluded that Employee’s misrepresentation of his

identity “does not void” his status as an employee given the statutory definition of

“employee” contained in Tennessee Code Annotated section 50-6-102, which includes the

1

Employee used the identity of a real individual with a valid social security number who is legally able to

work in the United States. Employer utilized the E-Verify® process to confirm the individual’s identity and

that he was able to legally work in the United States.

2

Employer asserts it was unaware Employee was using a false identity until the PBD was filed.

3

From our review of the record, there is no indication that Employer provided a panel of physicians prior

to Employee’s return to Texas.

2

language “whether lawfully or unlawfully employed.” The court also determined that the

misrepresentation defense is not applicable because Employee’s misrepresentation did not

concern his physical condition. The court noted that Employer “did not establish a causal

connection between [Employee’s] false identity and the trench collapse.” Although the

trial court ordered Employer to authorize additional medical treatment, it did not order the

payment of past medical expenses, temporary disability benefits, or attorney’s fees and did

not address Employer’s request that it be relieved of its obligation to pay medical bills on

behalf of Employee that were not issued in Employee’s real name. Employer has appealed,

and we held oral argument on June 9, 2026.

During oral argument, Employer reiterated its assertion that no valid contract of hire

existed because the “purported ‘hire’ was procured through identity fraud and was

therefore void ab initio; without a valid contract, the workers’ compensation system is not

implicated.” Employer asserted that fraud rendered the contract void and that the trial court

did not properly analyze the elements of contract formation. Employer also contends that

the misrepresentation defense, which it described as a judicially-created doctrine, should

be expanded to include circumstances in which an injured worker is shown to have

fraudulently obtained the employment at which he was injured. Finally, Employer asked

that we clarify that, under any circumstances, Employer will only be responsible for paying

medical bills issued in Employee’s real name to prevent it from being compelled to

participate in Employee’s identity fraud. Employee responded that the plain language of

the statute encompasses employees who are not legally employed. Thus, Employee argued,

the trial court was correct in concluding Employee is entitled to workers’ compensation

benefits for his work-related injuries regardless of whether he was authorized to work in

the United States or provided false identification. Employee further asserts that any

expansion of the misrepresentation defense must come from the Tennessee Supreme Court

or the General Assembly. Finally, Employee asserted that the trial court’s order clearly

awarded medical benefits only in Employee’s legal name, and not in the name of his false

identity, and thus payment of those medical benefits is not at issue.

Standard of Review

The standard we apply in reviewing a trial court’s decision presumes that the court’s

factual findings are correct unless the preponderance of the evidence is otherwise. See

Tenn. Code Ann. § 50-6-239(c)(7) (2025). When the trial judge has had the opportunity

to observe a witness’s demeanor and to hear in-court testimony, we give considerable

deference to credibility determinations made by the trial court. Madden v. Holland Grp.

of Tenn., Inc., 277 S.W.3d 896, 898 (Tenn. 2009). However, “when it comes to deposition

testimony, an appellate panel is in the same position as the trial court to make credibility

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

LEXIS 514, at *18 (Tenn. Dec. 22, 2025). Thus, when medical proof is presented by

deposition, “the reviewing court may draw its own conclusions about the weight and

credibility of the expert testimony.” Id. Moreover, the interpretation and application of

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statutes and regulations are questions of law that are reviewed de novo with no presumption

of correctness afforded the trial court’s conclusions. See Mansell v. Bridgestone Firestone

N. Am. Tire, LLC, 417 S.W.3d 393, 399 (Tenn. 2013). We are also mindful of our

obligation to construe the workers’ compensation statutes “fairly, impartially, and in

accordance with basic principles of statutory construction” and in a way that does not favor

either the employee or the employer. Tenn. Code Ann. § 50-6-116 (2025).

Analysis

On appeal, Employer asserts the trial court erred in concluding Employee is likely

to prevail at trial in establishing his entitlement to workers’ compensation benefits because

there was no valid contract of hire between the parties and, thus, no existing employer-

employee relationship. Employer maintains that it detrimentally relied on Employee’s

knowing and willful misrepresentation regarding his identity, ultimately leading to the

work-related injuries.

Contract of Hire

Employer first argues that Tennessee’s Workers’ Compensation Law requires a

“contract of hire . . . written or implied” as a prerequisite to workers’ compensation

liability. 4 Under Employer’s theory, because it never would have hired Employee “but

for” the misrepresentation regarding his identity, no valid contract of hire exists and, thus,

no workers’ compensation benefits are owed. Employer contends that the trial court erred

when it “conflated unlawful employment status with identity-based fraud that negates

contract formation.” According to Employer, the workers’ compensation statute addresses

“unauthorized or unlawful employment, not situations where no employment contract

exists due to fraud. Identity fraud prevents contract formation and thus should bar workers’

compensation coverage.”

Employee responds that “Tennessee courts have long recognized that employment

obtained through false or even criminal misrepresentations does not, by itself, defeat

coverage under the Act,” citing Tennessee Supreme Court precedent establishing that

“employment which has been obtained by the making of false statements – even criminally

false statements – is still employment; that is, the technical illegality will not of itself

destroy compensation coverage.” Fed. Copper & Aluminum Co. v. Dickey, 493 S.W.2d

463, 465 (Tenn. 1973). Employee maintains that the nexus on which the analysis should

focus is that between an employee’s misrepresentation of his or her physical condition and

the injury. In Employee’s view, misrepresentations regarding identity are not the type of

4

Tennessee Code Annotated section 50-6-102 defines “Employee” to include “every person, including a

minor, whether lawfully or unlawfully employed . . . under any contract of hire or apprenticeship, written

or implied.” Tenn. Code Ann. § 50-6-102(10)(A) (2025) (emphasis added).

4

employee misconduct contemplated by the statute as defeating an injured worker’s

entitlement to benefits.

We conclude Employer has taken the statutory phrase “under any contract of hire”

as used in subsection 102(10)(A) out of context. That phrase is part of a single sentence

that also includes the phrase “every person . . . whether lawfully or unlawfully employed.”

Moreover, the phrase “under any contract of hire” is modified by the phrase “written or

implied,” indicating that a written agreement is not a critical element of the formation of

an employment contract. Id. Our review of binding precedent from the Tennessee

Supreme Court and Special Workers’ Compensation Appeals Panel convinces us that the

scope of the Workers’ Compensation Law was intended to encompass all persons who

provide services to an employer for pay, whether lawfully or unlawfully employed. This

interpretation is further supported by the statutory definition of “Employer,” which

includes any entity “using the services of not less than five (5) persons for pay.” Tenn.

Code Ann. § 50-6-102(11) (2025). Here, there can be no doubt that Employer was using

the services of Employee for pay. The fact that he was not lawfully employed due to his

use of a false identity does not change that fact.

Misrepresentation Defense

The Tennessee Supreme Court has long recognized a misrepresentation defense in

workers’ compensation law. In Anderson v. Chattanooga Gen. Servs. Co., 631 S.W.2d

380 (Tenn. 1981), for example, the Court set out a three-part analysis to evaluate

misrepresentation claims. To prevail on such a defense, the employer has the burden of

showing:

(1) [T]he employee . . . knowingly and willfully made a false representation as

to his physical condition;

(2) [T]he employer . . . relied thereon and such reliance [was] a substantial

factor in the hiring; and

(3) [T]here [is] a causal connection between the false representation and the

injury.

Id. at 384 (emphasis added).

In Silva v. Martin Lumber Co., No. M2003-00490-WC-R3-CV, 2003 Tenn. LEXIS

1047 (Tenn. Workers’ Comp Panel Nov. 5, 2003), the Tennessee Supreme Court’s Special

Workers’ Compensation Appeals Panel addressed a factual scenario strikingly similar to

the one before us. In Silva, the employee presented falsified documentation in order to

gain employment and was subsequently injured while at work. Id. at *2-3. The employer

denied the claim and questioned on appeal whether an undocumented worker who obtains

5

employment by presenting fraudulent documents may recover workers’ compensation

benefits. Id. at *2-5. The Panel affirmed the trial court’s conclusion that the injured worker

was an employee within the meaning of the Workers’ Compensation Law regardless of his

use of falsified documentation when there was no evidence that the misrepresentation

increased his risk of a work-related injury. Id. at *6. The Panel observed that the employee

did not make a false representation as to his physical condition and, because there was no

causal connection between his false representation and the injury, he was not barred from

obtaining workers’ compensation benefits. Id. at *6-7.

We also note that the General Assembly has specifically addressed undocumented

workers’ entitlement to workers’ compensation benefits. Tennessee Code Annotated

section 50-6-207(3)(F) provides that employees who are “not eligible or authorized to work

in the United States” can receive medical benefits, temporary disability benefits, and

certain permanent disability benefits but are not entitled to seek increased benefits pursuant

to subsection 207(3)(B). Thus, the General Assembly has considered situations in which

workers not eligible to work in the United States are injured. Yet, it did not disqualify such

workers from receiving any workers’ compensation benefits but instead limited the amount

of permanent disability such workers could receive. Had the legislature intended to

exclude undocumented workers who obtained employment by misrepresenting their

identities from the class of undocumented workers entitled to certain benefits, it could have

so stated.

In sum, we conclude that the misrepresentation defense is limited to false statements

about the worker’s physical condition. Here, the misrepresentations Employee made are

unrelated to his physical condition or his ability to perform his job duties. As in Silva,

Employee’s misrepresentations were aimed at obtaining employment and did not seek to

conceal a physical condition that increased his risk of injury. Our review of the record

supports the trial court’s determination that Employee sustained a compensable injury in

the course and scope of his employment, the risk of which was not impacted by his identity

fraud. In short, there is not a sufficient nexus between the misrepresentation and

Employee’s injuries to bar Employee’s recovery of workers’ compensation benefits. If the

misrepresentation defense is to be expanded to identity fraud, that task must be left to the

Tennessee Supreme Court or the General Assembly.

Payment of Medical Bills

Turning to Employer’s request that we modify the trial court’s order to make clear

that Employer will only be responsible for the payment of medical bills reflecting

Employee’s real name, we agree that such a limitation is necessary to prevent Employer

from potentially being complicit in any fraudulent activity. Given that Employee has

admitted to using the identity of another person to fraudulently obtain employment and

certain medical treatment, the processing of past medical bills in two different names could

create confusion and the possibility of Employer being held liable for medical bills wholly

6

unrelated to the current claim, and require it to process and pay bills that contain the name

and identifying information of that other person. Accordingly, the trial court’s order is

modified to show that Employer will be responsible for the payment of medical bills

reflecting reasonable and necessary medical treatment causally related to the work injury

under Employee’s real name. 5

Conclusion

For the foregoing reasons, we affirm the trial court’s order as modified, and we

remand the case for further proceedings. Costs on appeal are taxed to Employer.

5

We further note that nothing in this opinion prevents Employee’s medical providers from reissuing

medical bills incurred by Employee for reasonable and necessary medical treatment causally related to

Employee’s compensable injuries with Employee’s real name.

7

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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