The opinion
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
ANTHONY TERRY, ) Docket No. 2016-08-1054
Employee, )
)
v. ) State File No. 73704-2016
WHALEY’S TOWING, )
Uninsured Employer. )
) Judge Allen Phillips
COMPENSATION HEARING ORDER
This case came before the Court by telephone on July 6, 2020 for a Compensation
Hearing. For the following reasons, the Court holds Mr. Terry is entitled to medical,
temporary total, and permanent partial disability benefits.
Mr. Terry was injured while working as a tow truck driver. Whaley, an uninsured
employer, contended Mr. Terry was not its employee but instead was an independent
contractor. It also questioned whether the injury occurred.
After an Expedited Hearing, the Court entered an Order for Medical Benefits that it
incorporates by reference. In that order, the Court found Mr. Terry would likely prevail at
a hearing on the merits in establishing he was Whaley’s employee and that he sustained an
injury arising primarily out of his employment. Further, the Court ordered that Whaley pay
for Mr. Terry’s medical treatment.
Whaley paid only a small amount of Mr. Terry’s medical bills. Further, when Mr.
Terry completed medical treatment in August 2018, the treating physician would not
provide an impairment rating. So, Mr. Terry’s attorney arranged an independent medical
evaluation with Dr. Samuel Chung who assessed an eight percent rating under the
American Medical Association Guidelines to the Evaluation of Permanent Impairment, 6th
Edition. Whaley stipulated that the rating was correct and admissible in evidence.
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The parties also stipulated to the following:
• Mr. Terry sustained a compensable injury on July 27, 2016;
• Mr. Terry’s compensation rate is $378.85 per week;
• Mr. Terry is entitled to temporary total disability benefits form July 27, 2016,
through August 1, 2018, the date he reached maximum medical
improvement, a period of 105.5 weeks in the amount of $39,968.68;
• Mr. Terry is entitled to an original award of eight percent permanent partial
disability, plus enhancing factors for not having returned to work, for being
more than forty years of age, and for having less than a high school education
for a total award of permanent partial disability benefits of $32,037.07; and
• Mr. Terry received authorized medical treatment from Methodist Hospital
and Dr. Samuel Murrell and is entitled to payment of past and future medical
expenses under Tennessee Code Annotated section 50-6-204(a)(1)(A).
Finally, the Court incorporates its finding in the Expedited Hearing Order that Mr.
Terry established the factors of Tennessee Code Annotated section 50-6-801(d)(1)-(4) for
a claim to the Uninsured Employers Fund. Specifically, Mr. Terry 1) worked for an
employer who failed to secure payment of compensation; 2) suffered an injury primarily
in the course and scope of his employment after July 1, 2015; 3) was a Tennessee resident
on the date of the injury; and 4) he provided notice to the Bureau of his injury and of
Whaley’s failure to secure the payment of compensation within sixty days of his injury by
filing a Petition for Benefit Determination on September 23, 2016.
IT IS, THEREFORE, ORDERED as follows:
1. Whaley shall pay Mr. Terry temporary total disability benefits of $39,968.68 for the
period of July 27, 2016, through August 1, 2018.
2. Whaley shall pay Mr. Terry permanent partial disability benefits of $32,037.07.
3. Whaley shall pay all past and future reasonable and necessary medical expenses to
treat Mr. Terry’s July 27, 2016 injury under Tennessee Code Annotated section 50-
6-204(a)(1)(A).
4. The Court taxes the $150.00 filing fee to Whaley to be paid to the Court Clerk under
Tennessee Compilation Rules and Regulations 0800-02-21-.06 (August, 2019)
within five business days of this order becoming final, and for which execution
might issue if necessary.
5. Whaley shall file a Statistical Data Form (SD-2) with the Court Clerk within five
business days of the date this order becomes final.
6. Absent an appeal, this order shall become final thirty days after entry.
ENTERED July 8, 2020.
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_______________________________
Judge Allen Phillips
Court of Workers’ Compensation Claims
APPENDIX
Exhibits
1. Medical Report of Dr. Samuel Chung
2. Medical Records of Methodist Healthcare
3. Bureau’s Expedited Request for Investigation Report
Technical record
1. Expedited Hearing Order with Exhibits
2. Amended Scheduling Order
3. Dispute Certification Notice
4. Dispute Certification Notice—Additional Issues Certification
5. Joint Pre-Hearing Statement
CERTIFICATE OF SERVICE
I certify that a copy of this Compensation Hearing Order was sent as indicated on July
8, 2020.
Name Certified First Via Service Sent To:
Mail Class Email
Jonathon L May, X jmay@forthepeople.com
Employee’s Attorney
William A. Wooten, X wawooten@gmail.com
Employer’s Attorney
_____________________________________
Penny Shrum, Clerk of Court
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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Compensation Hearing Order Right to Appeal:
If you disagree with this Compensation Hearing Order, you may appeal to the Workers’
Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’
Compensation Appeals Board, you must:
1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the
Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the
date the compensation hearing order was filed. When filing the Notice of Appeal, you
must serve a copy upon 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 of 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 bear the responsibility of ensuring a complete record on appeal. You may request
from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court
reporter must prepare a transcript and file it with the court clerk within fifteen calendar
days of the filing the Notice of Appeal. Alternatively, you may file a statement of the
evidence prepared jointly by both parties within fifteen calendar days of the filing of the
Notice of Appeal. The statement of the evidence must convey a complete and accurate
account of the hearing. The Workers’ Compensation Judge must approve the statement
of the evidence before the record is submitted to the Appeals Board. If the Appeals
Board is called upon to review testimony or other proof concerning factual matters, the
absence of a transcript or statement of the evidence can be a significant obstacle to
meaningful appellate review.
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. The appealing
party has fifteen calendar days after the date of that notice to submit a brief to the
Appeals Board. See the Practices and Procedures of the Workers’ Compensation
Appeals Board.
To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing
Order must be final and you must comply with the Tennessee Rules of Appellate
Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s
Order will become final by operation of law thirty calendar days after entry. See Tenn.
Code Ann. § 50-6-239(c)(7).
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 *
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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