The opinion
FILED
Jul 15, 2021
02:45 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
SANTOS AREVALO, ) Docket No. 2020-05-0992
Employee, )
v. ) State File No. 67126-2020
STEVE HOOD, )
Uninsured Employer. ) Judge Robert Durham
EXPEDITED HEARING ORDER DENYING BENEFITS
This case came before the Court on July 7, 2021 for an Expedited Hearing. Mr.
Arevalo sought benefits after suffering amputations to three fingers on his left hand in a
lawnmower accident while working for Mr. Hood. The Court holds that Mr. Arevalo is
not likely to prove at trial that Mr. Hood had five or more employees; thus, Mr. Hood is
not obligated to provide workers’ compensation benefits.
History of Claim
On September 22, 2020, while working for Mr. Hood, Mr. Arevalo reached his left
hand under a lawnmower while the blades were still turning. When he did so, the mower
blades partially amputated his index, middle, and ring fingers.
At the hearing, Mr. Arevalo’s evidence was primarily about Mr. Hood’s conduct
after the accident and what he perceived to be a callous disregard for his well-being. He
did not produce any evidence about the number of employees working for Mr. Hood.
According to an Expedited Request for Investigation Report, Mr. Arevalo told the
Bureau’s compliance specialist that Mr. Hood had only one other part-time employee.
Mr. Hood told the specialist that, while he might occasionally hire part-time labor to help
Mr. Arevalo, he never had more than five employees at once. After his investigation, the
specialist concluded that Mr. Hood did not have five employees.
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Findings of Fact and Conclusions of Law
To receive benefits, Mr. Arevalo must show that he is likely to prove at trial all the
elements necessary to prevail in a workers’ compensation claim. See generally McCord v.
Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *9 (Mar. 27,
2015).
Here, Mr. Arevalo sustained a serious injury to his left hand while working for Mr.
Hood. However, this does not automatically entitle him to benefits. He must also show
that Mr. Hood meets the definition of an employer subject to the Workers’ Compensation
Law. An “employer” is defined under Tennessee Code Annotated section 50-6-102(13)
(2020) as “any individual . . . using the services of not less than five (5) persons[.]”
The undisputed evidence is that Mr. Hood did not employ five or more people in
his landscaping business. Accordingly, the Court holds Mr. Arevalo did not show that he
is likely to prove at trial that Mr. Hood was an employer as defined by the statute and
thus required to provide workers’ compensation benefits. While Mr. Arevalo clearly
suffered a serious injury, and the Court has the greatest sympathy for his situation, it must
deny his claim for benefits at this time.
This case is set for a Scheduling Hearing on August 17, 2021, at 9:00 a.m. Central
Time. The parties must call 615-253-0010 or 855-689-9049 toll-free to participate in the
Scheduling Hearing. Failure to appear might result in a determination of the issues
without the party’s participation.
ENTERED July 15, 2021.
___________________________
ROBERT DURHAM, JUDGE
Court of Workers’ Compensation Claims
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APPENDIX
Technical Record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Expedited Hearing
Exhibits:
1. Affidavit of Santos Arevalo
2. Translation of Mr. Arevalo’s affidavit
3. UEF Investigator’s Report
4. UEF Investigator’s Conclusion
5. Picture of lawnmower
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on July 15, 2021.
Name Certified Fax Email Service sent to:
Santos Arevalo X 906 Hunt Street
Murfreesboro, TN 27130
Steve Hood X 4151 Avalon Place
Murfreesboro, TN 37218
_____________________________________
PENNY SHRUM, COURT CLERK COURT
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
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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