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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT KNOXVILLE

MICHAEL DAY, ) Docket Number: 2023-03-00128

Employee, )

v. )

GOLD CREEK FOODS, LLC., ) State File Number: 86263-2022

Employer, )

and )

GREAT AMERICAN ALLIANCE 

INSURANCE COMPANY,

)

)

Judge Brian K. Addington

Carrier. )

EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS

The Court held an expedited hearing on October 28, 2023, at Mr. Day’s request that 

the Court order medical benefits for his alleged work injury. After reviewing the evidence, 

the Court finds Mr. Day is likely to prove at a hearing on the merits that he is entitled to

additional medical benefits. 

Claim History

Mr. Day testified that he injured his back on November 29, 2022. He stated he was 

lifting and transporting fifty-pound bags of food seasonings onto a pallet and eventually

into a cooler. However, a stainless-steel table prevented him from moving the bags of 

seasonings with his forklift, so he moved the table to clear a path. When he did, a clamp 

fell from it, and when he bent over to pick it up, he felt pain in his back.

Because the injury occurred at the end of his shift, Mr. Day testified he was unable 

to find a supervisor to whom he could report the injury. So he left, hoping the pain would 

subside, but it worsened as he drove home. He later went to an emergency room and was

discharged early the next day. 

After he left the emergency room, he went to Gold Creek and waited for his 

supervisor to report the injury. He testified that someone in human resources told him he 

FILED

Nov 03, 2023

12:07 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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could not file a claim because he did not report his injury the same day it happened. He 

testified that he returned to Gold Creek the next day and was given a panel, from which he 

selected Dr. Kevin Bailey. He never saw Dr. Bailey, but a nurse practitioner, Lindsey 

Lundquist, who referred him back to his primary care doctor to obtain an MRI. Dr. Bailey 

did not sign her records, and no proof suggests he saw them.

Mr. Day’s medical records and witnesses for the employer painted a slightly 

different picture. Specifically, an emergency room provider recorded that [p]atient stated 

that he did heavy lifting yesterday at work, fifty-pound bags . . . stated he awoke with 

severe radiculopathy in his right leg.” Another notation included that Mr. Day’s pain

started “yesterday . . . after lifting stuff at work.” 

Ms. Lundquist wrote in her office note that “[p]atient states he had to move a sheet 

of metal to one side. Patient states when he did this, a clamp fell onto the ground. Patient 

bent down to pick this up and felt an immediate grabbing pain to his right lower back.” 

She also noted that the pain worsened on the way home, and he went to the emergency 

room.

Mr. Day’s own nurse practitioner wrote, “Patient states on [November 30, 2022] he 

was moving a pallet at work and hurt himself.”

Witnesses from Gold Creek also testified supervisors were at work on the date of 

injury to whom Mr. Day could have reported the injury, and he violated work rules by

failing to do so. Supervisors were also displeased when they gave him the second panel,

and he left work without telling them. They eventually fired him for failing to return to 

work. Gold Creek denied the claim on December 16, primarily because of Mr. Day’s 

differing versions of the injury. 

Mr. Day argued that he told the providers exactly what happened and could not 

control what they wrote in his records. He contended that he was able to identify when

and how the injury occurred. He requested an orthopedic panel to evaluate his back. Gold 

Creek countered that it rightfully denied Mr. Day’s claim because he gave differing 

versions of how he injured his back.

Findings of Fact and Conclusions of Law

To prevail, Mr. Day must prove he is likely to prevail at a hearing on the merits. 

Tenn. Code Ann. § 50-6-239(d)(1) (2023). Specifically, Mr. Day must show that his 

injuries arose primarily out of and in the course and scope of his employment and prove a 

work-related incident, or specific set of incidents, identifiable by time and place of 

occurrence. Tenn. Code Ann. § 50-6-102(12)(A).
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Mr. Day’s medical records differ from his testimony and Rule 72 declaration. 

However, enough similarities exist between the records and his testimony under the lesser 

standard of proof at this expedited hearing to show that he is entitled to a panel of 

physicians. 

Gold Creek provided a panel, from which Mr. Day chose Dr. Bailey. However, 

when he went to Dr. Bailey’s office, he never saw him, only a nurse practitioner. 

Additionally, Gold Creek’s denial of the claim stopped the authorized medical provider 

from offering additional treatment. 

The Court finds at this interlocutory stage that Mr. Day has offered sufficient 

evidence to show that he is entitled to see Dr. Bailey. Dr. Bailey did not see Mr. Day or 

sign off on the records of Nurse Lundquist. It follows then that Gold Creek shall authorize 

Dr. Bailey to see Mr. Day. Gold Creek shall give copies of all of Mr. Day’s medical records

to Dr. Bailey before the appointment.

It is ORDERED as follows: 

1. Gold Creek shall authorize an appointment with Dr. Kevin Bailey as soon as 

possible and supply all his medical records regarding this incident to Dr. Bailey.

2. A status hearing is scheduled for Tuesday, December 5, 2023, at 2:00 p.m. 

Eastern Time. The parties must call 855-543-5044 to participate. Failure to 

call may result in a determination of issues without a party’s participation. 

3. Unless an interlocutory appeal of the Expedited Hearing Order is filed, 

compliance with this Order must occur no later than seven business days from 

the date of entry of this Order as required by Tennessee Code Annotated section 

50-6-239(d)(3). The employer must submit confirmation of compliance with 

this Order to the Bureau by email to WCCompliance.Program@tn.gov no later 

than the seventh business day after entry of this Order. Failure to submit 

confirmation within seven business days may result in a penalty assessment for 

non-compliance. For questions regarding compliance, contact the Workers’ 

Compensation Compliance Program via email at 

WCCompliance.Program@tn.gov. 

ENTERED November 3, 2023.

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims
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Appendix

Exhibits:

1. Mr. Michael Brian Day, Jr.’s Rule 72 Declaration

2. Mr. Michael Lee Day’s Rule 72 Declaration

3. Wage Statement

4. Notice of Denial

5. Notice of Employee Termination/Separation

6. Patient Ledger (Mountain People’s Health Councils, Inc.)

7. Medical records Tennova LaFollette Medical Center

8. Medical records of Lindsey Lundquist, FNP (Jacksboro Clinic)

9. Medical records Methodist Medical Center

10. Medical records Mountain People’s Health Councils, Inc.

11.Work Status Note of Ortho Tennessee

12.Gold Creek Treatment of First Aid Injuries Form

13.Physician Panel

14.Gold Creek Employment Application

Technical Record: 

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Hearing Request

4. Status Hearing Order (May 17, 2023)

5. Status Hearing Order (May 17, 2023) (Duplicate)

6. Status Hearing Order (July 20, 2023)

7. Hearing Request

8. Order Denying Request for Record Review

9. Employee’s Position Statement

10.Employee’s Brief in Support of Employee’s Request for Expedited Hearing

11.Employer/Carrier Opposition to Decision on the Record

CERTIFICATE OF SERVICE

I certify that a correct copy of this Order was sent on November 3, 2023.

Name Certified 

Mail

Fax Email Service sent to:

Timothy Roberto, X troberto@brownandroberto.com
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Employee’s Attorney cmagnusson@brownandroberto.com

mgonzalez@brownandroberto.com

Gerard Jabaley,

Employer’s Attorney

X gjabaley@wimberlylawson.com

aburge@wimberlylawson.com

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 

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 filestamped 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 2 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]