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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT GRAY

BRADLEY PAINTER, ) Docket Number: 2023-02-8127

Employee, )

v. )

AMERICAN MECHANICAL 

CONTRACTORS INCORPORATED,

 Employer, 

)

)

)

State File Number: 60711-2023

and

BUILDERS MUTUAL INSURANCE 

COMPANY,

 Carrier.

)

)

)

)

Judge Brian K. Addington

EXPEDITED HEARING ORDER

DECISION ON THE RECORD

American Mechanical filed a Petition for Benefit Determination and a Motion to 

Stay Enforcement of Medical Director Order authorizing a right-shoulder surgery. The 

court stayed enforcement of that order to allow American Mechanical to take the deposition 

of Mr. Painter’s authorized treating physician.

After the deposition, the parties agreed to a decision on the record. For the reasons 

below, the Court finds Mr. Painter is entitled to the right shoulder surgery.

Claim History

Mr. Painter alleged an injury to his right shoulder on July 27, 2023, while working 

for American Mechanical. The authorized treating physician, Dr. Jeffrey France, ordered 

shoulder surgery on September 22. American Mechanical submitted the order for 

utilization review, and the reviewing physician did not certify the surgery. Dr. France 

appealed the denial to the Bureau’s Medical Director, who approved the surgery on 

November 13.

FILED

Mar 18, 2024

10:32 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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On November 20, American Mechanical filed the petition and the Motion to Stay

because it “dispute[d] causation and compensability of employee’s right shoulder 

symptoms based on the MRI findings and contradicting physical examination performed 

by Dr. France.”

American Mechanical later deposed Dr. France, during which he primarily related 

Mr. Painter’s injury and need for right shoulder surgery to his work at American 

Mechanical. 

Findings of Fact and Conclusions of Law

Mr. Painter must prove he is likely to prevail at a hearing on the merits. Tenn. Code 

Ann. § 50-6-239(d)(1) (2023); McCord v. Advantage Human Resourcing, 2015 TN Wrk. 

Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015). 

The issue is whether Mr. Painter is entitled to the surgery ordered for his right 

shoulder. American Mechanical must furnish Mr. Painter reasonable and necessary 

medical benefits from his work injury. Tenn. Code. Ann. § 50-6-204(a)(1)(A). Dr. 

France’s right shoulder surgery recommendation is considered medically necessary under 

section 50-6-204(a)(3)(H), and American Mechanical has the burden of rebutting this 

presumption.

American Mechanical relied on the utilization review report, in which the doctor 

recommended physical therapy and injections instead of the surgery. However, Dr. France 

appealed the decision, and the Bureau’s medical director approved the surgery. After the 

Court stayed the medical director’s decision, the parties deposed Dr. France’s, and he

primarily related Mr. Painter’s right-shoulder condition and the need for surgery to his 

work. 

Dr. France confirmed that the injury and need for surgery is primarily related to Mr. 

Painter’s work, so American Mechanical, by standing on the utilization review report 

alone, did not overcome the presumption that the surgery is medically necessary. Also, 

considering the facts and the law, Tennessee law generally concludes that the physician 

having greater contact with an injured employee has a more accurate opinion. Bass v. 

Home Depot U.S.A., Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 36, at * 14 (May 26, 

2017). Therefore, the Court finds Dr. France’s opinion along with the medical director’s

opinion more persuasive than the utilization review physician’s.

Thus, the Court holds Mr. Painter is likely to prevail at a hearing on the merits in 

proving his entitlement to the surgery Dr. France recommended. 

IT IS, THEREFORE ORDERED as follows:
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1. American Mechanical shall approve and provide the right shoulder surgery as 

ordered by Dr. France. American Mechanical shall inform Mr. Painter of the date 

of the surgery. 

2. The parties shall appear for a Status Hearing on April 24, 20024, at 2:00 p.m.

Eastern. You must call 855-543-5044 to participate in the hearing. Failure to call 

in may result in a determination of the issues without your further participation. 

3. Unless 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 the 

entry of this order as required by Tennessee Code Annotated section 50-6-239(d)(3).

The insurer or self-insured employer must submit confirmation of compliance by 

email to WCCompliance.Program@tn.gov by the compliance deadline. Failure to 

do so may result in a penalty assessment for non-compliance.

4. For compliance questions, please contact the Workers’ Compensation Compliance 

Unit by email at WCCompliance.Program@tn.gov. 

Entered March 18, 2024. 

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Utilization Review report

2. Medical Director’s decision

3. Causation opinion questionnaire by Dr. France

4. Occupational Medicine Clinic Visit

5. Medical Care Radiology

6. Watauga Orthopaedics 

7. Deposition of Dr. Jeffrey France

8. Rule 72 Declaration of Stanley Arnold

9. Statement by Stanley Arnold

10.Photo (elevator)

11.Photo (scales)

12.Deposition of Bradley Painter

Technical Record:

1. Petition for Benefit Determination
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2. Dispute Certification Notice

3. Request for Stay of Enforcement of Medical Director’s Order

4. Order Granting Motion to Stay and Scheduling Expedited Hearing

5. Employer’s Witness and Exhibit List

6. Employer’s Expedited Hearing Brief

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent on March 18, 2024.

Name Certified 

Mail

Fax Email Service sent to:

Daniel Minor,

Employee’s Attorney

X dan@danielbminor.com

maria@danielbminor.com

Jeffery Foster,

Employer’s Attorney

X jfoster@morganakins.com

jtallent@morganakins.com

Jaime Weatherly,

Mediator

X jaime.weatherly@tn.gov

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

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).
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]