FILED 

_ -ovember30~2017 

TN COURTOF 

WORKI.RS' C01JJPINS.ATIO 

CL.:\IMS 

TENNESSEE BUREAU OF WORKERS' COMPENSATION 

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT KINGSPORT 

Time 9':01 AM 

EDUARDO CARRERA A VILA, 

Employee, 

) Docket Number: 2017-02-0141 

) 

v. 

TLG MOTORS, LLC, 

) State File Number: 18030-2017 

) 

Uninsured Employer. ) Judge Brian K. Addington 

COMPENSATION HEARING ORDER 

This matter came before the Court on November 28, 2017, for a Compensation 

Hearing. The central legal issue is the compensability of Mr. Avila's claim for an injury, 

which occurred when he attempted to use a hand tool at TLG Motors. The Court finds 

Mr. Avila failed to prove he worked for an employer as defined by the Workers' 

Compensation Law and to timely file a Petition for Benefit Determination. Therefore, the 

Court denies his claim. 

History of Claim 

Mr. Avila knew the owner of TLG Motors, Mr. Ted Georgio, through Mr. 

Georgio's mother, a restaurant owner. Mr. Avila normally worked for Ms. Georgio. 

When she could not provide him with work, Mr. Avila occasionally cleaned cars at TLG 

Motors. 

Mr. Avila injured his right middle finger while cleaning cars at TLG Motors on 

August 16, 2014. He went to the hospital and later underwent surgery. Ms. Georgio paid 

for his surgery, but the initial treatment remains unpaid. Mr. Avila was unsatisfied with 

the surgical results and requested additional treatment, which Ms. Georgio denied. 

Mr. Georgio testified that he did not have any employees, while Mr. Avila testified 

Mr. Georgio employed workers at more than one location. Bureau Compliance Specialist 

Rene Gallardo conducted an investigation and concluded that TLG Motors employed 

three persons. 

Mr. Avila did not file a Petition for Benefit Determination until March 13, 2017. 

When the parties were unable to reach an agreement, this Court conducted an Expedited 

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Hearing and determined TLG Motors did not meet the definition of employer under the 

Workers' Compensation Law. Mr. Avila did not appeal that decision but chose to 

proceed to a Compensation Hearing. 

Mr. Avila argued that he wanted his finger "fixed," compensation for his injury 

and temporary benefits. Mr. Avila did not present any physician notes concerning his 

injury but did submit an unpaid medical bill. He focused his testimony on complaints 

about Mr. and Ms. Georgia's lack of credibility. 

TLG Motors appeared without an attorney. The Court did not allow Mr. Georgio 

to enter any exhibits, make any objections or ask questions, but it did allow him testify. 

Findings of Fact and Conclusions of Law 

Mr. Avila bears the burden of proof on all essential elements of his claim. Scott v. 

Integrity Staffing Solutions, 2015 TN Wrk. Comp. App. Bd. LEXIS 24, at *6 (Aug. 18, 

20 15). He must establish by a preponderance of the evidence that he is entitled to the 

requested benefits. Willis v. All Staff, 2015 TN Wrk. Comp. App. Bd. LEXIS 42, at * 18 

(Nov. 9, 2015); see also Tenn. Code Ann. § 50-6-239(c)(6) (2017) ("[T]he employee 

shall bear the burden of proving each and every element of the claim by a preponderance 

of the evidence."). This burden begins with proof that he worked for an employer as 

defined by the Workers' Compensation Law. 

The Workers' Compensation Law requires all "employers" to provide workers' 

compensation coverage for their "employees." See Tenn. Code Ann. § 50-6-405(a) 

(2014). According to Tennessee Code Annotated 50-6-102(12)(A), "an employee 

includes every person ... in the service of an employer[.]" An employer is defined as 

"any individual ... using the services of not less than five (5) persons for pay[.]" Tenn. 

Code Ann.§ 50-6-102(13). 

To succeed, Mr. Avila must prove that TLG Motors is an employer as defined in 

the statute. The Court finds that TLG Motors employed three persons as did Bureau 

Specialist Gallardo. This number is not the required minimum of five to mandate 

workers' compensation insurance coverage. Thus, it does not meet the statutory 

definition of employer. As such, this Court does not have jurisdiction over TLG Motors. 

Even if Mr. Avila proved TLG Motors were a covered employer, he failed to file 

his Petition for Benefit Determination within one year of the date of his injury. See Tenn. 

Code Ann. § 50-6-203(b )(1 ). The proof verifies that Ms. Georgio paid for his surgery, 

which may have prolonged the statute of limitations if she did so on behalf of TLG 

Motors. However, Mr. Avila did not prove Ms. Georgio's connection, if any, to TLG 

Motors. 

IT IS, THEREFORE, ORDERED that Mr. Avila's claim is denied on the grounds 

that TLG Motors is not a covered employer and Mr. Avila did not timely file a Petition 

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for Benefit Determination. The Court does not tax a filing fee for this case as TLG 

Motors is not a covered employer. If no appeal is taken, the order shall become final 

after thirty days. 

ENTERED this the 30th day of November, 2017. 

Evidence 

1. Affidavit of Susana Man cera 

Is/ Brian K. Addingt n 

BRIAN K. ADDINGTON, JUDGE 

Court of Workers' Compensation Claims 

APPENDIX 

2. Affidavit of Balthazar Ramirez 

3. Affidavit of Jesus Barragano 

4. Medical Bill-Franklin Woods Hospital 

5. Expedited Request for Investigation Report 

6. Collective Exhibit-Photographs 

Technical Record 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Expedited Hearing 

4. Expedited Hearing Order 

5. Scheduling Hearing Order 

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CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the Compensation Hearing Order 

was sent to the following recipients by the following methods of service on this the 30th 

day ofNovember, 2017. 

Name Certified Via Via Service Sent to: 

Mail Fax Email 

1200 Maryland Ave., 

Eduardo Carrera Avila, X X Bristol, TN 37620 

Employee cd uurclocarrera2 008{tt"i.ll otm u i l.com 

TLG Motors, X 2121 Volunteer Parkway, 

Employer Bristol, TN 37620 

PECourt ~A±~ of W r, ers' Compensation Claims RK WC. CourtClerk@tn.gov 

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