TENNESSEE BUREAU OF WORKERS' COMPENSATION 

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT GRAY 

MATTHEW KINSLER, 

Employee, 

v. 

ROGERS DEVELOPMENT and 

WILLIAMS CONSTRUCTION, 

Employers, 

and 

BUILDERS MUTUAL INSURANCE, 

Carrier. 

) Docket No. 2017-02-0591 

) 

) 

) State File No. 78125-2017 

) 

) 

) 

) Judge Brian K. Addington 

) 

EXPEDITED HEARING ORDER GRANTING MEDICAL BENEFITS 

The Court conducted an Expedited Hearing on February 6, 2020, on the issue of 

whether Mr. Kinsler is entitled to a panel of physicians for a September 8, 2017 injury to 

his scrotum and testes. The Court holds he presented sufficient evidence that he is likely 

to prevail at trial and is entitled to a panel or urologists. 

Claim History 

Mr. Kinsler fell approximately ten feet through a floor onto a concrete slab. He 

reported the accident to his uninsured employer, Williams Construction. His employer 

tried to get him to walk off the pain and relax over the following days, but Mr. Kinsler 

eventually went to the emergency room on September 10. There he complained of many 

symptoms including pain in his scrotum. The physicians informed him that he fractured 

his spine at L-1, ordered a brace, and released him. Mr. Kinsler returned to the 

emergency room on September 14 with pain and swelling in his legs and testes. The 

providers performed an ultrasound of his testes but found no abnormalities. 

Through the two emergency room visits, Mr. Kinsler treated on his own, but then 

the general contractor, Rogers Development, accepted his claim for workers' 

compensation benefits. Since the injury, he continued to experience swelling and a 

pulling in his testes. His authorized back doctor, Richard Duncan, M.D., heard Mr. 

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FILED

Feb 11, 2020

11:41 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
Kinsler's complaints and made a urological referral at his request, but Dr. Duncan could 

not state whether the need for the referral primarily related to Mr. Kinsler's workaccident. 

Although Mr. Kinsler does not suffer constant pain or swelling, he wishes to have 

the condition evaluated, and his attorney requested the issue be included on the Dispute 

Certification Notice from July 2018. On the other hand, Rogers Development refuses to 

provide treatment because Mr. Kinsler has not always requested it and has not presented 

any expert medical evidence that his condition is work-related. 

Findings of Fact and Conclusions of Law 

Mr. Kinsler must present sufficient evidence establishing that he is likely to prove 

at trial that he is entitled to the requested workers' compensation benefits. See Tenn. 

Code Ann. § 50-6-239(d)(l) (2019). An employer is obligated to provide medical 

benefits made reasonably necessary by the accident. Tenn. Code Ann. § 50-6-

204(a)(l)(A). 

The evidence establishes that the first and second time Mr. Kinsler sought medical 

treatment after his injury, he complained about pain in his scrotum and testes. However, 

Rogers Development has not provided any treatment for this concern, even though Mr. 

Kinsler at times requested it. He also requested a referral to a specialist from Dr. 

Duncan. 1 

Although Mr. Kinsler has not constantly complained of or demanded treatment for 

his testicular pain, the Court cannot find anything in the Worker's Compensation Law 

that requires an employee to constantly suffer pain and demand treatment before an 

employer is obligated to provide necessary and reasonable medical treatment. 

Considering Mr. Kinsler complained of scrotum and testes pain soon after the 

incident and testified that he continues to experience intermittent pain and pulling, and 

because no medical opinion addressed the issue, the Court finds he would likely succeed 

at trial as to whether Rogers Development should provide him a panel of physicians. 

The Court holds that Rogers Development shall provide Mr. Kinsler a panel of 

urologists and set an appointment for evaluation and treatment that the physician 

determines is reasonable and necessary due to his accident. 

1 The Court finds Dr. Duncan's opinion unpersuasive because he is not a urologist and he cannot state 

whether the need for treatment is related to the injury. 

2 
IT IS, THEREFORE, ORDERED AS FOLLOWS: 

1. Mr. Kinsler's request for medical treatment is granted. Rogers Development shall 

provide him a panel of urologists and set an appointment for evaluation and 

treatment that the physician determines is reasonable and necessary due to his 

accident. 

2. 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 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 

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 the 

necessary confirmation within the period of compliance might result in a penalty 

assessment for non-compliance. For questions regarding compliance, please 

contact the Workers' Compensation Compliance Unit via email at 

WCComplianc .Program@tn.gov. 

ENTERED February 11,2020. 

/S/ BRIAN K. ADDINGTON 

BRIAN K. ADDINGTON, JUDGE 

Court of Workers' Compensation Claims 

APPENDIX 

Exhibits: 

1. Affidavit of Matthew Kinsler 

2. First Report of Injury 

3. Wage Statement 

4. Time Sheet 

5. Employee's Choice of Physician Form 

6. Medical Records of Dr. Richard Duncan 

7. Final Medical Report 

8. (Col.) Medical Records 

A. Dr. Richard Duncan 

B. Dr. Richard Duncan Questionnaire response 

C. Indian Path Medical Center 

9. (Col.) Records 

A. Recorded Audio Statement 

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B. Deposition Transcript 

C. Physician Panel (10/30/2018) 

D. Physician Panel ( 11/21/20 18) 

E. Employee's Responses to Interrogatories 

F. Employer's Responses to Requests for Production 

G. Dispute Certification Notice 

H. Settlement Check 

I. Wage Statement 

J. Request for Expedited Hearing and Affidavit 

K. Original and Amended PBD 

L. All medical Records filed by Employer 

M. Request for Medical Releases 

10. Counsel and Carrier notes 

11. Matthew Kinsler's Deposition Transcript 

12. Nurse Case Manager Notes 

13. Dr. Richard Duncan Questionnaire Response 

14. (Col.) Photos 

Technical Record: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Employer's Notice of Filing of Medical Records for Expedited Hearing 

4. Employer's Tenn. Comp. Rules and Regs. Submission 

5. Employee's Pre-Expedited Hearing Submission 

6. Employee's Witness and Exhibit List 

7. Employee's Amended Pre-Expedited Hearing Submission 

8. Employee's Amended Witness and Exhibit Lists 

9. Employer's Reply to Employee's Amended Expedited Hearing Submission 

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CERTIFICATE OF SERVICE 

I certify that copy of this order was sent on February 11, 2020. 

Name Certified Fax 

Mail 

Charlton De Vault, 

Employee's Attorn~)'_ 

Meredith Weaver, 

Employer's Attorney 

Williams X 

Construction 

Email Service sent to: 

X crdevault@charter .net 

X meredith. weaver@petersonwhite.com 

400 Elm Street 

Mt. Carmel, TN 37645 

__& ffiUk--- - PENN UM, Court Clerk 

WC.C :6"erk@tn.gov 

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