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TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

JOSHUA FREEMAN, ) Docket No. 2021-05-0645

Employee, )

v. )

)

CERTIFIED MAINTENANCE, ) State File No. 20077-2019

SERVICE, INC., )

Employer, )

and )

)

ACCIDENT FUND GEN. INS. CO., ) Judge Dale Tipps

Carrier. )

EXPEDITED HEARING ORDER DENYING BENEFITS

The Court held an Expedited Hearing on August 2, 2022, to determine whether Mr. 

Freeman is entitled to additional medical treatment, specifically the scapular MRI 

recommended by one of his authorized physicians. The Court finds the evidence does not 

support Mr. Freeman’s contention that the MRI is reasonable and necessary treatment for

his compensable injury. Therefore, the Court cannot hold that he is likely to prevail at a 

hearing on the merits.

History of Claim

The parties agreed that Mr. Freeman suffered a compensable back injury on March 

16, 2019. CMS accepted the claim and provided medical benefits, including treatment with 

Dr. Stanley Hopp, an orthopedic specialist he selected from a panel.

After physical therapy and an MRI, Dr. Hopp assessed thoracic strain and 

underlying degenerative disc disease with no objective radiculopathy. He released Mr. 

Freeman at maximum medical improvement. When Mr. Freeman returned with continuing 

complaints, Dr. Hopp made a physiatry referral. In response to a letter from the carrier, 

Dr. Hopp said that, although the thoracic strain was more than fifty percent caused by the 

work injury, “his ongoing complaints at this time are related to the degenerative disc in the 

thoracic spine.”

FILED

Aug 05, 2022

09:33 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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Despite Dr. Hopp’s response, CMS provided a panel of physiatrists, and Mr. 

Freeman selected Dr. Robert Todd. He told Dr. Todd that his pain began in the low thoracic 

spine, but over time, it migrated to his left periscapular region and the base of his neck. He 

also described intermittent numbness and tingling in his small left toe and small left finger. 

Dr. Todd prescribed more physical therapy and ordered cervical and lumbar MRIs.

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When Mr. Freeman returned, Dr. Todd told him that both MRIs were essentially 

normal, with only mild facet arthrosis in the lumbar region. Dr. Todd found no significant 

nerve impingement and placed Mr. Freeman at maximum medical improvement. 

However, because of continued neurological complaints, he referred Mr. Freeman to a 

neurologist.

Like Dr. Hopp, Dr. Todd also responded to questions from the carrier about the 

cause of Mr. Freeman’s symptoms. He said that the referral to chiropractic treatment was 

more than fifty percent related to the work injury, but he was unable to “say with more than 

50% certainty” the neurological symptoms were related to it. However, Dr. Todd felt the 

neurological referral was reasonable because Mr. Freeman did not have those problems 

before the injury.

Even though Dr. Todd could not say the neurological symptoms were primarily 

caused by the work injury, CMS provided a neurology panel, and Mr. Freeman selected 

Dr. Larry Gibson. The EMG and nerve conduction studies ordered by Dr. Gibson were 

normal, as was a left shoulder MRI. As a result, Dr. Gibson completed a Final Medical 

Report and assigned an impairment rating. However, less than two weeks later, he

recommended an MRI of the left scapular and chest region.

Dr. Gibson gave a deposition, where he explained that he ordered the scapular MRI

because Mr. Freeman called his office and requested it. Although he said it was an effort 

to find some answers and develop a plan of treatment, he was skeptical “that we were going 

to find anything that was going to explain everything.” He was unable to say that the MRI 

was medically necessary because of the work accident. Dr. Gibson was also asked whether, 

from a neurological standpoint, any additional treatment or tests related to the work 

accident would be reasonable. He responded “No.”

At the conclusion of the hearing, Mr. Freeman noted that Dr. Gibson was unable to 

say whether his problems are related to the work injury. As a result, he contended that 

CMS has a duty to provide the scapular MRI in order to determine the cause of his 

continued symptoms. CMS, on the other hand, contended that Mr. Freeman is not entitled 

to the MRI because he presented no medical proof that it was made reasonably necessary 

by his work injury.

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It appears that CMS also provided chiropractic treatment during this period.
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Findings of Fact and Conclusions of Law

For the Court to grant Mr. Freeman’s request, he must prove he is likely to prevail 

at a hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1) (2021); McCord v. 

Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 

27, 2015). 

CMS did not contest the compensability of Mr. Freeman’s claim but contended that 

he is not entitled to the scapular MRI. Thus, the specific question before the Court is 

whether Mr. Freeman is likely to prove that the MRI is reasonable and necessary treatment 

for his work injury.

The Workers’ Compensation Law requires an employer to provide reasonable, 

necessary treatment at no cost to the injured worker. Tenn. Code Ann. § 50-6-

204(a)(1)(A). Further, any treatment recommended by a panel physician “shall be 

presumed to be medically necessary for the treatment of the injured employee.” Tenn. 

Code Ann. § 50-6-204(a)(3)(H).

Applying this standard to Mr. Freeman’s claim, the Court finds that he presented no 

evidence the MRI is currently reasonable and necessary. It is true that Dr. Gibson initially 

ordered the procedure at Mr. Freeman’s request, and that recommendation would have 

been entitled to a presumption of medical necessity. However, he effectively withdrew the

recommendation when he testified that he could not say that any treatment or test, including

the MRI, was medically necessary because of the work accident. Mr. Freeman thus has no 

medical opinion supporting his request.

The Court recognizes Mr. Freeman’s frustration with his continuing symptoms and 

understands his contention that testing should continue until the doctors can explain the 

cause. However, this approach is not supported by existing law. The statute requires expert 

proof that treatment is medically necessary and reasonable and arises primarily out of the 

work injury. Because Mr. Freeman did not present that evidence, the Court cannot find he 

is likely to prove entitlement to the scapular MRI.

IT IS, THEREFORE, ORDERED as follows:

1. Mr. Freeman’s claim against Certified Maintenance Service for the scapular MRI is

denied at this time.

2. This case is set for a Scheduling Hearing on October 12, 2022, at 9:00 a.m. You 

must call toll-free at 855-874-0473 to participate. Failure to call might result in a 

determination of the issues without your further participation. All conferences are 

set using Central Time.
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ENTERED August 5, 2022.

______________________________________

DALE TIPPS, JUDGE

Court of Workers’ Compensation Claims

Exhibits:

1. Mr. Freeman’s Rule 72 Declaration

2. Transcript of Dr. Larry Gibson’s deposition

3. Concentra Records (identification only)

4. Employer’s indexed medical records

Technical record:

1. Petition for Benefit Determination 

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Employer’s Pre-Hearing Brief

5. Employer’s Exhibit List

6. Employer’s Witness List

7. Employee’s Witness List

CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on August 5, 2022.

Name Certified 

Mail

Fax Email Service sent to:

Joshua Freeman X Jafreeman72@gmail.com

Cole Stinson,

Employer’s Attorney

X Cole.stinson@afgroup.com

______________________________________

 PENNY SHRUM, COURT CLERK

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

Expedited Hearing Order Right to Appeal:

If you disagree with this Expedited Hearing Order, you may appeal to the Workers’ 

Compensation Appeals Board. To appeal an expedited hearing order, you must:

1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the 

Clerk of the Court of Workers’ Compensation Claims within seven business days of the 

date the expedited hearing order was filed. When filing the Notice of Appeal, you must 

serve a copy upon all parties. 

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten 

calendar days after filing of 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 fee. You must file the fullycompleted 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 the appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request 

from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of 

the proceedings is to be filed, a licensed court reporter must prepare the transcript and file 

it with the court clerk within ten business days of the filing the Notice of 

Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both 

parties within ten business days of the filing of the Notice of Appeal. The statement of 

the evidence must convey a complete and accurate account of the hearing. The Workers’ 

Compensation Judge must approve the statement before the record is submitted to the 

Appeals Board. If the Appeals Board is called upon to review testimony or other proof 

concerning factual matters, the absence of a transcript or statement of the evidence can be 

a significant obstacle to meaningful appellate review.

4. If you wish to file a position statement, you must file it with the court clerk within ten

business days after the deadline to file a transcript or statement of the evidence. The 

party opposing the appeal may file a response with the court clerk within ten business 

days after you file your position statement. All position statements should include: (1) a 

statement summarizing the facts of the case from the evidence admitted during the 

expedited hearing; (2) a statement summarizing the disposition of the case as a result of 

the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an 

argument, citing appropriate statutes, case law, or other authority.
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] 
LB-1108 (REV 11/15) RDA 11082

Tennessee Bureau of Workers’ Compensation

220 French Landing Drive, I-B

Nashville, TN 37243-1002

800-332-2667

AFFIDAVIT OF INDIGENCY

I, ________________________________________, having been duly sworn according to law, make oath that 

because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be 

waived. The following facts support my poverty.

1. Full Name: 2. Address: 

3. Telephone Number: 4. Date of Birth: 

5. Names and Ages of All Dependents:

______________________________________ Relationship: 

______________________________________ Relationship: 

______________________________________ Relationship: 

______________________________________ Relationship: 

6. I am employed by: 

My employer’s address is:

My employer’s phone number is: 

7. My present monthly household income, after federal income and social security taxes are deducted, is: 

$ ___________________

8. I receive or expect to receive money from the following sources:

AFDC $ ________ per month beginning 

SSI $ ________ per month beginning 

Retirement $ ________ per month beginning 

Disability $ ________ per month beginning 

Unemployment $ ________ per month beginning 

Worker’s Comp.$ ________ per month beginning 

Other $ ________ per month beginning 
LB-1108 (REV 11/15) RDA 11082

9. My expenses are:

Rent/House Payment $ ________ per month Medical/Dental $ ___________ per month

Groceries $ ________ per month Telephone $ per month

Electricity $ ________ per month School Supplies $ per month

Water $ ________ per month Clothing $ per month

Gas $ ________ per month Child Care $ per month

Transportation $ ________ per month Child Support $ per month

 Car $_________ per month

 Other $ _______ per month (describe: )

10. Assets:

Automobile $ (FMV)

Checking/Savings Acct. $ 

House $ (FMV)

Other $ Describe:

11. My debts are:

Amount Owed To Whom

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete 

and that I am financially unable to pay the costs of this appeal.

_

APPELLANT

Sworn and subscribed before me, a notary public, this 

_______ day of , 20_______.

NOTARY PUBLIC

My Commission Expires: