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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

SHANEACE BROOKS, ) Docket No. 2020-08-0689

Employee, )

v. )

FEDERAL EXPRESS 

CORPORATION,

)

)

State File No. 39488-2019

Employer, )

And ) Judge Brian K. Addington

INDEMNITY INSURANCE 

COMPANY OF NORTH AMERICA,

)

)

Carrier. )

COMPENSATION ORDER

The Court held a Compensation Hearing on December 2, 2022. Ms. Brooks 

requested medical and permanent partial disability benefits relating to a May 30, 2019, 

serious work accident. FedEx contended that Ms. Brooks did not introduce sufficient 

medical evidence to support her claim. For the following reasons, the Court holds that Ms. 

Brooks is entitled to future medical benefits for her physical injury but no disability 

benefits or treatment for her alleged mental injury. 

History of Claim

A motorized tug ran over Ms. Brooks at work on May 30, 2019. The impact crushed

her right leg and caused multiple fractures and large lacerations. She spent weeks in the 

hospital recovering from multiple surgeries, including skin grafts, performed by Dr. John 

Weinlien.

After months of treatment, Dr. Weinlien eventually released Ms. Brooks for 

sedentary work in January 2020. She resigned her job with FedEx in February to focus on 

her health and to work as a hairdresser. In May, Dr. Weinlien placed Ms. Brooks at 

maximum medical improvement, released her to full-duty work, and assigned an 

impairment rating. 

FILED

Dec 13, 2022

12:02 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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A few weeks later, Ms. Brooks began treatment with psychiatrist Melvin Goldin for 

post-traumatic stress disorder. He finished treating her in July and gave her a zero-percent 

impairment rating. However, Ms. Brooks continued to have symptoms after her release

and returned to Dr. Goldin for additional treatment. Ultimately, Dr. Goldin stated Ms. 

Brooks’s current problems were not related to her work incident.

Ms. Brooks was dissatisfied with Dr. Weinlien’s rating as well as Dr. Goldin’s 

treatment. She did not want to take any medications that would interfere with her work as 

a hairdresser and felt her providers could do more to bring her back to her pre-injury state. 

She believed her depression was caused by her work injury, and it needed to be properly 

addressed. She wanted to choose her own providers. 

Federal Express countered that she is at maximum medical improvement, and she 

had not submitted medical evidence to contradict the treatment and opinions of the 

authorized physicians. Neither party took expert depositions.

Findings of Fact and Conclusions of Law

At a Compensation Hearing, Ms. Brooks must present sufficient evidence showing 

that she is entitled to the requested relief by a preponderance of the evidence. Tenn. Code 

Ann. § 50-6-239(c)(6) (2022). Further, the Court can only consider issues certified by a 

mediator on the Dispute Certification Notice. Tenn. Code Ann. § 50-6-239(a)-(b)(1). 

Here, the only issue marked disputed was permanent disability benefits.

Regarding this issue, Ms. Brooks argued that Dr. Weinlien did not use the Sixth 

Edition of the American Medical Association’s Guides to the Evaluation of Permanent 

Impairment correctly. However, she did not present expert medical proof showing why 

Dr. Weinlien’s rating was incorrect or providing a contrary rating.

As with any workers’ compensation injury, the Court must first determine whether 

the injury is causally related to Ms. Brooks’s accident. While expert testimony is normally 

necessary to prove causation, the Court holds that the cause of Ms. Brooks’s physical 

injuries was simple and obvious, and therefore she did not need to present expert medical

evidence to support a finding that she suffered physical injuries that arose primarily out of 

and in the course and scope of her employment. Cloyd v. Hartco Flooring Co., 274 S.W.3d 

638, 643 (Tenn. 2008) (quoting Orman v. Williams Sonoma, Inc., 803 S.W.2d 672, 676 

(Tenn. 1991)).

However, when it comes to permanent disability, it was necessary for Ms. Brooks 

to support her contentions with expert medical evidence. She did not introduce expert 

medical evidence: either a C-32 form under Tennessee Code Annotated Section 50-6-

235(c)(1) or any medical deposition testimony. The Court cannot substitute its opinion for 

that of medical professionals.
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Thus, although Ms. Brooks proved she suffered an obvious injury at work, she did 

not prove the extent of the permanency of her injury. The Court can only find that she is 

entitled to continued medical treatment with Dr. Weinlien. Ms. Brooks is not entitled to 

treat with a different physician solely on her lay opinion that Dr. Weinlien did not 

appropriately address her injury or impairment. 

Ms. Brooks’s lack of expert medical opinion also defeats her claim for additional 

treatment and permanent disability benefits for her psychological injury. Because Dr. 

Goldin’s last medical note says that Ms. Brooks’s current problems were not related to her 

leg injury, and Ms. Brooks did not provide any contrary medical opinions, the Court cannot 

award her further medical or permanent disability benefits for her alleged psychological 

injury. 

IT IS, THEREFORE, ORDERED as follows:

1. Federal Express shall pay future medical benefits for Ms. Brooks’s right-leg 

injury under Tennessee Code Annotated section 50-6-204.

2. The Court taxes the $150.00 filing fee to Federal Express, to be paid to the Court 

Clerk under Tennessee Compilation Rules and Regulations 0800-02-21-.06 (2022) 

within five business days of this order becoming final, and for which execution 

might issue if necessary.

3. Federal Express shall prepare and submit to the Court Clerk a Statistical Data 

Form (SD2) within five business days of this order becoming final. 

4. Unless appealed, this order shall become final thirty days after issuance.

ENTERED December 13, 2022.

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims
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Appendix

Exhibits: 

1. Affidavit of Shaneace Brooks

2. Wage Statement

3. Final Medical Report

4. Medical Records of Regional One Health1

5. Medical Records of Dr. Melvin Goldin

6. Medical Records of Campbell Clinic

7. Medical Records of Ortho South

8. Photographs (collective)

9. Journal entries

10. Email (for identification only)

11. Text messages (for identification only)

12. Web page print out (for identification only)

13. Final Medical Report (for identification only)2

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Employer’s Position Statement

4. Hearing Request

5. Scheduling Order

6. Transfer Order

7. Notice of Appearance

8. Pre-Compensation Hearing Brief of Employer/Carrier

9. Pre-Compensation Hearing Statement of Employer/Carrier

10. Employer/Carrier’s List of Proposed Witnesses for Compensation Hearing

11. Employer/Carrier’s List of Proposed Exhibits for Compensation Hearing

12. Final Dispute Certification Notice

1 The Court did not consider hearsay within any of the medical record exhibits. 

2 Exhibits 10-12 were not timely submitted to the Court and were not considered. A search for exhibit 13 

shows it was not submitted before the hearing and is thus excluded from evidence. 
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CERTIFICATE OF SERVICE

I certify that a correct copy of this Order was sent on December 13, 2022.

Name Certified 

Mail

Fax Email Service sent to:

Shaneace Brooks,

Employee

X X 924 Restbrook Ave.

Memphis, TN 38124

bshaneace@yahoo.com

Stephen Miller and 

Joseph Baker,

Employer’s Attorneys

X smiller@mckuhn.com

jbaker@mckuhn.com

mdoherty@mckuhn.com

______________________________________

PENNY SHRUM, COURT CLERK

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

Compensation Order Right to Appeal:

If you disagree with this Compensation 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 within thirty calendar days of the date the 

Compensation Order was filed. When filing the Notice of Appeal, you must serve a copy 

upon 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. The Court Clerk 

will prepare the technical record and exhibits for submission to the Appeals Board, and you 

will receive notice once it has been submitted. 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. 

A licensed court reporter must prepare a transcript, and you must file it with the Court Clerk 

within fifteen calendar days of filing the Notice of Appeal. Alternatively, you may file a 

statement of the evidence prepared jointly by both parties within fifteen calendar days of 

filing the Notice of Appeal. The statement of the evidence must convey a complete and 

accurate account of the testimony presented at the hearing. The Workers’ Compensation 

Judge must approve the statement of the evidence before the record is submitted to the 

Appeals Board. If the Appeals Board must 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. 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. You have fifteen 

calendar days after the date of that notice to file a brief to the Appeals Board. See the Rules 

governing the Workers’ Compensation Appeals Board on the Bureau’s website

If neither party timely files an appeal with the Appeals Board, the trial court’s Order will 

become final by operation of law thirty calendar days after entry. Tenn. Code Ann. § 50-6-

239(c)(7).
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: