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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT KNOXVILLE

PAUL GOOKENBARGER, ) Docket No. 2021-03-0696

Employee, )

v. )

KROGER COMPANY )

Employer, ) State File No. 59262-2018

And )

ABIGAIL HUDGENS, )

Administrator of the 

Bureau of Workers’ Compensation, 

Subsequent Injury Fund.

)

)

)

Judge Brian K. Addington

EXPEDITED HEARING ORDER

DENYING MEDICAL BENEFITS

Paul Gookenbarger filed a request for expedited hearing seeking additional medical 

benefits with Dr. Patrick Bolt for his back injury. Kroger defended on the grounds that Mr. 

Gookenbarger did not file a petition for benefit determination within one year of the last 

voluntary payment, so that the statute of limitations bars his case. After a June 3, 2022 

hearing, the Court holds at this time that Mr. Gookenbarger is not likely to succeed at a 

hearing on the merits in proving he timely filed his case. 

Claim History

Mr. Gookenbarger testified that he injured his back lifting crates on July 20, 2018. 

He treated first with a walk-in clinic, but he then selected Dr. Bolt from a panel of 

physicians, when the providers at the clinic made an orthopedic referral.

Dr. Bolt originally ordered injections and/or surgery. However, Kroger denied the 

surgery through utilization review, which felt physical therapy was more appropriate. Dr. 

Bolt disagreed with any physical therapy before injections or surgery. Eventually, the 

parties reached an agreement, and Dr. Bolt performed surgery, after which Mr. 

Gookenbarger underwent physical therapy. Dr. Bolt released Mr. Gookenbarger for work 

and assigned a nine-percent whole body impairment on September 11, 2019. 

FILED

Jun 08, 2022

07:12 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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According to Kristy Lykins, claims adjuster, the last payment made by Kroger on 

Mr. Gookenbarger’s claim was to Dr. Bolt on October 10, 2019. She then twice reached 

out by letter to Mr. Gookenbarger to settle his case but received no reply. 

Mr. Gookenbarger testified that he did not receive any correspondence from Kroger 

after his last appointment with Dr. Bolt, but he believed that he would continue to have 

medical treatment for life because he had sustained a work injury. However, when he later 

tried to get medical treatment, Kroger told him his case was closed. To obtain medical 

benefits, he filed a petition for benefit determination on July 9, 2021. 

Mr. Gookenbarger argued that he needs medical treatment for the pain in his back 

that radiates into his right leg. Kroger countered that the statute of limitations had run, thus 

barring his claim. 

Findings of Fact and Conclusions of Law

At an expedited hearing, Mr. Gookenbarger must provide sufficient evidence to 

show he is likely to prevail at a hearing on the merits. See 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).

Mr. Gookenbarger has shown that he injured his back at work and is suffering with 

pain associated with his injury. However, Kroger presented a defense that the statute of 

limitations has run. According to Tennessee Code Annotated § 50-6-203(b)(2) (2018), a 

claim is barred unless an injured worker files a petition for benefit determination within 

one year of the last authorized doctor visit or last payment of compensation. 

Here, Mr. Gookenbarger testified he filed his petition on July 9, 2021, and Ms. 

Lykins testified by affidavit that Kroger last paid benefits on October 10, 2019. Thus, Mr. 

Gookenbarger filed his petition more than one year after Kroger’s last payment on his 

claim. At this time, the Court finds that Mr. Gookenbarger is unlikely to succeed at a 

hearing on the merits in proving he timely filed his petition for benefit determination.

IT IS ORDERED AS FOLLOWS: 

1. The Court denies Mr. Gookenbarger’s request for medical benefits.

2. The Court sets a Scheduling Hearing on July 11, 2022, at 10:00 a.m. 

Eastern Time. The parties must call 855-543-5044 to participate in the 

hearing. Failure to call may result in a determination of issues without the 

party’s participation.
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ENTERED June 8, 2022.

______________________________________

BRIAN K. ADDINGTON, JUDGE

Court of Workers’ Compensation Claims

APPENDIX

Exhibits

1. Rule 72 Declaration of Paul Gookenbarger

2. First Report of Injury

3. Wage Statement

4. Employee’s Choice of Physicians 

5. Medical Records of Dr. Patrick Bolt 

6. Correspondence 

7. Employer’s Notice of Filing

Affidavit of Kristy Lykins

Dr. Patrick Bolt medical record

Technical record 

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Hearing Request (Expedited)

4. Hearing Request (Scheduling)

5. Employer’s Expedited Hearing Brief
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CERTIFICATE OF SERVICE

I certify that a copy of the Show Cause Order was sent on June 8, 2022.

Name Certified 

Mail

Fax Email Service sent to:

Paul Gookenbarger,

Employee

X X 305 Ashley Dr. 

Seymour, TN 37865

paul2401@sbcglobal.net

Heather Douglas,

Employer’s Attorney

X hdouglas@manierherod.com

jmacnair@manierherod.com

Lindsay Hall,

Fund Attorney

X lindsay.n.hall@tn.gov

______________________________________

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]