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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

MARIO HARPER, ) Docket No. 2019-08-0055

Employee, )

v. ) State File No. 3628-2019

FLAVA HOUSE, LLC, )

Uninsured Employer. ) Judge Amber E. Luttrell

COMPENSATION ORDER

The Court held a Compensation Hearing on January 6, 2021, on Mr. Harper’s 

request for medical benefits and temporary disability benefits for burn injuries he sustained 

working for Flava House, LLC. Flava House has not participated in this case and did not 

appear for the Compensation Hearing. For the reasons below, the Court holds Mr. Harper 

is entitled to the requested benefits. 

Claim History

Mr. Harper, a Tennessee resident, worked as a grill cook for Flava House. He 

testified he earned $13 per hour and worked fifty-two hours per week.

On July 22, 2018, Mr. Harper sustained burns when he reached for a pan on the 

stove and a fire ignited, which caught his left arm and legs on fire. A coworker assisted 

him and called the owner to report the accident. The owner returned and spoke to Mr. 

Harper before the ambulance transported him to the hospital. Flava House terminated Mr. 

Harper that day and did not pay worker’s compensation benefits.

Mr. Harper received emergency treatment, including surgery, at Regional One 

Health Hospital. Dr. William Hickerson treated Mr. Harper for second degree-burns to his 

left arm and both legs. Dr. Hickerson testified that he treated Mr. Harper’s left-arm burn 

with a skin substitute and thought his leg wounds would heal on their own. 

Mr. Harper stayed in the hospital several days and then underwent outpatient

treatment at the Wound Care Center through September 14, 2018. Dr. Hickerson testified 

FILED

Jan 22, 2021

02:09 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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that on that date, “everything was healed and he was discharged.” Dr. Hickerson stated he 

would have restricted Mr. Harper from working due to his injuries from July 23 through 

his September 14 discharge date. Further, Dr. Hickerson reviewed Regional One Health’s 

bills and testified they represented reasonable, necessary, and customary charges for the 

work injury.

At trial, Mr. Harper asserted that Flava House did not have workers’ compensation 

insurance coverage on his injury date and offered proof to seek discretionary benefits from 

the Bureau’s Uninsured Employers Fund. 

Emily Bragg, Mr. Harper’s former attorney, testified regarding his request for 

benefits from the Uninsured Employers Fund under Tennessee Code Annotated section 50-

6-801(d). Specifically, she testified concerning the timeframe of her efforts to determine 

Flava House’s insurance coverage and when she provided notice to the Bureau as required 

under section 50-6-801(d)(4). 

Ms. Bragg stated she performed an insurance coverage verification search on Flava 

House through the Bureau’s website on August 10, 2018, and the website showed Flava 

House had workers’ compensation insurance. A few days later, she sent a letter of 

representation to Flava House and was contacted by an attorney, who stated he represented

Flava House in this claim. She understood from the attorney that Flava House had workers’ 

compensation insurance for the claim.

Ms. Bragg testified she first learned Flava House might not have been insured on 

January 15, 2019, when the attorney informed her that he was not going to represent Flava

House. She filed a Petition for Benefit Determination that day, and the Bureau assigned a 

Compliance Specialist to initiate a coverage investigation on January 17.

The Bureau’s Compliance Specialist investigated Flava House’s coverage status

and prepared an Expedited Request for Investigation Report containing his findings. The 

report stated that Flava House was subject to the Workers’ Compensation Law and did not 

have insurance at the time of Mr. Harper’s injury.

Findings of Fact and Conclusions of Law

At a Compensation Hearing, Mr. Harper must prove by a preponderance of the 

evidence that he is entitled to the requested benefits. Willis v. Allstaff, 2015 TN Wrk. Comp. 

App. Bd. LEXIS 42, at *18 (Nov. 9, 2015); see also Tenn. Code Ann. § 50-6-239(c)(6) 

(2019). 

Based on the uncontroverted proof, the Court holds the preponderance of the 

evidence showed Mr. Harper sustained an injury arising primarily out of and in the course 

and scope of his employment on July 22, 2018. Therefore, the Court turns to his requested 
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workers’ compensation benefits.1

Regarding medical benefits, the Workers’ Compensation Law requires that an 

employer furnish medical treatment made reasonably necessary by an injury. Tenn. Code 

Ann. § 50-6-204(a)(1)(A). Flava House did not do so, and Mr. Harper was forced to seek 

treatment on his own. Accordingly, Flava House shall pay Mr. Harper’s past medical 

expenses for treatment of his injuries in Exhibit 5 and provide ongoing treatment. The 

Court designates Dr. Hickerson as the authorized treating physician. 

Next, the Court addresses Mr. Harper’s claim for temporary total disability benefits

(TTD). He testified without contravention regarding the details of his accident, and the 

medical records and Dr. Hickerson’s testimony confirm both the injury and his treatment 

for it. Dr. Hickerson testified he would have restricted Mr. Harper from work from July 23

through September 14, 2018. Thus, the Court holds Mr. Harper proved his disability 

resulted from the accident, a causal connection between his injury and the accident, and 

the duration of his disability. See Jones v. Crencor Leasing and Sales, 2015 TN Wrk. 

Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015).

As to the amount of TTD, Mr. Harper’s unrefuted testimony was that he worked 52 

hours per week at the rate of $13 per hour, which results in an average weekly wage of 

$676.

2 Based on that average weekly wage, he is entitled to a compensation rate of $450.69

from July 23 to September 14, 2018, a period of 7.7 weeks, or $3,470.31.

As the prevailing party, Mr. Harper’s counsel submitted an affidavit requesting 

discretionary costs under Rule 54 of the Tennessee Rules of Civil Procedure. Rule 54.04(2) 

provides recovery for reasonable and necessary “court reporter expenses for depositions” 

and “expert witness fees for depositions.” See Garassino v. W. Express, Inc., No. M2016-

02431-SC-R3-WC, 2018 Tenn. LEXIS 60, at *8-9 (Tenn. Workers’ Comp. Panel Feb. 8, 

2018).

Here, Mr. Harper’s counsel requested costs totaling $1,776.67, representing Dr. 

Hickerson’s deposition fee, the court reporter fee for Dr. Hickerson’s deposition, costs for 

requests for medical records, and administrative expenses. The Court holds Dr. 

Hickerson’s deposition fee and the court reporter fee are recoverable discretionary costs 

under Rule 54. Thus, the Court holds Flava House, LLC shall pay discretionary costs of 

1 Mr. Harper did not introduce any proof of permanent disability or make that request; therefore, no 

permanent disability benefits are awarded.

2 Tennessee Compilation Rules and Regulations 0800-02-21-.10(3) (Aug. 2019) requires in part that an 

employer must file a wage statement with the Clerk within fifteen days after the filing of a dispute 

certification notice. Flava House did not file a wage statement, so the Court relied on Mr. Harper’s 

unrebutted testimony. 
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$1705.00.3 The Court denies the remaining costs.

Finally, because Flava House did not have workers’ compensation insurance at the 

time of the injury, the Uninsured Employers Fund has discretion to pay limited benefits if 

certain criteria are met. (See attached Benefits Request Form.) Mr. Harper must show, 

through the testimony, medical records, and the Bureau’s Compliance report, that he: 1) 

worked for an uninsured employer; 2) suffered an injury arising primarily within the course 

and scope of employment on or after July 1, 2015; 3) was a Tennessee resident on the date 

of injury; 4) provided notice to the Bureau of the injury and of the employer’s lack of 

coverage within sixty days of the injury; and, 5) secured a judgment for workers’ 

compensation benefits against Flava House for the injury. Tenn. Code Ann. § 50-6-

801(d)(1)-(5).

The Court finds Mr. Harper, a Tennessee resident, worked for an uninsured 

employer, Flava House, LLC, and proved by a preponderance of the evidence that he 

suffered an injury arising primarily from his employment on July 22, 2018. Further, this 

order serves as a judgment for benefits. Regarding notice to the Bureau within sixty days, 

Mr. Harper showed through Ms. Bragg’s testimony that he reasonably relied on the

coverage check on the Tennessee website and the statements of Flava House’s counsel

until, on January 15, 2019, he learned Flava House no longer had attorney representation 

and likely no workers’ compensation insurance. He then filed a Petition for Benefit 

Determination that same day, which was within 60 days of learning of the lack of coverage.

Thus, the Court holds that Mr. Harper satisfied the requirements of section 50-6-

801(d) to seek discretionary payment through the Uninsured Employers Fund.

IT IS, THEREFORE, ORDERED as follows:

1. Flava House, LLC shall pay temporary total disability benefits from July 23 through 

September 14, 2018, in the amount of $3,470.31.

2. Flava House, LLC shall provide Mr. Harper future medical treatment under 

Tennessee Code Annotated section 50-6-204(a)(1)(A). The Court designates Dr. 

Hickerson as the authorized physician.

3. Flava House, LLC shall pay Mr. Harper’s past medical bills from Regional One 

Health attached as Exhibit 5.

4. Flava House, LLC shall pay Mr. Harper’s discretionary costs of $1,705.00.

3 Mr. Harper’s counsel is waiving the twenty-percent attorney’s fee to which he is entitled under Tennessee 

Code Annotated section50-6-226 (2019). 
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5. Costs of $150.00 are assessed against Flava House, LLC under Tennessee 

Compilation Rules and Regulations 0800-02-21-.07 (August 2019), to be paid 

within five days of this order becoming final.

6. Mr. Harper’s counsel shall prepare and file the SD-2 with the Clerk within ten 

business days of the date of this order under Tennessee Code Annotated section 50-

6-224.

7. Unless appealed, the order shall become final thirty days after issuance.

ENTERED January 22, 2021.

_____________________________________

JUDGE AMBER E. LUTTRELL

Court of Workers’ Compensation Claims

Appendix

Exhibits

1. Petition for Benefit Determination

2. Request for Investigation

3. Expedited Request for Investigation Report

4. Dr. Hickerson’s deposition

5. Regional One Health medical bills and records

Technical Record

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Scheduling Order

4. Motion for Status Conference to Continue Scheduling Order Deadlines

5. Order Granting Motion to Extend

6. Dispute Certification Notice (post-discovery)

7. Order Continuing Compensation Hearing

8. Order Setting Compensation Hearing

9. Employee’s Notice of Exhibits

10.Employee’s Compensation Hearing Brief

11.Employee’s Pre-Compensation Hearing Statement

12.Order Continuing Compensation Hearing

13.Order Resetting Compensation Hearing

14.Notice of Compensation Hearing

15.Certified mail sent to Flava House of Notice of Compensation Hearing
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16.Employee’s Motion to Present Witness by Telephone

17.Notice of Compensation Hearing by Videoconference

18.Certified mail sent to Flava House of Notice of Compensation Hearing by 

Videoconference

19.Jonathan Louis May’s Affidavit of Case Expenses

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on January 22, 2021.

Name Certified 

Mail

Mail Email Service sent to:

Jonathan May, 

Employee’s Attorney

X jmay@forthepeople.com

shaynes@forthepeople.com

Flava House, 

Uninsured Employer

X X 3279 Kirby Parkway

Memphis, TN 38115

and

7761 Roxshire Cove, 

Memphis, TN 38125

LaShawn Pender,

Program Coordinator

X Lashawn.pender@tn.gov

wc.memphis@tn.gov

Compliance Unit X Amanda.terry@tn.gov

_________________________________

 Penny Shrum, Court Clerk

wc.courtclerk@tn.gov
Compensation Hearing Order Right to Appeal: 

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

Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’ 

Compensation Appeals Board, 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 thirty calendar days of the date the 

compensation hearing 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 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 filing 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 

your 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. A licensed court 

reporter must prepare a transcript and file it with the court clerk within fifteen calendar 

days of the filing the Notice of Appeal. Alternatively, you may file a statement of the 

evidence prepared jointly by both parties within fifteen calendar 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 of 

the evidence 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. 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. The appealing party 

has fifteen calendar days after the date of that notice to submit a brief to the Appeals Board. 

See the Practices and Procedures of the Workers’ Compensation Appeals Board. 

To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing 

Order must be final and you must comply with the Tennessee Rules of Appellate Procedure. 

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. See Tenn. Code Ann. § 

50-6-239(c)(7).

For self-represented litigants: Help from an Ombudsman is available at 800-332-2667. 
NOTICE OF APPEAL 

Tennessee Bureau of Workers’ Compensation www.tn.gov/workforce/injuries-atwork/ 

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 1 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]