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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS 

AT MURFREESBORO

WENDY CUNNINGHAM ) Docket No.: 2019-05-1358

Employee, )

v. )

)

TRUSTPOINT HOSPITAL, LLC, ) State File No.: 48297-2018

Employer, )

)

And )

)

ACE AMERICAN INS. CO., ) Judge Dale Tipps

Carrier. )

EXPEDITED HEARING ORDER

GRANTING BENEFITS

(DECISION ON THE RECORD)

This case came before the Court on Wendy Cunningham’s Request for an Expedited 

Hearing on the record. The sole issue is whether Ms. Cunningham is likely to prove at a 

hearing on the merits that Trustpoint must pay for treatment provided by Dr. Keith Caruso. 

For the reasons below, the Court holds she is likely to meet this burden.

History of Claim

This is the fourth expedited hearing in this case. Most recently, the Court issued an

Expedited Hearing Order on August 10, 2021, requiring Trustpoint to provide a panel of 

psychiatrists. Ms. Cunningham selected Dr. Caruso from the panel and began treatment. 

After treating with Dr. Caruso for a few months, Ms. Cunningham filed this Request 

for Expedited Hearing. Trustpoint filed no response. The Court issued a docketing notice 

allowing the parties until April 6, 2022, to file objections or submit position statements. 

Neither party filed any response or objections. 

FILED

Apr 08, 2022

08:57 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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Findings of Fact and Conclusions of Law

Ms. Cunningham must present sufficient evidence showing she is likely to prevail 

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

The Workers’ Compensation Law provides that “the employer or the employer’s 

agent shall furnish, free of charge to the employee, such medical and surgical treatment . . 

. made reasonably necessary by accident[.]” Tenn. Code Ann. § 50-6-204(a)(1)(A). Thus, 

the specific questions before the court are whether Dr. Caruso is Ms. Cunningham’s 

authorized physician and, if so, whether Trustpoint has provided the treatment required 

under Section 204(a)(1)(A).

Regarding the first question, Ms. Cunningham’s Rule 72 Declaration shows that Dr. 

Caruso is her authorized treating psychiatrist. Because this was the only proof submitted, 

the Court finds that she is likely to prove this element of her claim.

Next, the Court considers whether Trustpoint provided the treatment required under 

Section 204(a)(1)(A). Dr. Caruso’s treatment note and emails show that he recently

suspended Ms. Cunningham’s treatment because Trustpoint failed to pay his invoices 

dating back to November. Again, the undisputed proof suggests Ms. Cunningham is likely 

to show that Trustpoint failed to pay for her authorized medical treatment. The Court finds 

that this is tantamount to failing to provide treatment.

Because of Trustpoint’s failure to pay for medical treatment previously ordered by 

the Court, the Court refers this case to the Compliance Program for investigation and

potential assessment of a civil penalty. Upon its issuance, a copy of this Order will be sent 

to the Compliance Program. See Tenn. Comp. R. & Regs. 0800-02-24-.03.

IT IS, THEREFORE, ORDERED as follows:

1. Trustpoint shall provide Ms. Cunningham with medical treatment made reasonably 

necessary by her June 15, 2018 injury, including continuing treatment with Dr. 

Caruso. This treatment shall include payment of Dr. Caruso’s outstanding bills

within ten days of this order.

2. This case is referred to the Compliance Program for consideration of the imposition 

of a penalty regarding Trustpoint’s failure to provide authorized medical treatment 

as ordered by the Court.

3. This case remains set for a Status Hearing on May 4, 2022, at 9:30 a.m. Please call 

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

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

set using Central Time.
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4. 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 

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 WCCompliance.Program@tn.gov.

ENTERED April 8, 2022.

_____________________________________

Judge Dale Tipps

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Ms. Cunningham’s March 4, 2022 Rule 72 Declaration Under Penalty of Perjury

2. Exhibits to the March 7 Request for Expedited Hearing

3. Exhibits admitted into evidence during prior expedited hearings

Technical record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Ms. Cunningham’s Legal Brief in Support of Petition for Medical Benefits

5. Trustpoint’s Objection to Request for Expedited Hearing

6. Ms. Cunningham’s Reply Brief to Objection

7. Trustpoint’s Position Statement

8. July 9, 2021 Request for Expedited Hearing

9. Trustpoint’s July 16, 2021 Response to Request for Expedited Hearing

10.Ms. Cunningham’s July 19, 2021 Reply

11.July 27, 2021 Docketing Notice

12.Trustpoint’s August 5, 2021 Additional Response to Request for Expedited 

Hearing

13.Ms. Cunningham’s March 7, 2022 Request for Expedited Hearing
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CERTIFICATE OF SERVICE

I certify that a copy of the Expedited Hearing Order was sent as indicated on April 

8, 2022.

Name Certified 

Mail

Via 

Email

Service sent to:

Christopher D. Markel,

Employee’s attorney

X cmarkel@markelfirm.com

Kitty Boyte,

Employer’s attorney

X kboyte@constangy.com

Compliance Program X WCCompliance.Program@tn.gov

_____________________________________

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

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]