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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT NASHVILLE

SONDRA L. CLAYBROOKS, ) Docket No 2020-06-0489

Employee, )

v. )

INSIGHT GLOBAL, LLC, ) State File No. 23248-2020

 Employer, )

And )

TWIN CITY FIRE INS. CO.,

 Carrier.

)

)

Judge Robert Durham

EXPEDITED HEARING ORDER

This case came before the Court on February 26, 2021, for an Expedited Hearing. 

Ms. Claybrooks sought medical and temporary disability benefits for various injuries she 

allegedly sustained from a slip and fall at work. The Court holds that Ms. Claybrooks did 

not establish she is likely to prove entitlement to reimbursement for past expenses or 

temporary disability benefits. However, Insight is required to provide a panel of 

orthopedists to treat any injuries caused by her fall.

History of Claim

Ms. Claybrooks’s undisputed testimony was that on May 9, 2019, she went to the 

restroom while at a work meeting. She slipped on the wet restroom floor, causing her 

legs to “split” before she fell on her right side. She immediately reported the fall to her 

manager, Kwaneka Fields, completed an accident report, and sought care at Vanderbilt 

Health Clinic (VHC).

1 Insight did not provide a panel.

Ms. Claybrooks treated with Deborah Baker, P.A. at VHC. She complained of 

pain in her right hip and buttock, and her x-rays revealed mild osteoarthritis. P.A. Baker 

diagnosed a right hip/hamstring/low back strain and recommended over-the-counter pain 

medications after Ms. Claybrooks declined an NSAID injection. PA Baker 

 1 It is unclear from the record whether Insight authorized Ms. Claybrooks’ visit to VHC.

FILED

Mar 03, 2021

07:45 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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recommended that she follow up with an orthopedist if her symptoms persisted. Ms. 

Claybrooks testified that P.A. Baker took her off work for five days, but the note does not 

address work status. She did not submit any more records from VHC.

Ms. Claybrooks stated that she returned to work on May 14 after Ms. Fields said

company policy required her to do so. That same day, Abbi Livingston, with Insight’s 

human resources, told her she was turning the claim over to the workers’ compensation 

carrier. Again, Insight did not provide a panel.

Ms. Claybrooks further testified that she returned to VHC several times until Ms. 

Fields told her that she could not take any more time off work. She stated that Insight 

terminated her on July 19 without explanation.

Ms. Claybrooks submitted emails with Ms. Livingston asking about lost wages,

which stated that the claim had been submitted to Insight’s carrier. However, Ms. 

Claybrooks stated that the emails were not her only conversations regarding benefits, and 

she had also requested reimbursement for medical expenses and additional care.

In February and March 2020, Ms. Claybrooks underwent x-rays and an EMG/NCS

at Vanderbilt Orthopedics due to right-hand numbness and tingling. The EMG/NCS

report showed evidence of mild right-carpal tunnel syndrome; however, nothing 

suggested it was work-related. Ms. Claybrooks did not submit any other records 

regarding her hand, hip, knee or low back, although she introduced several pages of 

medical bills from various providers.2

Findings of Fact and Conclusions of Law

Ms. Claybrooks must present evidence from which this Court can determine that 

she is likely to prove at trial that she is entitled to workers’ compensation benefits. See 

generally McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. 

LEXIS 6, at *9 (Mar. 27, 2015). The Court has no reason to doubt that she fell at work as 

she described. However, she must show that her fall caused injuries that required further 

treatment and left her temporarily disabled. The Court finds she has not done so at this 

time.

To prove causation, Ms. Claybrooks must show to a reasonable degree of medical 

certainty that her work injury contributed more than fifty percent in causing her

complaints, considering all causes. “Reasonable degree of medical certainty” means “it 

is more likely than not considering all causes, as opposed to speculation or uncertainty.” 

 2The day before the hearing, Ms. Claybrooks filed another Petition for Benefit Determination alleging she 

suffered an ear injury due to use of her headphones at Insight. The Court informed her that the petition

would be processed as a separate injury and would not be considered at this hearing.
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See Tenn. Code Ann. § 50-6-102(14) (2020). Given that the standard requires “medical 

certainty,” causation generally must be shown through an expert medical opinion. Id. 

Ms. Claybrooks did not submit any medical opinion that addressed the cause of 

her symptoms, the reason for any past treatment, or whether her symptoms restricted her 

employment. Given the record before it, the Court cannot find that she is likely to prove 

causation and thus denies her requests for reimbursement of medical expenses and 

temporary disability benefits.

Even though Ms. Claybrooks did not show a likelihood of prevailing on causation, 

the Court must still consider her entitlement to a panel of physicians under Tennessee 

Code Annotated section 50-6-204(a)(4)(A). It is undisputed that Insight never offered 

her a panel upon receiving notice of her accident. The Appeals Board has held that a lack 

of medical evidence regarding causation does not necessarily eliminate the employer’s 

obligation to provide a physician panel. See Lewis v. Molly Maid, 2016 TN Wrk. Comp. 

App. Bd. LEXIS 19, at *8-9 (Apr. 20, 2016).

Here, it bears repeating that neither Insight nor its carrier presented Ms. 

Claybrooks with a panel of physicians after receiving notice of her work-related accident. 

Insight did not provide any justification for this failure, other than contending that Ms. 

Claybrooks did not establish she required additional care. The Court holds this is an 

insufficient reason and orders Insight to provide Ms. Brooks with a panel of orthopedists

from which she may choose a doctor to treat any injuries caused by her fall at work. In 

addition, the Court refers the issue to the Bureau’s Compliance Program to investigate 

and determine if, and to what extent, it should issue a penalty.

IT IS, THEREFORE, ORDERED that:

1. Ms. Claybrooks’s request for reimbursement for past medical expenses and 

temporary disability benefits is denied at this time.

2. Insight shall provide Ms. Claybrooks with a panel of orthopedists from which she 

can select a doctor to treat any injuries caused by her fall at work.

3. This case is referred to the Bureau’s Compliance Program to determine if, and to 

what extent, a penalty is warranted.

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 Insurer or Self-Insured 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 
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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.

5. This case is set for a Scheduling Hearing on April 16, 2021 at 9:00 a.m. Central 

Time. The parties must call 615-253-0010 or 855-689-9049 toll-free to participate 

in the Scheduling Hearing. Failure to appear might result in a determination of the 

issues without the party’s participation.

ENTERED on March 3, 2020.

_____________________________________

ROBERT DURHAM, JUDGE

Court of Workers’ Compensation Claims

APPENDIX

Technical Record:

1. Petition for Benefit Determination

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Order Granting Employer’s Motion for Witness by Telephone

5. Order Granting Continuance

6. Employer’s Response to Request for Expedited Hearing

7. Order Granting Continuance

Exhibits:

1. EMG/NCS Study

2. Various Medical Bills

3. Advanced Imaging Bill

4. Medical Note Excusing Absence dated July 11, 2019

5. X-Rays of Right Hand

6. Right Hip X-Ray Report

7. C-32 Form Regarding Right Ear

8. Additional Medical Bills

9. Emails between Ms. Claybrooks and Ms. Livingston

10.Petition for Benefit Determination filed on February 25, 2021 (for 

identification only)

11.Medical Records from VHC

12. Operative Report dated February 5, 2021 (for identification only)
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13. Emails between Ms. Claybrooks and Ms. Livingston 

CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on March 3, 2021. 

Name Certified 

Mail

Via

Fax

Via 

Email

Service sent to:

Sondra Claybrooks X Slclay2228@gmail.com

L. Blair Cannon X Blair.cannon@thehartford.com

Compliance Program X WCComplaince.Program@tn.gov 

_____________________________________ 

 Penny Shrum, Clerk of Court 

Court of Workers’ Compensation Claims 

WC.CourtClerk@tn.gov