TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT COOKEVILLE

JONATHAN MCCULLOUGH, ) Docket No. 2021-04-0323

 Employee, )

v. )

)

TENNECO AUTOMOTIVE, ) State File No. 92082-2021

 Employer, )

and )

)

INDEMNITY INSURANCE CO. ) Judge Dale Tipps

OF NORTH AMERICA, )

 Insurance Carrier. )

EXPEDITED HEARING ORDER DENYING BENEFITS

The Court held an Expedited Hearing on July 7, 2022, to determine whether Mr. 

McCullough is entitled to medical and temporary disability benefits. The Court finds the 

evidence does not support Mr. McCullough’s contention that his alleged workplace fall

was the primary cause of his current back symptoms. Therefore, the Court cannot hold 

that he is likely to prevail at a hearing on the merits.

History of Claim

Mr. McCullough alleged he slipped and fell in the bathroom at work on October 1, 

2021. He testified that a few minutes after returning to his job, his back began hurting. 

Because he had a long history of back injuries, he felt he needed medical attention, so he 

reported the injury to his supervisor and went to the emergency room.

When Tenneco disputed the accident occurred as he described and denied the claim,

Mr. McCullough sought unauthorized treatment with Dr. Narendra Singh.

Neither party offered medical records as evidence, but Tenneco submitted a 

questionnaire completed by Dr. Singh. In response to whether Mr. McCullough’s 

FILED

Jul 08, 2022

01:53 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
treatment for his back complaints was primarily related to his work accident, Dr. Singh 

checked “No.” He added, “It is my opinion that the majority of his spine complaints are 

currently related to underlying degenerative changes and facet joint disease.”

At the conclusion of the hearing, Mr. McCullough requested medical treatment and 

temporary disability benefits. Tenneco contended that Mr. McCullough was not entitled 

to any benefits because he presented no medical proof that his employment was the primary 

cause of his condition.

Findings of Fact and Conclusions of Law

For the Court to grant Mr. McCullough’s requests, he must prove he is likely to 

prevail at a hearing on the merits. 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). 

To prove that his back condition is a compensable injury, Mr. McCullough must 

show that it arose primarily out of and in the course and scope of his employment. This 

includes the requirement that he must show “to a reasonable degree of medical certainty 

that [the incident] contributed more than fifty percent (50%) in causing the . . . disablement 

or need for medical treatment, considering all causes.” “Shown to a reasonable degree of 

medical certainty” means that, in the opinion of the treating physician, it is more likely than 

not considering all causes as opposed to speculation or possibility. Tenn. Code Ann. § 50-

6-102(14).

Applying this standard to Mr. McCullough’s claim, the Court has only one medical 

causation opinion – Dr. Singh’s conclusion that his symptoms were not primarily caused 

by his alleged work accident, but by his pre-existing condition. Without a contrary opinion, 

the analysis ends, and the Court cannot find Mr. McCullough is likely to prove a 

compensable claim.1 See Berdnik v. Fairfield Glad Cmty. Club, 2017 TN Wrk. Comp. 

App. Bd. LEXIS 32, at *14-16 (May 18, 2017) (where an employer has presented expert 

medical proof that the employee's condition is not work-related, the employee must present 

expert medical proof that the alleged injury is causally related to the employment).

IT IS, THEREFORE, ORDERED as follows:

1. Mr. McCullough’s claims against Tenneco Automotive for medical and temporary 

disability benefits are denied at this time.

2. This case is set for a Scheduling Hearing on September 14, 2022, at 9:30 a.m. You 

1 Because the claim is denied on causation grounds, the Court will not address the dispute over the accident 

details at this time.
must call toll-free at 855-874-0473 to participate. Failure to call might result in a 

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

set using Central Time.

ENTERED July 8, 2022.

______________________________________

DALE TIPPS, JUDGE

Court of Workers’ Compensation Claims

Exhibits:

1. Mr. McCullough’s Rule 72 Declaration

2. Affidavit of Michael Howard (identification only)

3. Affidavit of Dallas Jones (identification only)

4. First Report of Injury

5. Dr. Narendra Singh’s responses to medical questionnaire

6. Wage Statement

Technical record:

1. Petition for Benefit Determination 

2. Dispute Certification Notice

3. Request for Expedited Hearing

4. Employer’s Pre-Expedited Hearing Brief

5. Employer’s Exhibit List

CERTIFICATE OF SERVICE

I certify that a copy of the Expedited Hearing Order was sent as indicated on July 8,

2022.

Name Certified 

Mail

Fax Email Service sent to:

Jonathan McCullough,

Employee

X mcculloughjonathan8@gmail.com

Sarah H. Reisner,

Jasmyn McCalla,

Employer’s Attorneys

X sreisner@manierherod.com

jmccalla@manierherod.com

______________________________________

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]