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TENNESSEE BUREAU OF WORKERS’ COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MURFREESBORO

CLIFTON HOLLAND, ) Docket No. 2019-05-0575

Employee, )

v. )

)

GOODMAN GLOBAL, INC, ) State File No. 22705-2019

INC., )

Employer, )

And )

)

INS. CO. OF NORTH AM. ) Judge Dale Tipps

Carrier. )

EXPEDITED HEARING ORDER GRANTING REQUESTED BENEFITS

This case came before the Court on February 20, 2020, for Mr. Holland’s second

Expedited Hearing. The sole issue was whether Mr. Holland is entitled to temporary 

disability benefits. For the reasons below, the Court holds he is likely to prove 

entitlement to the requested benefits.

History of Claim

In its previous Expedited Hearing Order, the Court found that Mr. Holland is

likely to prevail at a hearing on the merits that he sustained a compensable knee injury on 

January 15, 2019, and that he gave adequate legal notice of that injury. It ordered 

Goodman to provide continuing medical treatment with Dr. Stanton Davis. However, the 

Court denied Mr. Holland’s request for temporary disability benefits for the following 

reasons:

 Temporary total disability (TTD) benefits were not proper because the

Court lacked evidence that any of Mr. Holland’s physicians took him 

completely off work.

FILED

Feb 24, 2020

09:35 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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 Temporary partial disability (TPD) benefits could not be awarded because, 

even though Dr. Davis assigned a number of restrictions on April 24, the 

parties submitted no evidence regarding Mr. Holland’s employment status 

or whether Goodman offered him work within those restrictions.

At the second hearing, the parties confirmed that Goodman complied with the 

previous order and authorized Mr. Holland’s knee surgery, which Dr. Davis performed on 

November 15, 2019. Goodman also began paying TTD benefits at that time. 

Consequently, the parties agreed the benefits currently at issue are temporary disability 

benefits for the period before the surgery.

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Mr. Holland submitted a new affidavit and testified at the second hearing. 

Goodman offered no additional evidence.2 Mr. Holland said that, after Dr. Davis 

assigned restrictions, Goodman allowed him to work restricted duty until June 25. At 

that time, he was given an email from Goodman’s Attendance Coordinator that sent him 

home and informed him that he could not return to work until he was released to full duty 

without restrictions. He left work that day and did not work for any other employer.

Mr. Holland requested temporary disability benefits for the period of time 

Goodman failed to accommodate his restrictions. Goodman contended that Mr. Holland

is not entitled to additional temporary disability benefits. It argued that the Court 

previously held “there is no medical proof holding him off work,” and Mr. Holland failed 

to present any additional evidence on this issue.

Findings of Fact and Conclusions of Law

Mr. Holland must provide sufficient evidence from which this Court might 

determine he is likely to prevail at a hearing on the merits. See Tenn. Code Ann. § 50-6-

239(d)(1) (2019); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. 

Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

Temporary Total Disability

To receive TTD benefits, Mr. Holland must establish that (1) he became disabled 

from working due to a compensable injury; (2) a causal connection between his injury 

and his inability to work; and (3) his period of disability. Jones v. Crencor Leasing and 

Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015). Mr. Holland 

presented no additional medical proof indicating that his physicians took him completely 

off work. Without evidence that he was “disabled from working,” Mr. Holland has not 

 

1 The parties previously stipulated to a weekly compensation rate of $501.43.

2 The Court advised that parties that it intended to rely on previously-admitted exhibits as evidence in this 

hearing rather than requiring them to reintroduce the same exhibits. Neither party objected.
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proven he is likely to succeed on a claim for temporary total disability benefits.

Temporary Partial Disability

Temporary partial disability benefits are available when the temporary disability is 

not total. Specifically, TPD “refers to the time, if any, during which the injured 

employee is able to resume some gainful employment but has not reached maximum 

recovery.” Id. An employee may receive TPD benefits when the treating physician has 

him to return to work with restrictions but the employer either (1) cannot return the 

employee to work within those restrictions or (2) cannot provide restricted work that pays 

the employee’s average weekly wage on the date of injury. Id. at *8. Those benefits are 

“sixty-six and two-thirds percent (66 2/3%) of the difference between the average weekly 

wage of the worker at the time of the injury and the wage the worker is able to earn in the 

worker’s partially disabled condition.” Tenn. Code Ann. § 50-6-207(2)(B).

Contrary to Goodman’s assertions, Mr. Holland’s TPD claim did not fail at the 

first hearing because of a lack of medical proof. As noted above, the Court specifically 

stated in its previous order that Dr. Davis assigned a number of restrictions (no squatting, 

twisting, or climbing) when he saw Mr. Holland on April 24. Instead, the Court denied 

the TPD request because it had no evidence regarding Mr. Holland’s employment status 

and whether Goodman offered him work within his restrictions. He has now remedied 

that deficiency.

Mr. Holland’s affidavit and testimony establish that Goodman terminated his 

light-duty work on June 25 and told him not to return “until he is released to full duty 

without restrictions.” Based on this unrebutted evidence, the Court finds that Goodman 

either could not or would not return him to work within his restrictions between June 26

and November 15. Mr. Holland appears likely, therefore, to succeed on his claim for 

TPD benefits for that time period.

IT IS, THEREFORE, ORDERED as follows:

1. Goodman shall pay Mr. Holland temporary partial disability benefits for the period 

June 26, 2019, to November 15, 2019, at the stipulated compensation rate of 

$501.43 per week or $10,243.50.

2. This case is set for a Scheduling Hearing on May 7, 2020, at 9:00 a.m. You 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.

3. Unless an 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 
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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 confirmation within seven 

business days may result in a penalty assessment for non-compliance. For 

questions regarding compliance, contact the Workers’ Compensation Compliance 

Unit via email at WCCompliance.Program@tn.gov. 

ENTERED February 24, 2020. 

_____________________________________ 

 Judge Dale Tipps 

Court of Workers’ Compensation Claims 

APPENDIX 

Exhibits

1. November 11, 2019 Affidavit of Clifton Holland 

2. June 25, 2019 Email from Tracy Legacy 

Exhibits from prior hearing: 

1. Affidavit of Clifton Holland 

2. Records from The Orthopedic Center 

3. Records from NP Conan Carter 

4. Goodman medical report forms 

5. MRI report of April 4, 2019

6. Written witness statements (Identification Only) 

7. Notice of Denial of Claim 

8. Wage Statement 

9. Employee’s Report of Incident

10.Choice of Physician Form 

Technical record:

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. September 11, 2019 Expedited Hearing Order 

4. November 20, 2019 Request for Expedited Hearing 

5. October 17, 2019 Expedited Hearing Order
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CERTIFICATE OF SERVICE

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

February 24, 2020.

Name Certified 

Mail

Via 

Email

Service Sent To

Clifton Holland X X 98 Slatton Rd.

Flintville, TN 37335

Cholland8638@live.com

Peter Rosen,

Employer’s Attorney

X prosen@vkbarlaw.com

_____________________________________

Penny Shrum, Clerk of Court

Court of Workers’ Compensation Claims

WC.CourtClerk@tn.gov