AGUILAR, LUIS v. LUZ DARIELA HERNANDEZ MALDNALDO dba BRANDON’S CONSTRUCTION

• Court: Tennessee Court of Workers' Compensation Claims
• Decided: June 24, 2026
• Docket: 2025-30-4387
• Status: Published

Opinion

FILED Jun 24, 2026 02:50 PM(ET) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT KNOXVILLE

LUIS AGUILAR, Docket No. 2025-30-4387 Employee, v. LUZ DARIELA HERNANDEZ State File No. 860197-2025 MALDNALDO dba BRANDON’S CONSTRUCTION, Employer. Judge Lisa A. Lowe

EXPEDITED HEARING ORDER DENYING BENEFITS

Luis Aguilar allegedly sustained a left-knee injury while working for Brandon Construction. For the reasons below, the Court denies his request for benefits.

Claim History

Mr. Aguilar filed one petition for benefit determination alleging a November 15, 2024 date of injury, and a second petition alleging a May 8, 2025 date of injury. This case involves Mr. Aguilar’s May 8, 2025 injury.

Mr. Aguilar testified that he injured his left knee on May 13, 2025, when he slipped on a roof. He reported the injury to his supervisor, but Brandon Construction did not offer medical treatment. Mr. Aguilar treated on his own and ultimately underwent surgery. After Brandon Construction fired Mr. Aguilar, he could not afford treatment and moved out of the area.

Mr. Aguilar asked for medical and temporary benefits. He introduced medical records into evidence, but the Court sustained Brandon Construction’s objection because they were not electronically signed. Tenn. Comp. R. & Regs. 0800-02-21- .16(2)(b) (2026).

1 Findings of Fact and Conclusions of Law

At an expedited hearing, Mr. Aguilar must show he would likely prevail at a hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1) (2025); McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).

An injury is accidental only if it is caused by a specific incident, or set of incidents, arising primarily out of and in the course and scope of employment, and is identifiable by time and place of occurrence. Tenn. Code Ann. § 50-6-101(12)(A).

Here, Mr. Aguilar did not identify a specific incident occurring on May 8, 2025. Instead, he emphatically testified that he hurt his left knee on May 13, 2025. without proof of a specific incident on May 8, the Court finds Mr. Aguilar is not likely to prevail at a hearing on the merits at this time.

IT IS, THEREFORE, ORDERED as follows:

1. The Court denies Mr. Aguilar’s request for benefits for injuries from an alleged May 8, 2025 work injury.

2. The Court sets a Status/Scheduling Hearing on October 20, 2026, at 9:30 a.m. Eastern Time. The parties must call 855-383-0003 to participate.

ENTERED June 24, 2026.

____________________________________ JUDGE LISA A. LOWE Court of Workers’ Compensation Claims

2 APPENDIX

Exhibits:

1. Affidavit of Luiz Aguilar, filed May 11, 2026 2. Affidavit of Luiz Aguilar, translated 05/26/26 3. Request for Investigation 4. Expedited Request for Investigation Report

3 CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as shown on June 24, 2026.

Name Mail Email Service sent to: Luis Aguilar, X X Self-Represented Employee Nick Akins, X nakins@morganakins.com David Goudie, dgoudie@morganakins.com Employer’s Attorney

____________________________________ PENNY SHRUM, COURT CLERK wc.courtclerk@tn.gov

4 Right to Appeal: If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation Appeals Board. To do so, you must: 1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the Court of Workers’ Compensation Claims before the expiration of the deadline.  If the order being appealed is “expedited” (also called “interlocutory”), or if the order does not dispose of the case in its entirety, the notice of appeal must be filed within seven (7) business days of the date the order was filed.  If the order being appealed is a “Compensation Order,” or if it resolves all issues in the case, the notice of appeal must be filed within thirty (30) calendar days of the date the Compensation Order was filed. When filing the Notice of Appeal, you must serve a copy on 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 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 fully-completed 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 are responsible for ensuring a complete record is presented on appeal. If no court reporter was present at the hearing, you may request from the Court Clerk the audio recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your appeal, which the Appeals Board has emphasized is important for a meaningful review of the case, a licensed court reporter must prepare the transcript, and you must file it with the Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board, and you will receive notice once it has been submitted. For deadlines related to the filing of transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)

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. If neither party timely files an appeal with the Appeals Board, the Court Order becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).

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