BALES, DEBRA v. STAFFMARK GROUP, LLC

Opinion

FILED Sep 08, 2026 01:48 AM(CT)

TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMS

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

DEBRA BALES, Docket No. 2025-20-4059 Employee, v. STAFFMARK GROUP, LLC, Employer, State File No. 39874-2025 and ACE AMERICAN INSURANCE COMPANY, Carrier. Judge Brian K. Addington

EXPEDITED HEARING ORDER

Debra Bales requested temporary disability and medical benefits during an expedited hearing that started on June 2 and continued to August 31, 2026.1 Staffmark claimed that Ms. Bales was not entitled to benefits because she had an idiopathic fall. Based on the evidence, the Court grants her request in part.

Claim History

Two witnesses testified at the hearing: Ms. Bales and Kristy Sims, a coworker.

Ms. Bales’s version of events

Ms. Bales fell on June 12, 2025, her first day of work. Her job consisted of taking rolls of wrapping from pallets to her workstation to affix stickers and then placing them on another pallet. The pallets were a few steps from her workstation. The rolls were wrapped in shrink wrap, which had been cut and laid around the bottom of the pallet and on the floor. As Ms. Bales returned to her station, her foot became entangled in the shrink wrap, and she fell.

1 A subpoenaed witness did not appear on June 2.

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Ms. Bales described her fall by stating that her arm went out and hit the table and she hit the floor. She was dazed, and coworkers came to help her. They tried to pick her up, but she dropped to the floor and struck her knee. Later, they were able to place her in a chair. An ambulance was called, and a Staffmark employee rode with her to the hospital. Ms. Bales injured her leg and shoulder. She received medical treatment for her injuries but needs additional treatment.

Ms. Sims’s version of events

Ms. Bales came to her workstation, which was clear of debris. Although pallets were stacked behind the workers, no shrink wrap from them littered the floor. Ms. Sims observed that Ms. Bales stood near her table and then fell to the ground slowly with an outstretched arm striking the table and pushing it forward. She went to Ms. Bales and said that she looked dizzy, and Ms. Bales agreed.

A male coworker, working ten feet from Ms. Bales, ran to her and asserted that she must have tripped over the shrink wrap. Afterward Ms. Bales stated the shrink wrap caused her fall. This man previously settled a worker’s compensation claim, according to Ms. Sims. Later, employees helped Ms. Bales into a chair.

Argument

Ms. Bales argued that a hazard on the floor caught her foot and caused her to fall. She did not just fall for no reason. She requested temporary disability benefits and medical benefits, including payment for past medical treatment.

Staffmark argued that Ms. Bales suffered an idiopathic fall. She was not injured due to a work hazard and is not entitled to benefits.

Findings of Fact and Conclusions of Law

Ms. Bales must show a likelihood of prevailing at a hearing on the merits that she is entitled to medical and temporary disability benefits. 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).

The first question is whether Ms. Bales suffered an injury that arose primarily out of her work. The parties agreed that she fell at work but disputed the cause of her fall. Idiopathic injuries are not compensable unless an employment hazard causes

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or exacerbates the injury. Phillips v. A&H Constr. Co., 134 S.W.3d 145, 148 (Tenn. 2004). Staffmark presented testimony to prove Ms. Bales’s fall was solely idiopathic.

The Court observed both witnesses, heard their testimony, and reviewed their written statements. The Tennessee Supreme Court gave indicia of witness credibility, so that trial courts consider whether a witness is “calm or agitated, at ease or nervous, self-assured or hesitant, steady or stammering, confident or defensive, forthcoming or deceitful, reasonable or argumentative, honest or biased.” Kelly v. Kelly, 445 S.W.3d 685, 694-695 (Tenn. 2014). Considering the criteria, Ms. Bales was credible, while Ms. Sims appeared nervous, defensive, argumentative, and biased.

Ms. Bales consistently testified that her foot got caught on something, most likely the shrink wrap at her workstation. She did not testify that she just fell, but that the shrink wrap on the floor impeded her foot from moving, causing her fall. Further, she fell into the table and then to the floor and fell again when coworkers tried to help her up. In other words, workplace hazards caused or exacerbated her injuries, and her coworkers were involved in another fall.

In contrast, Ms. Sims’s testimony exaggerated the conditions. She stated Ms.

Bales fell in “slow motion” and that another coworker working just ten feet from Ms. Bales ran to her after she fell. Her testimony is implausible. Also, it was Ms. Sims who suggested to Ms. Bales that she must have been dizzy. Further, Ms. Sims was personally offended or concerned that the man that helped Ms. Bales had previously settled a workers’ compensation claim. However, she never explained how a coworker’s workers’ compensation settlement was relevant to Ms. Bales’s fall, other than coincidence. This suggested bias. She also did not testify about the second fall Ms. Bales suffered when employees tried to help her to a chair.

Ms. Bales provided sufficient evidence to show she is likely to succeed at a hearing on the merits on entitlement to a panel of physicians.

As to past and ongoing temporary disability benefits, the Court finds Ms.

Bales did not present expert medical proof that she became disabled from working due to a compensable injury; a causal connection between the injury and her inability to work; and the duration of her disability. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015). Her request for temporary disability benefits is denied at this time.

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Likewise, because Ms. Bales did not introduce any medical proof or bills showing her treatment was reasonable and necessary for the work injury, the Court denies her request for payment of past medical expenses at this time.

IT IS, THEREFORE, ORDERED as follows:

1. Staffmark shall provide a panel of physicians to Ms. Bales and furnish reasonable, necessary, and related treatment for her injuries under section 50- 6-204(a)(1)(A).

2. Ms. Bales’s request for temporary disability benefits and past medical benefits is denied at this time.

3. A Status Hearing is set for October 29, 2026, at 10:00 a.m. Eastern Time.

The parties must call 855-543-5044 to participate.

4. Unless an interlocutory appeal is filed, compliance with this order must occur within seven business days of entry of this Order as required by Tennessee Code Annotated section 50-6-239(d)(3).

ENTERED September 8, 2026.

Brian K. Addington

____________________________________

JUDGE BRIAN K. ADDINGTON Court of Workers’ Compensation Claims

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APPENDIX

Exhibits:

1. Affidavit of Debra Bales 2. Declaration of Ms. Sims 3. Employee Incident Report 4. Ms. Sims’s witness report 5. Medical Records (for identification only)2 6. Wage Statement 7. Recording of Ms. Bales and Adjuster.

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as shown on September 8, 2026.

Name Email Service sent to: Nicholas Dasler, X ndassler@wkfirm.com Employee’s Attorney Stephen Morton, X stephen.morton@mgclaw.com Employer’s Attorney amber.dennis@mgclaw.com

_________________________________

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

2 Staffmark objected to these records as filed untimely. Ms. Bales responded that Staffmark knew the provider and could obtain them if they wanted. The Court took the matter under advisement. Because they were not filed 15 days before the hearing, the Court sustains the objection. Tenn. Comp. R & Regs. 0800-02-21.15(1) (2026).

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.

¾ 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. ¾ 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.

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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗

ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________ ප Compensation Order filed on__________________ ප 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 *

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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]

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