BRABOY, BARRY v. US FOODS, INC.

2026 TN WC 23
CourtTennessee Court of Workers' Compensation Claims
DecidedMarch 17, 2026
Docket2023-07-5758
StatusPublished

This text of 2026 TN WC 23 (BRABOY, BARRY v. US FOODS, INC.) is published on Counsel Stack Legal Research, covering Tennessee Court of Workers' Compensation Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BRABOY, BARRY v. US FOODS, INC., 2026 TN WC 23 (Tenn. Super. Ct. 2026).

Opinion

FILED Mar 17, 2026 03:36 PM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

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

BARRY BRABOY, ) Docket No. 2023-07-5758 Employee, ) v. ) US FOODS, INC., ) State File No. 17142-2023 Employer, ) and ) AMERICAN ZURICH INS. CO., ) Judge Amber E. Luttrell Carrier. )

COMPENSATION ORDER

The Court held a compensation hearing to determine whether Mr. Braboy sustained a compensable back injury, and if so, whether he is entitled to additional benefits under Tennessee Code Annotated section 50-6-242 (2025) or limited to increased benefits under section 50-6-207(B). For the reasons below, the Court holds Mr. Braboy sustained a compensable injury and meets the requirement of 50-6-242.

History of Claim

Mr. Braboy worked as a truck driver for US Foods. On March 2, 2023, he sustained a back injury. He backed the trailer up to the loading dock, but it was “offset,” which caused the trailer to sit over a foot higher than the dock. Mr. Braboy moved a pallet to create a ramp when he felt a sudden pain in his back. He stated, “I knew when I moved that pallet that something had happened.” He described the pain as a “9 out of 10.”

Mr. Braboy immediately reported the injury, and US Foods sent him to an urgent care clinic and then a company doctor who ordered an MRI. After the MRI, Mr. Braboy was referred to a neurosurgeon. Rather than offering a panel, US Foods sent him to Dr. Thomas Gruber.

1 Mr. Braboy saw Dr. Gruber and reported left lower extremity pain and weakness. Dr. Gruber reviewed the MRI film and EMG, noted L2-3 radiculopathy, and diagnosed a “badly degenerated disc at L2-3 with leftward disc herniation causing impingement on the nerve root at that level.” He stated that this finding was responsible for Mr. Braboy’s pain and recommended surgery.

Before authorizing surgery, US Foods sent a causation questionnaire to Dr. Gruber. He stated the L2-3 disc herniation was “more likely than not the result of his work injury.” He noted the L2-3 herniation resulted from a distinct new injury and not from preexisting disease.

Dr. Gruber performed a lumbar fusion surgery. Mr. Braboy saw Dr. Gruber or his nurse practitioner for ten more months for follow-up symptoms of weakness in his left quad and knee. Dr. Gruber released Mr. Braboy at maximum medical improvement on August 8, 2024. He noted that Mr. Braboy “still had some sensation of instability in his left leg although his strength improved.” He assigned a 13 percent impairment and assigned permanent restrictions of “no bending, lifting, twisting, pushing, or pulling.” He also completed a Bureau certification form stating that Mr. Braboy was unable to return to his pre-injury occupation.

During treatment with Dr. Gruber, US Foods sent Mr. Braboy a letter stating they were unable to accommodate his restrictions and that he could apply for other roles within the company “for which you feel you may be qualified.”

Seven months after he reached maximum medical improvement, US Foods sent Mr. Braboy for an employer evaluation with Dr. Sam Murrell regarding causation. Mr. Braboy reported ongoing back pain with left knee numbness. Dr. Murrell diagnosed lumbar postlaminectomy syndrome with lumbar fusion, disc degeneration and low back pain. He reviewed pre-injury records from Mr. Braboy’s 2007 surgery for a L5-S1 disc protrusion and from 2018, when Mr. Braboy had an MRI and conservative treatment for back pain. Dr. Murrell concluded that Mr. Braboy had multilevel degenerative changes on pre- and post-injury MRIs and could not state that the work event was the primary cause of his injury.

Lay testimony

Mr. Braboy is 60 years old with a high school degree. He has not worked since the 2023 injury and is currently drawing social security disability. As for his work history, he testified that he worked as a truck driver for the last 37 years. He worked for US Foods for the last 19 years as a delivery and a utility driver. He had a set route

2 as a delivery driver but no set routes as a utility driver. Otherwise, the job duties were the same.

He drove a tractor/trailer, cranked dolly legs, lifted boxes weighing from 10 to 100 pounds, and loaded 500 to 1000 boxes per day on the trailer depending on the route. Once he arrived at a location, he used a two-wheel dolly to unload boxes from the trailer onto the loading docks.

Before US Foods, Mr. Braboy drove a truck for a wholesale pharmaceutical company for 18 years. In both jobs, Mr. Braboy was required to bend, twist, push/pull a pallet jack, and lift in addition to his driving duties.

Mr. Braboy testified US Foods terminated him due to his restrictions. It never offered him another position with the company, and he knew of no other position for which he was qualified that could accommodate his restrictions. After 19 years at US Foods, he had knowledge of the different positions. He also stated he was required to maintain a commercial driver’s license, which required him to pass an annual physical, which he can no longer do.

On cross examination, US Foods’ counsel questioned Mr. Braboy regarding his ability to perform another driving position at the company, “hauling doubles.” He testified that he would not be able to perform a “hauling doubles” position, which requires the driver to use a 2,000-pound dolly to hook two trailers together, push and pull a converter dolly, bend, twist, and sit for long periods. Also, he stated he was never offered the position, and he did not believe it was available.

He testified to difficulty standing or sitting for long periods. He drove two hours and thirty minutes to get to court and had to stop three times to take breaks and walk around. He attempted to go to a store and had to sit after 15 minutes of standing/walking. Mr. Braboy testified that he misses work and had hoped to work until he reached retirement age. He stated that “truck driving is all I know.”

Mr. Braboy has been unable to find other employment for which he is qualified that complies with his restrictions. He considered applying at a dollar store near his home but knew the job would require lifting in excess of his restrictions. He testified he has struggled at home since the injury. He is unable to perform physical chores or enjoy hobbies. He said the injury “altered [his] whole life. I could do anything and everything before that day.”

Mr. Braboy testified to two prior back injuries. In 2007, he had an L5-S1 herniated disc and underwent surgery. After he recovered, he had no back pain. In

3 2018, he missed several weeks of work due to a “sore back” and swelling. Mr. Braboy’s symptoms improved after he took medication and rested. He stated he had an MRI but did not require surgery and was able to return to work without restriction. Since 2018, he stated he has had “no back issues” at all.

Mrs. Braboy’s testimony mirrored her husband’s. She said he had “no problems” after the 2007 surgery. She stated that in 2018, Mr. Braboy was sore, but he had no further problems after a couple of weeks of rest.

She testified the 2023 work injury was different and his pain has not stopped. Mrs. Braboy’s testimony was also consistent with her husband’s regarding his difficulties around the house. She added that he uses a “grabber” to pick up items and had to purchase slip-on shoes to avoid bending over. He cannot sit or stand for long, but standing is worse. Mrs. Braboy testified that his personality has changed, and he has gained weight due to inactivity.

Dr. Gruber’s testimony

Dr. Gruber testified regarding causation. He stated the L2-3 herniated disc was a “new and distinct injury,” and the surgery he performed was “more than 50 percent” related to that injury. He based his opinion on the combination of Mr.

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2026 TN WC 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braboy-barry-v-us-foods-inc-tennworkcompcl-2026.