Hubbard, Talin v. Discount Tire, LLC

2025 TN WC 84
CourtTennessee Court of Workers' Compensation Claims
DecidedNovember 24, 2025
Docket2025-60-0029
StatusPublished

This text of 2025 TN WC 84 (Hubbard, Talin v. Discount Tire, LLC) 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
Hubbard, Talin v. Discount Tire, LLC, 2025 TN WC 84 (Tenn. Super. Ct. 2025).

Opinion

FILED Nov 24, 2025 10:51 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

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

Talin Hubbard, ) Docket No. 2025-60-0029 Employee, ) v. ) Discount Tire, LLC, ) State File No. 37439-2023 Employer, ) And ) Old Republic Insurance Co., ) Judge Kenneth M. Switzer Carrier. )

COMPENSATION ORDER GRANTING BENEFITS

The Court held a compensation hearing on November 12, 2025, on Talin Hubbard’s entitlement to permanent disability benefits. The parties dispute two issues. First, did Mr. Hubbard sustain a 0% impairment assigned by his treating physician, or 1% placed by a physician from the Medical Impairment Rating Registry? Second, is he entitled to increased benefits?

The Court adopts the 1% rating because Discount Tire did not offer clear and convincing evidence to overcome the presumption of correctness given to the Registry physician’s opinion. Further, Mr. Hubbard has shown by a preponderance of the evidence that he did not return to work for any employer, so he is entitled to increased benefits.

Claim History

Mr. Hubbard, a tire technician, was injured at work on or about February 28, 2023. While pulling a bar down to remove a tire, he heard a “pop” in the center of his chest and felt immediate, severe pain.

Mr. Hubbard later formally reported his claim and selected a physician from a panel offered by Discount Tire. He did not actually see this doctor but instead saw other doctors and nurse practitioners from the selected physician’s clinic.

1 Notably, Dr. Peter Silkowski first diagnosed “costal chondritis” and “somatic dysfunction of costochondral region” in May 2023 and recommended modified duty. Dr. Robert Kasper repeated those diagnoses a month later and referred Mr. Hubbard to physical therapy and pain management.

In January 2024, Mr. Hubbard came under the authorized care of Dr. Gale Jackson, a family medicine physician. Dr. Jackson’s nurse practitioners maintained the same diagnoses and light-duty restrictions over the next several months.

Ultimately, Dr. Jackson placed Mr. Hubbard at maximum medical improvement on June 18, 2024, with 0% impairment and no work restrictions. That same day, Dr. Jackson wrote a letter stating that Mr. Hubbard was diagnosed with costochondritis and explained:

This is an acute condition that can occur due to trauma to chest wall muscle or strain of cartilage that connects ribs to breastbone (sternal). This is not a chronic condition that requires people to be unable to work. . . . From an Occupational Medicine Standpoint this is no longer a work related [condition] so he needs to follow up with PCP to determine if there is a chronic [under]lying disorder caused by his non-cardiac chest pain.

(Emphasis added).

As for pain management, in July 2024, Mr. Hubbard saw Dr. Jeff Kindred, whom Discount Tire also authorized. He ordered a chest MRI, and after reviewing the results in August, Dr. Kindred wrote that it showed no structural abnormality to explain his chest pain. Regardless, Dr. Kindred noted, “I do think this is work related,” He also wrote a separate letter for the carrier saying in part, “in my professional opinion this is a work related injury.” He repeated that causation opinion in a second letter to the carrier and also placed work restrictions. At the next visit, Dr. Kindred wrote: “I do not do impairment ratings but estimated his at 40%.”

Given the wide disparity between the ratings, the parties sought a rating from Dr. Karen Oldham through the Medical Impairment Rating Registry. She examined Mr. Hubbard and reviewed and summarized his treatment history, including the July 2024 “normal” chest MRI, and his responses to a Pain Disability Questionnaire.

In her report, Dr. Oldham listed “chronic pain syndrome” as Mr. Hubbard’s diagnosis with a “ratable permanent impairment causally related to the work injury.” (Emphasis added). She used Table 3-1 of the Guides, 6th Edition to assign a rating. Dr. Oldham wrote that Mr. Hubbard’s physical exam showed no muscle atrophy and he has “normal muscle development tone and strength in the upper extremities and neck, indicating that he does not avoid using his arms and chest wall muscles.” This would suggest that Mr. Hubbard has no significant impairment.

2 She continued, however, that “the whole person must be considered in making this determination.” Dr. Oldham reasoned:

The claimant has a strong emotional component to his pain preventing him from engaging in social activities or working outside his home. He had significant anxiety every time he attempted to return to work. The fear of having the same pain again is paralyzing to him. He depends heavily on his family to provide income, driving, and help with heavy lifting at home. In looking at the whole person, it can be said he has no impairment in terms of activities and function and no impairment from an objective physical exam. He does have significant emotional impairment due to his pain. In essence, he has one out of three areas of significant impairment.

Dr. Oldham wrote that the Guides allow for up to 3% impairment for chronic pain, but she chose to use one out of three for a rating. She concluded, “Therefore, in consideration of the entire functional, physical, and emotional burden of illness, I feel that an impairment of one percent [whole person impairment] is appropriate.”

Afterward, Discount Tire deposed Dr. Jackson, who testified, “I support [Dr. Oldham’s] impairment rating” and “I do not have evidence to dispute Dr. Karen Oldham’s impairment rating.”

On cross-examination Dr. Jackson said he had “no reason to think [Mr. Hubbard] was lying saying he hurts when he does certain things.” He further agreed that Dr. Oldham rated Mr. Hubbard for chronic pain and not costochondritis and that Mr. Hubbard has ongoing pain. The exchange below also occurred:

Q: Dr. Oldham seems to indicate that because of the injury he suffered at work he now has some at least permanent impairment. A: Uh-huh. Q: And I guess I’m curious. Do you agree with her assessment of that? A: I agree with her assessment. Q: Okay. A: I agree with her assessment.

For his part, Mr. Hubbard testified that the injury has had a dramatic impact on his work abilities. He was placed on light duty while treating but had difficulty performing his job even with accommodations. He testified, without contradiction, that after he reached maximum medical improvement, he was still on work restrictions from his primary care doctor and Dr. Kindred, but Discount Tire did not offer work within his restrictions. He has not worked since, fearing that he might reinjure his chest wall if he were to return to work.

3 As for his personal life, Mr. Hubbard said the chest pain prevents him from carrying and playing with his children and interferes with sleeping, driving, and performing household chores. He occasionally feels a rib “pop out.”

Findings of Fact and Conclusions of Law

Pretrial motions

Mr. Hubbard moved the Court to continue the compensation hearing, requesting “additional time to receive newly ordered related medical care.” (Emphasis added). He argued that his primary care physician recently discovered “a deformity in the chest wall” and referred him to a thoracic surgeon for further treatment.

Discount Tire opposed the continuance for several reasons, among them that the supporting medical records Mr. Hubbard offered do not relate the condition and/or need for treatment with a specialist to the work injury.

The Court agrees. Moreover, Mr. Hubbard was injured in February 2023 and has had ample time to obtain medical proof. He has not shown good cause, and the motion is denied.

Mr.

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Related

Barron v. State Department of Human Services
184 S.W.3d 219 (Tennessee Supreme Court, 2006)

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Bluebook (online)
2025 TN WC 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-talin-v-discount-tire-llc-tennworkcompcl-2025.