FILED Sep 04, 2026 07:00 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT MURFREESBORO
RONALD LEWIS, JR., Docket No. 2026-50-0581 Employee, v. EXPRESS SERVICES, INC., Employer, State File No. 83676-2024 and AIU INS. CO., Insurer. Judge Robert Durham
EXPEDITED HEARING ORDER GRANTING BENEFITS
The Court held an expedited hearing on August 19, 2026. Mr. Lewis asked Express to provide treatment for his right knee, wrist, and shoulder and pay additional temporary disability benefits. The Court holds that Express Services must authorize treatment for his injuries and pay additional temporary partial disability benefits, although those benefits are offset by an agreed overpayment.
History of Claim
Mr. Lewis worked a night shift at Adient through Express Services, a temporary employment agency, at an average weekly wage of $495.50. On July 17, 2025, he fell after tripping on some plastic on the floor of a truck trailer, twisting his right knee and injuring his right wrist and shoulder.
Mr. Lewis went to the emergency room that night complaining of right-knee and wrist pain. The next day, he went to a walk-in clinic and reported the same problems as well as shoulder pain. The clinic assigned restrictions that prevented him from returning to his regular duties at Adient.
That same day, Adient terminated Mr. Lewis’s assignment. The stated reason was tardiness, although Mr. Lewis testified Adient never wrote him up for that. Express did not offer him any other job assignments
2
At the time of his injury, Mr. Lewis also worked for Weatherproof Roofing and Gutters during the day and told Express about that job. Mr. Lewis said he started at Weatherproof before the accident. Weatherproof paid him $4,100 from July 17 until August 8, before he was terminated because his work injuries prevented him from training new employees.
Mr. Lewis was then out of work until October 27 before starting a job at R and M Plumbing. He earned $5,600 until he was terminated on December 3 over what he described as a misunderstanding about his performance.
While he was working for these other employers, Express paid Mr. Lewis temporary total disability benefits from July 17 through November 6 at a compensation rate of $413.57. Express stopped payment when Mr. Lewis informed it of his other employment. Mr. Lewis agreed that his compensation rate should have been $330.35 based on an average weekly wage of $495.53 and that he received a $2,983.27 overpayment.
As for treatment of his work injuries, Mr. Lewis received authorized treatment for his knee from orthopedist James McGehee, M.D.1 He complained of moderate right-knee pain with episodes of instability that began after his fall. He also told Dr. McGehee he had bilateral patellar tendon ruptures several years earlier that were surgically repaired.
Dr. McGehee diagnosed a possible medial lateral meniscus tear versus a partial patellar tendon tear and restricted him to a sitting-only job based on an MRI result. He concluded “the injury is greater than 50% work-related” but recommended therapy instead of surgery to see if his knee improved.
Dr. McGehee also noted that Mr. Lewis had a “related injury to his right shoulder that was pending MRI approval” and recommended Mr. Lewis follow up after the shoulder MRI to review the results.
In addition to Dr. McGehee, Mr. Lewis saw Dr. Keith Douglas for his rightwrist pain from the work accident. Dr. Douglas’s diagnosis was right-carpal tunnel syndrome, and he placed a ten-pound lifting restriction at the first visit.
At his next visit, Mr. Lewis complained of persistent numbness and aching in his fingers. Dr. Douglas noted that electrodiagnostic tests showed severe right-
1 Much of the information about Mr. Lewis’s medical treatment was gleaned from Worklink summaries.
3
carpal tunnel syndrome and mild cubital tunnel syndrome. He assessed “right wrist sprain, secondary right carpal tunnel syndrome, preexisting distal radius malunion.” He scheduled a right-carpal tunnel release and kept the lifting restriction. The record does not include a specific opinion on causation.
This note is the last record of any treatment for Mr. Lewis’s injuries.
However, according to Mr. Lewis’s deposition, he saw Dr. McGehee in January 2026, and he recommended knee surgery, which Express initially approved.
Mr. Lewis testified that, while he suffered earlier injuries to his wrist and knee, they healed and had not affected his ability to perform physically strenuous job duties at Adient. As for his current condition, Mr. Lewis said he still suffers pain in his shoulder, persistent numbness and tingling in his hand, and pain and give-way sensations in his knee.
Sometime after his January visit to Dr. McGehee, Express asked Mr. Lewis to undergo an employer’s examination. In an email dated February 10, Mr. Lewis confirmed his willingness to attend the examination on March 30. However, on March 24, he informed Express’s counsel that he needed to reschedule the examination because his employer would not let him off work. Mr. Lewis agreed to try to convince his employer to let him off but sent an email to Express’s counsel on Friday, March 27, saying he was unsuccessful.
Express canceled the appointment but told Mr. Lewis he owed a $500 cancelation fee. Express also suspended his medical treatment until he paid the fee and rescheduled the employer’s examination. Mr. Lewis testified that he is willing to undergo the examination, but no one has reached out to him to reschedule.
Findings of Fact and Conclusions of Law
To obtain his requested benefits, Mr. Lewis bears the burden of proof and must show he is likely to prevail at a compensation hearing. Tenn. Code Ann. § 50- 6-239(d)(1) (2025).
The Court finds Mr. Lewis credible despite Express’s attempts to impeach him. Express did not offer any evidence that Mr. Lewis attempted to conceal either his concurrent employment or his earlier injuries. He was forthright and candid with the Court, opposing counsel, and his doctors, and any discrepancies or omissions were understandable and unintentional.
However, Mr. Lewis must still prove entitlement to the benefits he is seeking,
4
including further medical treatment. Express raised two defenses to providing further treatment: (1) causation, and (2) refusal to undergo a medical examination.
To prove causation, Mr. Lewis must establish that his current symptoms and need for treatment primarily arose out of his work injury. Further, he must prove causation to a “reasonable degree of medical certainty.” Id. § 50-6-102(12)(A), (C). Authorized treating doctors’ causation opinions are presumed correct under section 50-6-102(12)(E). In addition, treatments recommended by authorized doctors are “presumed to be medically necessary for treatment of the injured employee.” Id. § 50-6-204(a)(3)(H).
Mr. Lewis gave undisputed testimony that on July 17, he suffered a work-
related fall and injured his right shoulder, wrist, and knee. Express authorized Dr. McGehee to treat Mr. Lewis’s knee and shoulder and Dr. Douglas to treat his wrist.
Dr. McGehee said that, despite Mr. Lewis’s earlier injury, he believed his current knee injury is “greater than 50% work-related.” Express did not rebut this opinion. Thus, the Court finds Mr. Lewis has established he is likely to prove causation for the right-knee injury.
Neither the facts nor the law support Express’s position that it was justified in denying further treatment because Mr. Lewis refused to comply with its request for an employer’s examination. The law is clear that an employer may suspend compensation if an employee refuses to “comply with a reasonable request for examination.” Id. § 50-6-207(d)(7). However, Mr. Lewis never refused to undergo the employer’s examination and in fact made every effort short of losing his new job to do so. The Court finds Mr. Lewis’s reason for not attending and waiting until Friday to confirm that he could not do so were reasonable under the circumstances. See McKim v. Stansell Elec. Co., 2023 TN Wrk. Comp. App. Bd. LEXIS 11, at *14- 16 (Feb. 22, 2023). Further, the Court finds that Mr. Lewis was reasonable in refusing to pay the cancelation fee, and Express cited no authority that would require him to do so.
Mr. Lewis testified that he is still willing to submit to an employer’s examination, but Express has made no attempt to schedule one. Given that the issue is not one of refusal but an unavoidable scheduling conflict, the Court holds it is an insufficient reason to deny medical benefits for treatment of Mr. Lewis’s knee.
As for Mr. Lewis’s shoulder complaints and carpal tunnel syndrome, none of the records contain Dr. McGehee’s or Dr. Douglas’s direct opinions on causation.
5
Given that it remains Mr. Lewis’s burden to establish causation, the Court must hold at this time that he is not entitled to the treatment recommended by Dr. McGehee and Dr. Douglas at this time. He may file another request for expedited hearing should he obtain the necessary medical opinions.
The Court now turns to the issue of temporary disability. Mr. Lewis’s injuries never “totally prevented” him from working, so his benefits, if any, would be temporary partial as opposed to temporary total. See Roberson v. Loretto Casket Co., 722 S.W.2d 380, 383 (Tenn. 1986).
Temporary partial disability refers to the time, if any, during which the injured employee is able to resume some gainful employment but has not reached maximum recovery. Thus, in circumstances where the treating physician has released the injured worker to return to work with restrictions before maximum medical improvement, and the employer cannot return the employee to work within the restrictions, the injured worker may be eligible for temporary partial disability. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7-8 (Dec. 11, 2015).
Temporary partial disability benefits should be calculated as “sixty-six and two-thirds percent 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)(A). Average weekly wage is defined as “the earnings of the injured employee in the employment in which the injured employee was working at the time of the injury[.]” Id. § 50-6-102(3)(a).
Case law explains the wage calculation for injured workers in Mr. Lewis’s situation. “[W]hen an employee holds two unrelated but concurrent jobs, the average weekly wage is based only on his or her earnings in the one producing the injury.” Stem v. Thompson Servs., Inc., No. M2010-01566-WC-R3-WC, 2011 TN LEXIS 742, at *28 (Tenn. Workers’ Comp. Panel July 26, 2011). This amount must be compared to the wages the employee still makes in their concurrent job to determine what, if any, temporary partial disability benefits are owed. Id. In Stem, the Panel remanded the case to allow the trial court to calculate the temporary partial disability benefits owed by deducting the employee’s wages from his part-time employment from his average weekly wage earned at Thompson Services. Id.
In Mr. Lewis’s case, his injury occurred at his part-time job, where his average weekly wage was $495.52. While Express did not find work within his restrictions, Mr. Lewis has consistently held other jobs since his injury that paid him well over
6
$495.52 per week. So, while Mr. Lewis was employed at other jobs, he was not entitled to temporary partial disability benefits.
As for those periods when Mr. Lewis was not working, Express correctly paid him benefits after his termination by Weatherproof, in addition to an acknowledged overpayment, while he was unemployed.
However, Express did not pay Mr. Lewis after his termination from R and M Plumbing. He was out of work from December 3 until January 19, when he began working at his current position. The Court finds that Express owes Mr. Lewis temporary partial disability benefits for this period totaling $2,218.06. However, given that this amount is less than the overpayment, Mr. Lewis is not entitled to additional payment.2
IT IS ORDERED:
1. Express shall pay for the medical treatment recommended by Dr. McGehee for the work-related injuries to Mr. Lewis’s right knee. Mr. Lewis’s request for further treatment of his right shoulder and right wrist is denied at this time.
2. Express is not obligated to pay Mr. Lewis additional temporary disability benefits at this time.
3. This case is set for a status conference/scheduling hearing on October 12, 2026, at 9:00 a.m. Central Time, 10:00 a.m. Eastern Time. The parties must call 615-253-0010 or 855-689-9049. Failure to call might result in a determination of the issues without the party’s participation.
4. Unless appealed, compliance with this order must occur by seven business days of entry of this order under Tennessee Code Annotated section 50-6-239(d)(3).
ENTERED September 4, 2026.
2 The remaining overpayment of $765.21 shall be addressed at a compensation hearing or settlement.
7
____________________________________
JUDGE ROBERT DURHAM Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Dr. Douglas’s medical records 2. Dr. McGehee’s medical records 3. 2019 medical records from Ascension 4. Wage records 5. E-mail chain between Mr. Lewis and Express Services 6. Express Service Wage Statement 7. Email Chain regarding IME 8. Records on earlier workers’ compensation claims 9. Temporary disability benefits ledgers 10. Records on earlier workers’ compensation claim 11.Discovery Responses 12.Worklink Physician Reports 13.Mr. Lewis’s deposition
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on September 4, 2026.
Name Via Email Service sent to: Ronald Lewis X Greg Fuller X gfuller@mijs.com Garrett Hamrick X gmhamrick@mijs.com
____________________________________
PENNY SHRUM, COURT CLERK wc.courtclerk@tn.gov
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 *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
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]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082