Umberger, Tucker v. Michael Ignatz d/b/a Attention to Details, LLC

2025 TN WC 57

Opinion

FILED Aug 13, 2025 07:00 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION

CLAIMS

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

Tucker Umberger, ) Docket No. 2024-60-5331 Petitioner, )

v. ) State File No. 860297-2024 Michael Ignatz d/b/a Attention to ) Details, LLC, ) Judge Kenneth M. Switzer Respondent. )

EXPEDITED HEARING ORDER GRANTING ADDITIONAL BENEFITS (DECISION ON THE RECORD)

At a previous expedited hearing, Tucker Umberger requested medical and temporary disability benefits from Michael Ignatz d/b/a Attention to Details, LLC. After considering the evidence on the threshold issue, whether Mr. Umberger was an employee or an independent contractor, the Court held that Mr. Umberger was likely to prevail at a hearing on the merits that he was an employee but was entitled to medical benefits only at that time. Mr. Ignatz did not appeal.

Mr. Umberger obtained additional medical proof and now seeks temporary disability benefits via a hearing on the record. Mr. Ignatz did not object to a record review, file contrary proof, or participate in the most recent status hearing, so the request is unopposed. The Court considered the new proof on August 6 and holds that Mr. Umberger is likely to prevail at a hearing on the merits that he is entitled to past temporary disability benefits from Mr. Ignatz. He has also satisfied the requirements for discretionary relief from the Uninsured Employers Fund.

Claim History

Mr. Umberger suffered serious injuries from a significant fall at a construction project. He claimed Mr. Ignatz was his employer. Mr. Ignatz admitted he did not have workers’ compensation insurance and contended that Mr. Umberger was an independent

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contractor. Mr. Ignatz participated fully in the previous expedited hearing, but ultimately the Court ruled in Mr. Umberger’s favor.

During his hospitalization, providers treated Mr. Umberger’s spine fractures nonsurgically . He testified at the previous hearing that this meant wearing a neck brace that significantly hampered his movements, and he was essentially bedridden for several weeks.

In this proceeding, Mr. Umberger submitted a letter from Dr. Scott Zuckerberg taking him off work from May 28 through October 17, 2024, due to “multiple spine fractures.” Mr. Umberger healed over time and began working for a new employer on March 19, 2025.

Of additional significance, at the previous expedited hearing, the following facts were deemed and remain admitted:

• On May 28, 2024, Mr. Umberger was Mr. Ignatz’s employee and fell from a two-story deck while working. • Mr. Ignatz operated a construction company and did not have the required workers’ compensation insurance on the date of injury. • Mr. Umberger’s medical conditions and symptoms were caused primarily by the work accident. • Mr. Umberger could not work as a result of the injuries sustained on May 28, 2024. • Mr. Umberger’s average weekly wage was $1,000 while working for Mr. Ignatz. • Mr. Ignatz provided no cash benefits other than $1,600. • The medical care Mr. Umberger received primarily related to the injuries he sustained from the fall on May 28, 2024, while working for Mr. Ignatz.

Findings of Fact and Conclusions of Law

Mr. Umberger must show he is likely to prevail on his request at a hearing on the merits. Tenn. Code Ann. § 50-6-239(d)(1) (2024).

The Court previously held that Mr. Umberger is likely to prevail at a hearing on the merits that he was Mr. Ignatz’s employee and that his fall at work caused multiple, serious injuries and need for treatment.

Returning now to temporary total disability benefits, Mr. Umberger must show: (1)

he became disabled from working due to a compensable injury; (2) a causal connection between the injury and his inability to work; and (3) the period of his disability. Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *7 (Dec. 11, 2015).

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Here, Mr. Umberger suffered multiple, serious fractures, which are causally connected to the fall at work. Dr. Zuckerberg placed Mr. Umberger off work from May 28 through October 17, 2024, due to “multiple spine fractures.” Mr. Ignatz offered no contrary evidence. Therefore, Mr. Umberger satisfied each of the Jones factors. The Court holds he is likely to prevail at a hearing on the merits that he is entitled to temporary total disability benefits for that timeframe.

Specifically, Mr. Umberger was off work for 142 days, and the compensation rate is $666.67 per week or $95.24 per day. This equals $13,524,08. Mr. Ignatz is entitled to $1,600 credit. Therefore, Mr. Umberger’s past temporary total disability benefit award is $11,924.08, to be paid immediately in a lump-sum by Mr. Ignatz.

Mr. Ignatz did not carry workers’ compensation insurance at the time of Mr.

Umberger’s injury. If Mr. Ignatz does not provide the required benefits, the Uninsured Employers Fund has the discretion to pay limited medical and temporary disability benefits if certain criteria are met. (See the attached Benefits Request Form).

Mr. Umberger must establish that he: (1) worked for an uninsured employer; (2)

suffered an injury arising primarily in the course and scope of employment on or after July 1, 2015; (3) resided in Tennessee on the date of injury; (4) notified the Bureau of the injury and Mr. Ignatz’s lack of coverage within 180 days of the injury; and (5) secured a judgment for workers’ compensation benefits against Mr. Ignatz. § 50-6-801(d)(1)-(5).

The Court previously found, and again finds based on the entire record, that Mr.

Umberger worked for an uninsured employer, Mr. Ignatz. He is likely to prove at a hearing on the merits that he suffered an injury arising primarily in the course and scope of employment on May 28, 2024. Mr. Umberger was a Tennessee resident on that date, and he notified the Bureau within 180 days of the injury about Mr. Ignatz’s lack of insurance. This order serves as a judgment for benefits. Therefore, the Court holds that Mr. Umberger satisfied the requirements of section 50-6-801(d).

IT IS ORDERED as follows:

1. Mr. Ignatz shall immediately pay Mr. Umberger past temporary total disability benefits in a lump-sum award of $11,924.08.

2. Mr. Umberger is eligible to request benefits from the Uninsured Employers Fund, awarded at the Administrator’s discretion under section 50-6-802(e)(1). To do so, he must complete and file the attached form.

3. The Court reminds of the status hearing on September 8 at 10:15 a.m. Central Time. You must call 615-532-9552 or 866-943-0025 to participate.

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

ENTERED August 13, 2025.

_____________________________________

JUDGE KENNETH M. SWITZER Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Petition for Benefit Determination 2. Expedited Request for Investigation 3. Expedited Request for Investigation Report 4. Dispute Certification Notice 5. Order Setting Show Cause Hearing 6. Show Cause Order 7. Request for Expedited Hearing and Affidavit 8. Order Setting Expedited Hearing 9. Motion to Admit Request for Admission 10. Requests to Admit 11. Ignatz email, May 3, 2025 (Motion to appear by phone) 12. Composite medical records 13. Expedited Hearing Order 14. Request for Expedited Hearing, Affidavit, and Dr. Zuckerman letter 15. Order Resetting Status Hearing 16. Dr. Zuckerman letter, signed 17. Status Order 18. Amended Hearing Request 19. Email from Court staff regarding decision on the record 20. Docketing Order

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CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on August 13, 2025.

Name Certified Regular Email Sent to Mail mail

Tucker Umberger, X X tuckerkentmusic@gmail.com petitioner 87 Shepherd Hills Dr.

Madison TN 37115

Michael Ignatz, X X attentiontodetailstn@gmail.com respondent 8915 Ramblewood Dr.

Coral Springs FL 33071

Uninsured X Lashawn.pender@tn.gov Employers Fund

_______________________________________

PENNY SHRUM Clerk, Court of Workers’ Compensation Claims 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

Filed Date Stamp Here Tennessee Bureau of Workers’ Compensation www.tn.gov/workforce/injuries-at-work wc.ombudsman@tn.gov

1-800-332-2667

REQUEST FOR BENEFITS FROM THE UNINSURED EMPLOYERS FUND

Eligible employees may use this form to request benefits from the Uninsured Employers Fund (UEF) if they are injured while working for an employer that failed to provide:

1. Workers’ compensation insurance as required by the TN Workers’ Compensation Law; and, 2. Medical and/or disability benefits as required by the TN Workers’ Compensation Law.

This form MUST be completed and sent via certified mail to the following address:

Tennessee Bureau of Workers’ Compensation ATTN: UEF Benefit Manager Uninsured Employers Fund 220 French Landing Drive, Suite 1B Nashville, TN 37243-1002.

This form MUST be sent within sixty (60) calendar days after the claim is over and MUST include:

1. A court order stating your employer owes you benefits and that you may request UEF benefits; 2. A completed Internal Revenue Service (IRS) Form, W-9 Request for Taxpayer Information and Certification available at www.irs.gov; and 3. A completed Bureau of Workers’ Compensation Form C31 Medical Waiver and Consent available on the “Forms” link at www.tn.gov/workerscomp.

I certify that I believe I am eligible for benefits from the UEF; that my employer has not paid all or part of the benefits I am due; and my employer has not complied with an order issued by the Court of Workers’ Compensation Claims.

I, _______________________________________, request benefits from the Uninsured Employers Fund.

(Print Your Name)

____________________________________________________________________________________________________

Signature Date

Tennessee Law allows the State of Tennessee to recover payments made by the UEF for temporary disability benefits or medical benefits. An agreement between you and your employer for payment of benefits must be pre-approved by the UEF before being approved by a workers’ compensation judge.

LB-3284 (NEW 4/19) RDA 10183