In Allen v. MJ Resurrection, the injured worker initially signed an agreement not to seek medical treatment for his injuries. When he later decided that he needed medical treatment, the Employer and Workers’ Compensation Carrier denied his claim citing that agreement. Fortunately, the trial court saw right through the Insurance Carrier. Below is a summary of the case as it went up on appeal and then our thoughts on what injured workers in a similar situation should do.
This Tennessee Workers’ Compensation Appeals Board case arises from William Allen’s interlocutory appeal seeking medical treatment for injuries sustained in a work-related accident. On August 16, 2024, Allen fell from a forklift while working for MJ Resurrection, Inc., injuring his hip, shoulder, and back. Although he reported the incident immediately, he initially declined medical treatment and signed a waiver acknowledging the injury but stating he would notify his supervisor before seeking treatment and would require an evaluation through the Employer’s insurer.
Later, Allen claimed he repeatedly requested medical care from his supervisor but received no response. After being denied short-term disability benefits and subsequently terminated from employment, Allen filed for workers’ compensation benefits, including medical treatment and temporary disability benefits. The Employer refused, arguing that Allen waived treatment, delayed his request until after termination, and had prior injuries. A hearing was held on February 26, 2025.
At the expedited hearing, Allen testified that he signed the waiver under duress, fearing termination during his probation period, and later made treatment requests that were ignored. The Employer argued he only pursued treatment after his disability claim was denied and asserted he had no compensable injury. The trial court ordered the Employer to provide a panel of physicians under Tennessee Code Annotated § 50-6-204(a)(3)(A)(i), which mandates that employers provide a choice of physicians when an injury is reported and treatment is requested. However, the court denied Allen’s request for temporary disability benefits due to a lack of medical evidence supporting work-related disability.
The Employer appealed, asserting the trial court erred by (1) finding Allen had a viable claim despite alleged prior injuries and delays in treatment requests and (2) excluding an affidavit from the Employer’s COO intended to rebut Allen’s testimony. The Appeals Board ruled that while the trial court incorrectly excluded the affidavit (which was allowed for impeachment purposes under regulations), the exclusion was harmless. The affidavit would not have changed the Employer’s statutory obligation to provide a physician panel, since Allen had reported a workplace accident and later requested treatment.
The Appeals Board emphasized that employers are not permitted to make medical determinations about causation and cannot use waivers or contracts to override statutory obligations. The waiver Allen signed did not prevent him from later seeking medical treatment—it simply required any future evaluation to be arranged through the Employer’s insurer. Since Allen made timely requests for care and the Employer received notice of the accident, the requirement to provide medical evaluation was triggered. The court also found no persuasive evidence of a subsequent, non-work-related injury.
Ultimately, the Appeals Board affirmed the trial court’s order requiring MJ Resurrection, Inc. to provide Allen with a panel of physicians and remanded the case for further proceedings. It upheld the denial of temporary disability benefits due to insufficient medical proof of disability. The ruling reinforced that employers must comply with their statutory responsibilities once an injury is reported and medical care is requested, regardless of any initial waiver or delay in seeking treatment.
Workers in a similar situation should not sign anything provided to them by the Insurance Carrier without contacting to a Knoxville workers’ compensation attorney. Do not try to tough out an injury like this worker probably did. Some workers in trying to tough out the injury fail to timely report that they had an accident-causing injury. Remember that you have to provide notice of the injury within 15 days of the accident or your claim may be forever barred.