Full Opinion

FILED Oct 20, 2026 11:11 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT GRAY VICKI GIRO, Docket No. 2024-30-1416 Employee, v. EBENEZER CHILDREN’S ACADEMY, LLC, State File No. 93941-2021 Employer, and FLAGSHIP CITY INSURANCE COMPANY, Judge Brian K. Addington Carrier. COMPENSATION ORDER The Court held a compensation hearing on October 9, 2026. The issues were Ms. Giro’s entitlement to permanent and temporary disability benefits and past medical benefits, and an alleged overpayment of temporary disability benefits. For the reasons below, the Court awards permanent partial disability benefits and open medical benefits. Claim History Vicki Giro worked as a lead two-year-old preschool teacher for Ebenezer Children’s Academy, LLC. On December 16, 2021, she fell at work and injured her wrist. Ebenezer accepted the claim, and Drs. Bryan Thompson and Elizabeth McBride treated Ms. Giro for tenosynovitis. At the time of her injury, Ebenezer was closed for Christmas break, and Ms. Giro returned to work with restrictions in January, which Ebenezer accommodated. After another appointment with Dr. McBride, Ms. Giro underwent surgery on March 1, 2022, and Dr. McBride took her off work. The surgery was unsuccessful, so she underwent a second surgery on October 1. She was off work, according to 1 doctor’s orders, until November 9, and then placed on restrictions from that date forward. A January 24, 2023 note states she was back to work but worried about violating her restrictions, so Dr. McBride took her off work until February 13, and returned her to work with restrictions. She was under restrictions until she reached maximum medical improvement.1 Ms. Giro worked in pain on March 14, 2023, from what she thought was a new aggravation of her work injury. She asked to go home, but Ebenezer did not have coverage for her class, so she remained at school. Later that day, a student threw a shoe and hit another teacher. The parties dispute the events after the child threw the shoe, but Ebenezer considered Ms. Giro’s actions inappropriate and terminated her. Dr. McBride placed her at maximum medical improvement on May 18, 2023, and assigned a 1% impairment rating. After Ebenezer terminated her, Ms. Giro testified that she worked for several different employers. On November 14, 2023, when her initial benefit period expired, she was earning at least what she made at the time of her injury. Ebenezer submitted a payment ledger, which showed it paid Ms. Giro temporary disability benefits from December 20, 2021, until January 30, 2022, and from March 1, 2022, until March 31, 2023. Ms. Giro testified that she received benefits until January 2, 2023, and produced checks consistent with that period. She stated she did not receive any other checks. Ms. Giro continues to receive notices about problems with a bill related to her second surgery. Ebenezer’s ledger showed that it paid for services for the hospital in the notice. Ms. Giro testified that she and her personal insurance paid for treatment of her work injury, which is being investigated by her personal insurance. She also paid certain bills out-of-pocket. Ms. Giro requested permanent partial disability benefits and increased benefits. She also wanted any previous authorized bills paid and temporary benefits, if any were owed. Ebenezer argued that Ms. Giro was entitled to permanent partial disability for her impairment rating, but no increased benefits because of her termination and that she was earning what she had made at Ebenezer when her initial period ended. It also argued that it overpaid temporary disability benefits for which it was entitled to an offset. Ebenezer contended it had paid all authorized treatment bills. The medical records reflect this history, but neither party offered testimony as to the specific dates 1 Ms. Giro worked after her surgery, except for the date of her termination. 2 Findings of Fact and Conclusions of Law Ms. Giro must prove entitlement to permanent partial disability and medical benefits by a preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2025). The parties agreed that Ms. Giro had a compensable work injury and that Dr. McBride gave her a 1% impairment. Thus, Ms. Giro is entitled to four and one-half weeks of permanent partial disability in the amount of $1,656.86. She is also entitled to open lifetime medical benefits for her injury. Id. § 50- 6-204(a)(1)(A); Limberakis v. Pro-Tech Sec. Inc., 2017 TN Wrk. Comp. App. Bd. LEXIS 53, at *6 (Sept. 12, 2017); Reynolds v. Liberty Mut. Ins. Co., No. 02S01- 9203-CH-00027, 1992 Tenn LEXIS 620, at *5-6 (Tenn. Workers’ Comp. Panel Oct. 7, 1992). As for permanent partial disability benefits, the question remains whether she is entitled to increased benefits under Tennessee Code Annotated Section 50-6- 207(3)(B). Dr. McBride placed Ms. Giro at maximum medical improvement on May 18, 2023. Her initial compensation period ended 180 days later or November 14. Id. § 50-6-207(3)(A). Ms. Giro testified that she was earning the same as she was at Ebenezer with a different employer on that date. Thus, she is not entitled to any increased benefits. As for temporary disability, the parties agreed and Ms. Giro testified that she received some temporary disability payments while she was working and receiving her normal wages. From the records and testimony, the Court finds that she worked from January 2 to February 28, 2022, but the remaining dates of work and disability payments are not clear. The parties supplied no testimony about specific dates Ms. Giro worked after her surgery, except that she was working on her termination date. Due to the lack of proof, the preponderance of the evidence does not support that Ms. Giro is entitled to any additional temporary total or partial disability benefits or that Ebenezer overpaid her benefits. Id. § 50-6-207(1)-(2). Turning lastly to past medical benefits, from the evidence presented, the Court cannot determine whether Ms. Giro or her health insurance carrier paid for benefits that Ebenezer should have provided, or if a balance for her surgery remains. She stated the issue is still being investigated by the providers and carriers. Based on the preponderance of the evidence, the Court cannot order payment of past medical benefits at this time. 3 IT IS ORDERED AS FOLLOWS: 1. Ms. Giro is entitled to permanent partial disability in the amount of $1,656.86. Ebenezer Children’s Academy, LLC, shall pay her that amount. 2. Ebenezer shall provide Ms. Giro future medical benefits under Tennessee Code Annotated section 50-6-204(a)(1)(A). 3. Ms. Giro’s request for payment of past medical expenses or reimbursement for what she has paid is denied. 4. Ebenezer’s request for an alleged overpayment of temporary disability benefits is denied. 5. Ebenezer Children’s Academy, LLC, shall pay the Court Clerk the $150 filing fee within five business days of entry of this Order. 6. Ebenezer Children’s Academy, LLC shall prepare and submit the SD-2 with the Clerk within ten days of the date of judgment. 7. Unless appealed this Order shall become final 30 days after entry. ENTERED October 20, 2026. Brian K. Addington ________________________________________ JUDGE BRIAN K. ADDINGTON Court of Workers’ Compensation Claims APPENDIX Exhibits: 1. Physician panel 2. Wage Statement 3. Medical records of East Tennessee Medical Group 4. Medical records of Ortho Tennessee 5. Erie Insurance Payment Ledger 6. MRI 7. Termination Notice 4 CERTIFICATE OF SERVICE I certify that a copy of this Order was sent as indicated on October 21, 2026. Name Email Sent to Vicki Giro, employee X Amy Brown, amy.brown@petersonwhite.com X employer’s attorney _______________________________________ Penny Shrum Clerk, Court of Workers’ Compensation Claims WC.CourtClerk@tn.gov 5 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