GIRO, VICKI v. EBENEZER CHILDREN’S ACADEMY, LLC
CourtTennessee Court of Workers' Compensation Claims
Date FiledOctober 20, 2026
Docket2024-30-1416 State File No. 93941-2021 Judge Brian K. Addington COMPENSATION ORDER The
JudgeAddington
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
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