VILLAREAL, JAIRO NOE MORALES v. HANDYMAN HOME IMPROVEMENT, LLC
CourtTennessee Court of Workers' Compensation Claims
Date FiledOctober 22, 2026
Docket2025-60-2740
JudgeDurham
StatusPublished
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Full Opinion
FILED
Oct 22, 2026
11:06 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
JAIRO NOE MORALES Docket No. 2025-60-2740
VILLAREAL,
Employee, State File No. 860121-2025
v.
HANDYMAN HOME Judge Robert Durham
IMPROVEMENT, LLC,
Uninsured Employer.
EXPEDITED HEARING ORDER GRANTING BENEFITS
(DECISION ON THE RECORD)
The Court considered Mr. Morales’s request for an Expedited Hearing based
on the record on October 14, 2026.
In an earlier expedited hearing order, the Court ordered Handyman Home
Improvement to provide medical treatment for Mr. Morales’s work-related injury.
However, the Court declined to order payment of temporary disability benefits
because Mr. Morales did not submit evidence to establish his compensation rate or
the duration of his disability. The Court further found that Mr. Morales did not prove
he was a Tennessee resident at the time of his injury and thus did not meet the
threshold to seek benefits from the Uninsured Employer’s Fund.
Since that order, Mr. Morales has gathered additional evidence and requested
another expedited hearing. The Court finds that Mr. Morales is likely to prove that
Handyman must pay temporary disability benefits for his work-related injury.
However, he is not likely to prove entitlement to benefits from the Uninsured
Employers Fund at this time.
History of Claim
On July 2, 2024, Mr. Morales fell more than 25 feet from a ladder while
painting a house for Handyman. The accident resulted in several vertebrae fractures,
a fractured sternum, and 12 days in the hospital. Mr. Morales testified that he did
not return to work after the injury and remains disabled. When he was released from
the hospital, Handyman gave him $300 a week for two months, but that is all the
benefits he received, since Handyman did not have workers’ compensation
insurance. Mr. Morales moved back to Mexico to receive assistance from his family.
He filed a petition for benefit determination on April 28, 2025.
Mr. Morales introduced a medical report dated July 8, 2026, from Dr. Luis
Armando Santiago Zambrano, who is currently treating him in Mexico. Dr. Santiago
stated that Mr. Morales’s work-related spinal injury totally disabled him from
working from July 2, 2024, through July 8, 2026. He further stated that Mr. Morales
requires “complete rest and rehabilitation” and should “avoid physical labor.”
Handyman did not offer any evidence to rebut Dr. Santiago’s opinions.
In a Rule 72 Statement, Mr. Morales said that Handyman paid him $25 an
hour in cash, and he worked 35 to 40 hours a week. Handyman did not rebut this
statement, either.
Finally, Mr. Morales offered a consular identification card from Mexico to
prove his residency in Tennessee at the time of his injury. The card is valid from
April 19, 2024, through April 19, 2029, and lists a home address in Nashville,
Tennessee.
Law and Analysis
To obtain his requested benefits, Mr. Morales must show a likelihood of
prevailing at a compensation hearing. Tenn. Code Ann. § 50-6-239(d)(1) (2025).
At the earlier expedited hearing, the Court found that Mr. Morales was likely to
prove at a compensation hearing that he was Handyman’s employee and that he
suffered a work-related injury on July 2, 2024.
The Court’s order that Handyman pay for Mr. Morales’s reasonable and necessary
medical expenses caused by this injury remains in effect. As for temporary disability
benefits, Mr. Morales has now submitted unrebutted evidence that Handyman paid
him $25 an hour for 35 to 40 hours of work per week. Thus, the Court finds Mr.
Morales is likely to prove an average weekly wage of at least $875, which is $25
multiplied by 35 hours. This results in a compensation rate of $583.33.
Mr. Morales also provided unrebutted evidence from his treating doctor that
he was temporarily totally disabled from July 2, 2024, through July 8, 2026, or 736
days. This equals $65,499.63 in temporary total disability benefits. Mr. Morales
testified that Handyman paid him $300 a week for two months immediately after his
injury. The period from July 2 through September 2 is 62 days. Thus, Handyman’s
payment equals $2,657.14. The Court holds Handyman must pay Mr. Morales the
remaining $62,842.49 in temporary total disability benefits.
Finally, since Handyman was uninsured at the time of Mr. Morales’s injury,
Mr. Morales seeks an award of temporary disability benefits and medical expenses
from the Uninsured Employers Fund under section 50-6-801. To be eligible, Mr.
Morales must establish that he worked for an uninsured employer and that 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. Id. § 50-6-801(1)-(2). The Court finds that
Mr. Morales met both those elements.
However, he must also establish that he was a Tennessee resident on the date
of injury and that within 180 days of that date, he notified the Bureau about his injury
and Handyman’s lack of insurance. Id. § 50-6-801(3)-(4). Mr. Morales presented a
consular identification card to prove legal residency in Tennessee. However, even
assuming the identification card is enough to prove residency, Mr. Morales cannot
satisfy the final element. On this record, his first established contact with the Bureau
was the petition for benefit determination filed on April 28, 2025, 300 days after his
injury. Thus, the Court finds that at this time Mr. Morales is not entitled to apply
for assistance from the Uninsured Employers Fund.
IT IS ORDERED:
1. In addition to the payment of medical expenses previously ordered, Handyman
must pay Mr. Morales $62,482.49 in temporary total disability benefits.
2. This case is set for a Scheduling Hearing on November 19, 2026, at 9:00 a.m.
Central Time. The parties must call 615-253-0010 or 855-689-9049 to
participate. Failure to call might result in a determination of the issues without
the party’s participation.
Unless interlocutory appeal of the Expedited Hearing Order is filed, compliance
with this Order must occur by seven business days of entry of this Order as
required by Tennessee Code Annotated section 50-6-239(d)(3). Failure to
comply might result in referrals to the Compliance Program for consideration
of the imposition of penalties, as well as a finding of contempt under section
50-6-238(a)(5).
3. Mr. Morales has not proven he is entitled to benefits from the Uninsured
Employers Fund.
ENTERED October 22, 2026.
____________________________________
JUDGE ROBERT DURHAM
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Mr. Morales’s Rule 72 statement
2. C-32 Written Medical Form from Dr. Santiago
3. Expedited Request for Investigation
4. Consular identification card
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on October 22, 2026.
Certified
Name Email Service sent to:
Mail
Jairo Noe Morales
Villareal X
Handyman Home 1402 Hunters Branch Road
Improvement, LLC X X Nashville, TN 37013
c/o Angelica Espinoza Angelicaespi83@icloud.com
Compliance Program X WCCompliance.Program@tn.gov
____________________________________
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