JD RUSSELL v. BENCHMARK CONTRACTORS, LLC, ET AL. - Articles

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JD RUSSELL v. BENCHMARK CONTRACTORS, LLC, ET AL.

Posted by: Azya Thornton on Mar 6, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: Jeffrey G. Foster, Hendersonville, Tennessee, for the employer-appellant, Benchmark Contractors, LLC.

Attorneys 2: Lauren B. Ray, Nashville, Tennessee, for the employee-appellee, JD Russell.

Judge(s): WEAVER

In this interlocutory appeal, the employer challenges the trial court’s award of temporary disability benefits and attorneys’ fees. The employee suffered multiple injuries requiring treatment at an emergency room when a tripod fell on him at work. After the employee’s discharge, the employer did not offer a panel of physicians, so the employee followed up with his primary care physician, who restricted him from working. The employee then suffered a stroke, necessitating additional emergency medical care. Several weeks later, after the employee retained counsel, the employer offered two separate panels but indicated that it would not authorize any appointments until it had received the employee’s recent medical records. The employee returned the signed panels more than four months later, and both panel-selected physicians opined the employee should have been restricted from working since the date of the accident. The employer paid temporary disability benefits as of the date the employee first saw an authorized physician, but it denied any temporary disability benefits before that date due to the employee’s delay in returning the signed panels, which it deemed noncompliance. After an expedited hearing, the trial court awarded the requested disability benefits and also awarded attorneys’ fees, determining the employer had acted unreasonably in delaying the authorization of medical treatment and the payment of temporary disability benefits. The employer has appealed. Having carefully reviewed the record and arguments of counsel, we affirm the award of temporary total disability benefits, reverse the award of attorneys’ fees, and remand the case.

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