HENRY MARTIN v. KIRBY BUILDING SYSTEMS, LLC, ET AL. - Articles

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HENRY MARTIN v. KIRBY BUILDING SYSTEMS, LLC, ET AL.

Posted by: Tanja Trezise on Mar 20, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: W.Troy Hart and Tiffany Hranicky, Knoxville, Tennessee, for the employer-appellant,Kirby Building Systems, LLC.

Attorneys 2: Adam Brock-Dagnan, Nashville, Tennessee, for the employee-appellee, Henry Martin.

Judge(s): GODKIN

This appeal involves an employee who reached maximum medical improvement with no permanent impairment after suffering a compensable injury to his thumb. The employee requested that the court enter an order reflecting that, although he was not entitled to any disability benefits, he remained entitled to reasonable and necessary future medical treatment causally related to the work injury. The employer argued that the employee’s petition was improperly filed because there was no current dispute for the court to address. The employee responded that a court order was necessary to ensure his right to future medical treatment was not lost due to the expiration of the statute of limitations. Following a compensation hearing, the trial court agreed with the employee and entered an order reflecting the employee was entitled to future medical benefits that are reasonable, necessary, and causally related to the work injury. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s order, conclude the employer’s appeal is frivolous, award attorneys’ fees for the frivolous appeal, and certify the order as final.

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