MARKCUS VALENTINE v. VOLKSWAGEN OF AMERICA, INC., ET AL. - Articles

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MARKCUS VALENTINE v. VOLKSWAGEN OF AMERICA, INC., ET AL.

Posted by: David Lazar on Jul 17, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: Markcus Valentine, employee-appellant, pro se.

Attorneys 2: Jeffrey Powell, Nashville, Tennessee, for the employer-appellee, Volkswagen of America, Inc.

Judge(s): CONNER

In this interlocutory appeal, the employee asserts the trial court issued its expedited hearing order without a complete evidentiary record and that, therefore, the order should be reversed. The employee reported suffering pain in his mid-back and shoulder after pushing a heavy cart at work. He was eventually provided a panel of physicians, from which he selected the physician at the employer’s on-site medical clinic. After the employee was seen by several providers at that clinic, a nurse practitioner referred him to an orthopedic physician. The on-site clinic’s supervising physician, who had never examined the employee personally, approved the referral, as did the employer. Thereafter, the orthopedic physician determined that the employee had suffered a thoracic strain at work that had resolved. He placed the employee at maximum medical improvement and released him to return to work without restrictions. The employee then sought unauthorized medical care, including a cervical spine surgery, and filed his claim for additional medical and temporary disability benefits from the employer. Following an expedited hearing, the trial court declined to award additional benefits based on the unrebutted causation opinion of the orthopedic physician. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s interlocutory order and remand the case.

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