Barry Braboy v. US Foods, Inc.

Summary

The Tennessee Court of Workers’ Compensation Claims held that Barry Braboy sustained a compensable back injury arising from a March 2, 2023 workplace incident while working for US Foods, Inc. The court found that he met the statutory requirements for extraordinary relief and awarded 275 weeks of benefits totaling $306,190.50, along with future medical expenses and discretionary costs. The court also referred the employer and carrier to the Compliance Program for possible penalties based on the failure to offer a panel of physicians.

Holdings

1. Braboy sustained a compensable back injury that primarily arose out of the March 2, 2023 work incident.
2. Braboy retained a 13 percent permanent impairment from the compensable injury.
3. Braboy satisfied the requirements for extraordinary relief and was entitled to benefits not exceeding 275 weeks, rather than being limited to increased benefits under section 50-6-207.
4. US Foods was ordered to pay extraordinary benefits of $306,190.50, representing 275 weeks at $1,113.42 per week, together with a 20 percent attorney fee, future medical expenses, discretionary costs of $2,213.17, and the $150 filing fee.

Questions Presented

1. Whether Braboy sustained a compensable back injury arising primarily out of the March 2, 2023 work incident.
2. Whether Braboy established a 13 percent permanent impairment resulting from the work injury.
3. Whether Braboy satisfied the statutory requirements for extraordinary workers' compensation benefits under Tennessee Code Annotated section 50-6-242 rather than being limited to increased benefits under section 50-6-207.
4. Whether Braboy was entitled to future medical expenses and discretionary costs.
5. Whether the employer and carrier should be referred for investigation of possible penalties for failing to provide a panel of physicians.

Disposition

other