Jayne-Anne Patrick v. Topgolf

Summary

The Tennessee Court of Workers’ Compensation Claims held that Jayne-Anne Patrick was likely to prevail on entitlement to continuing medical treatment, including revision knee surgery, and temporary partial disability benefits beginning January 6, 2026. The court ordered Topgolf to pay benefits at a weekly rate of $509.04 and awarded the employee’s attorney 20% of accrued and ongoing benefits. The court declined to award additional attorney fees at that stage and ordered Topgolf to provide documentation regarding a potential civil penalty for unpaid benefits.

Holdings

1. Patrick was entitled to continuing medical treatment reasonably necessary for her June 1, 2024 injury, including the surgery recommended by Dr. Kaminsky.
2. Patrick did not show that she was likely to prove entitlement to temporary total disability benefits because none of her physicians took her completely off work and she lacked medical proof establishing temporary restrictions foreclosing employment.
3. Temporary disability benefits are generally not owed after maximum medical improvement, but they may be awarded when the maximum-medical-improvement determination was premature and incorrect.
4. Patrick was likely to prove entitlement to temporary partial disability benefits at the agreed weekly rate of $509.04 beginning January 6, 2026, until Dr. Kaminsky removed her restrictions or determined that she had reached maximum medical improvement.
5. Patrick was not entitled to attorney fees under Tennessee Code Annotated section 50-6-226(d)(1)(B) at that time.
6. The court declined to determine or order an adjustment for alleged unpaid or overpaid temporary disability benefits at the expedited stage.
7. Topgolf was ordered to provide documentation by April 29, 2026, explaining why a 25% civil penalty should not be assessed for unpaid temporary disability benefits.

Questions Presented

1. Whether Patrick was likely to prove entitlement to continuing medical treatment, including the surgery recommended by Dr. Kaminsky.
2. Whether Patrick was likely to prove entitlement to temporary total disability benefits after July 13, 2025.
3. Whether Patrick was likely to prove entitlement to temporary partial disability benefits after Dr. Dyer's maximum-medical-improvement determination and, specifically, beginning January 6, 2026.
4. Whether Patrick was entitled at the expedited stage to attorney fees for unpaid temporary disability benefits.
5. Whether the court should immediately determine or adjust alleged unpaid or overpaid temporary disability benefits.
6. Whether Topgolf should be required to explain why a statutory 25% penalty should not be assessed for unpaid temporary disability benefits.

Disposition

other