A Tennessee workers compensation appeals board upheld the denial of additional medical and temporary disability benefits to a Federal Express Corp. worker who failed to present medical evidence rebutting an authorized physician’s opinion that his continuing symptoms were unrelated to his work injury.
The Tennessee Workers’ Compensation Appeals Board on Thursday affirmed and remanded Elsberry v. Federal Express Corp., finding the worker had not shown he was likely to prevail at trial.
The worker injured his back in August 2025 while lifting rolls of carpet and placing them on a belt. An authorized physician diagnosed a lumbar strain and ordered conservative treatment. After subsequent emergency room treatment and an MRI showing a small disc protrusion, FedEx provided a panel of neurosurgeons.
The selected neurosurgeon diagnosed lumbar pain associated with a herniated disc without clinical evidence of radiculopathy and recommended an epidural steroid injection or continued conservative care. The worker later declined the injection and reported new numbness and tingling in both legs.
The physician concluded the new complaints were unrelated to the work accident, placed the worker at maximum medical improvement and found no permanent impairment or work restrictions.
The board said the physician’s opinion was the only expert medical evidence in the record and the worker presented no admissible expert evidence to rebut it.