FILED
Jun 25, 2026
08:35 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
NICOLE FLOWERS, Docket No. 2026-50-2217
Employee,
v.
APCOM, State File No. 860099-2026
Employer,
and
SENTRY INS. CO, Judge Dale Tipps
Carrier.
EXPEDITED HEARING ORDER DENYING BENEFITS
(DECISION ON THE RECORD)
The Court considered this case on June 18, 2026, for an expedited hearing on
the record. The issue is whether Ms. Flowers is likely to prevail on medical and
temporary disability benefits at trial. Without evidence that she filed her petition
timely or that an applicable exception applies, the Court holds she is not likely to
meet this burden and denies the requested benefits.
History of Claim
Ms. Flowers filed an April 8, 2026 petition alleging injuries to both arms
caused by repetitive lifting from two years ago, in April 2024. She listed the date of injury as April 3, 2024, but also wrote in the petition that “[c]umulative trauma was documented and reported via medical records on April 8, 2024.” Ms. Flowers also
alleged that APCOM underpaid her benefits because it used the incorrect hourly pay
rate.1 Further, it had denied her claim based on “late notice.”
Ms. Flowers requested an expedited hearing on the record with two hearing
1This allegation does not refer to temporary disability ben efits paid under the Workers’ Compensation Law, but to payments made under Ms. Flowers’ short-term disability plan.
1
requests filed only weeks apart, both with affidavits. These filings, along with the
petition and dispute certification notice, show that Ms. Flowers seeks an order
compelling APCOM to provide medical treatment, including physical therapy, and
temporary total disability benefits.2
The Court determined that an on-the-record review was appropriate and
issued a docketing notice on May 28, setting deadlines for the parties to file any
additional documentation, objections, and position statements. Both parties filed
additional evidence.
In addition to the affidavits filed with her hearing requests, Ms. Flowers filed
payroll records, a voicemail recording, a Fit for Duty Certification, and a Bureau
letter. 3
APCOM filed Rule 72 statements from Chris Wheeler and Wendy Henkle,
employees in APCOM’s human resources department, and Kathleen Jeremiah, a
claims specialist for the carrier.
Ms. Flowers objected to some of APCOM’s other proposed evidence.
Specifically, she objected to an audio recording of a voicemail she purportedly left
for APCOM employee Jonathan Dansby in 2024. She alleged the recording is
incomplete and/or taken out of context.4 Ms. Flowers’s objection is overruled, as
her objections go to weight rather than admissibility.
Ms. Flowers also “objected” to the sworn declaration of Chris Wheeler.
However, the objection was not an evidentiary one. Instead, Ms. Flowers essentially
argued that the statement was untrue. Since she stated no admissibility grounds for
excluding the document, her objection is overruled. 5
2 As noted in previous orders, she also requested permanent total disability benefits, Rule 11
sanctions, an audit of records, and reimbursement for underpayment of her short-term disability, all of which are issues for which the Court either lacks jurisdiction or cannot consider in an expedited hearing.
3
Most of the information in Ms. Flowers’s first affidavit, as well as the majority of her documents, relates to her allegation that APCOM miscalculated or misreported her earnings to the disability carrier.
4 Ms. Flowers also demanded immediate production of the entire recording, as well as her entire
medical file and work file. This demand, as well as multiple filings of similar requests and allegations of withholding evidence, are denied, as they are not consistent with the discovery process set out in the Tennessee Rules of Civil Procedure. If and when properly served discovery requests are not timely answered, the Court will consider motions to compel.
5 Similarly, the rest of Ms. Flowers’s June 9 filing, including allegations of fraud, notice of intent
2
Finally, Ms. Flowers objected to APCOM’s June 17 brief. In an email to
APCOM’s counsel and the Court, she contended the brief was filed after the deadline
set out in the docketing notice. She also accused counsel of unethical behavior and
threatened her with a complaint to the Board of Professional Responsibility. Ms.
Flowers asked that the brief be stricken and requested that counsel “be penalized to
the fullest extent of the law.”
Ms. Flowers miscalculated the deadline. APCOM’s brief was not late and
will not be excluded. Further, the Court admonishes Ms. Flowers that, although
parties are to be copied, filings should only address the Court and not other parties. The Court will not tolerate the unseemly practice of parties directing accusations,
complaints, or other allegations to one another in their filings.
Findings of Fact and Conclusions of Law
Ms. Flowers must prove she is likely to prevail at a compensation hearing.
Tenn. Code Ann. § 50-6-239(d)(1) (2025); McCord v. Advantage Human
Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015).
The threshold issue is whether Ms. Flowers’s claim is barred by the statute of
limitations. When an employer has not paid workers’ compensation benefits, an
employee’s claim is barred unless they file a petition for benefit determination within one year after the accident resulting in injury. Tenn. Code Ann. § 50-6-203(b)(1).
In cumulative trauma cases, “a court may determine the date of injury by considering
the last day worked[.]” Nickerson v. Knox County Gov’t, 2020 TN Wrk. Comp.
App. Bd. LEXIS 52, at *13 (Sept. 2, 2020).
As noted above, Ms. Flowers asserted in her petition that her injury occurred
in April 2024. Because she alleged cumulative trauma, other dates may be relevant.
According to Mr. Wheeler and Ms. Henkle, Ms. Flowers’s last day working for
APCOM was May 2, and she informed APCOM in July that her condition was workrelated but declined to file a claim. Instead, she chose to remain on short-term
disability. Ms. Flowers stated in one of her affidavits that APCOM terminated her
employment on October 11, 2024.
to subpoena telephone records, accusations of suppression of medical evidence, statutory violations, and falsified information, was mere unsworn allegation or argument. The Court will not admit or consider these statements as evidence.
3
Regarding benefit payments, Ms. Jeremiah confirmed that APCOM never
authorized or furnished medical treatment or paid temporary disability benefits to
Ms. Flowers.
Ms. Flowers filed her petition on April 8, 2026, which is considerably more
than one year after the “accident resulting in injury,” or if viewed as a cumulative
injury, her last day worked. Further, she offered no proof that APCOM ever
voluntarily paid any benefits for this injury. These circumstances suggest that the
statute of limitations has run on her claim.
However, when an employer meets its burden to prove facts that would bar
the claim, such as the expiration of the statute of limitations, the burden shifts to the employee to demonstrate a recognized exception. Cloyd v. Hartco Flooring Co.,
274 S.W.3d 638, 647 (Tenn. 2008). Ms. Flowers contended in her May 8 affidavit
that APCOM “should be estopped from asserting a Statute of Limitations defense,
as their own illegal failure to file timely reports and their ongoing deceptive conduct created the delay.”
Ms. Flowers is correct that, in some cases, employers may be estopped from
asserting a statute of limitations defense where “an employee justifiably relies upon misrepresentation or concealment of a material fact by her employer” that is
“specifically designed to prevent the employee from suing in a timely manner.”
Arnold v. Courtyard Mgmt. Corp., No. W2015-02266-SC-WCM-WC, 2016 Tenn.
LEXIS 648, at *10-11 (Tenn. Workers' Comp. Panel Sept. 28, 2016) (citations
omitted). An employee's reliance on the alleged misrepresentation is a required
element of estoppel, and the party invoking the doctrine of equitable estoppel bears
the burden of proof. Id.
Ms. Flowers’s proof is insufficient to meet this burden. She alleged that
APCOM hindered her claim by failing to file a First Report of Injury until 2026. She
also objected to the “impossible” injury date mistakenly given on that form as April
3, 2026. However, merely late filing a Bureau form is insufficient to constitute a
material misrepresentation or to estop an employer from asserting a statute of
limitations defense. Jose Cisneros Brandenburg Industrial Service Co., et al., 2026
TN Wrk. Comp. App. Bd. LEXIS 4, at *14 (Jan. 22, 2026).
Ms. Flowers also contended that APCOM intentionally induced her to file for
short-term disability instead of workers’ compensation. However, none of the proof
submitted by the parties supports her contention that APCOM steered her away from
filing a workers' compensation claim or “engaged in conduct specifically designed
4
to prevent” her from doing so. Similarly, Ms. Flowers offered no proof that she
relied on the alleged misrepresentation.
Because Ms. Flowers presented no proof of filing her claim within one year
of her injury date or last day worked, and because she did not demonstrate a
recognized exception to the one-year period of limitations, the Court must hold she
is not likely to prevail at a hearing on the merits.
IT IS, THEREFORE, ORDERED as follows:
1. Ms. Flowers’s claim against APCOM is denied at this time.
2. This case is set for a Scheduling Hearing on September 2, 2026, at 10:30 a.m.
You must call 855-874-0473. Failure to call might result in a determination
of the issues without your further participation. All hearings are set using
Central Time.
ENTERED June 25, 2026.
JUDGE DALE TIPPS
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. Documents attached to Ms. Flowers’s May 8, 2026 Request
2. Documents attached to Ms. Flowers’s May 26, 2026 Request
3. Recording of voicemail from Chris Wheeler to Ms. Flowers
4. April 9, 2026 Bureau letter to The Hartford
5. April 2026 email from Chris Wheeler to The Hartford
6. May 2026 payroll record from AOSmith (APCOM)
7. October 2024 payroll record from AOSmith (APCOM)
8. December 2023 payroll record from AOSmith (APCOM)
9. July 12, 2024 Fit For Duty Certification from Dr. Lee Hunter
10. Recording of voicemail from Ms. Flowers to Jonathan Dansby
5
11. Rule 72 Declaration of Wendi Henkle
12. Rule 72 Declaration of Chris Wheeler
13. Rule 72 Declaration of Kathleen Jeremiah
6
CERTIFICATE OF SERVICE
I certify that a copy of this order was sent as shown on June 25, 2026.
Name Mail Email Service sent to:
Nicole Flowers, X
Employee
Lee Anne Murray, X leeamurray@feeneymurray.com
Employer’s Attorney
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
7
Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
¾ If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
¾ If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on the opposing party (or attorney,
if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar
days after filing the Notice of Appeal. Payments can be made in-person at any Bureau office
or by U.S. mail, hand-delivery, or other delivery service. In the alternative, you may file an
Affidavit of Indigency (form available on the Bureau’s website or any Bureau office)
seeking a waiver of the filing fee. You must file the fully-completed Affidavit of Indigency
within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing
fee or file the Affidavit of Indigency will result in dismissal of your appeal.
3. You are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
4. After the Workers’ Compensation Judge approves the record and the Court Clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov -800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
Employee
v.
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the Workers’ Compensation Appeals Board;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________ ප Compensation Order filed on__________________ ප Other Order filed on_____________________ issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ܆Employer ܆Employee Address: ________________________________________________________ Phone: ___________________ Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________ Attorney’s Email: ______________________________________________ Phone: _______________________ Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ܆Employer ܆Employee Appellee’s Address: ______________________________________________ Phone: ____________________ Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________ Attorney’s Email: _____________________________________________ Phone: _______________________ Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this case on this the __________ day of ___________________________________, 20 ____.
[Signature of appellant or attorney for appellant]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082