DEXTER M. ELSBERRY v. FEDERAL EXPRESS CORPORATION, ET AL. - Articles

All Content

DEXTER M. ELSBERRY v. FEDERAL EXPRESS CORPORATION, ET AL.

Posted by: Azya Thornton on Jul 9, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: Dexter M. Elsberry, employee-appellant, pro se.

Attorneys 2: Stephen P. Miller and Joseph B. Baker, Memphis, Tennessee, for the employer-appellee, Federal Express Corporation.

Judge(s): GODKIN

In this interlocutory appeal, the employee asserts the trial court erred in denying additional medical benefits. Specifically, the employee expressed his disagreement with the authorized treating physician’s opinions regarding his recovery status and impairment. The employee sustained an injury to his back, and the employer provided a panel of physicians and authorized medical treatment. The authorized physician diagnosed the employee with a lumbar strain and provided conservative care. He later opined that the employee’s ongoing complaints were inconsistent with his injury. After two subsequent emergency room visits, the employer provided another panel, and that physician also offered conservative treatment options. Based on a new complaint of intermittent numbness in both legs, the doctor opined that the employee’s symptoms were not related to his work incident and released him at maximum medical improvement with no impairment or restrictions. After an expedited hearing, the trial court found the employee was unlikely to prevail at trial in establishing that his current complaints and need for additional medical treatment are primarily caused by the work injury. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s order and remand the case.

Attachments: