The Tennessee Court of Workers’ Compensation Claims has ruled in favor of Terry Gandy, a former truck driver, in a case against Marten Transport. The court determined that Gandy is likely to prove at a full hearing that his work-related injury led to a severe infection, amputation, and ongoing medical needs. This decision grants Gandy immediate benefits, including payment for past medical expenses and authorization for future treatment.
The Incident and Its Aftermath
Gandy, who worked for Marten Transport, sustained an injury while on the job. According to court documents, he scratched his arm when attempting to unscrew a bulkhead on his truck’s trailer. He initially cleaned the wound and continued working. However, the injury worsened, leading to severe illness.
Over the next few days, Gandy’s condition deteriorated. He experienced nausea, vomiting, and fatigue. Eventually, he was rushed to the hospital, where doctors diagnosed him with group A streptococcus and necrotizing fasciitis, a severe flesh-eating bacterial infection. As a result of the infection, Gandy’s left arm was amputated, and he underwent multiple surgeries. The medical bills associated with his treatment totaled a staggering $749,523.23.
Marten Transport denied Gandy’s claim for workers’ compensation benefits, leading him to seek legal recourse.
Medical Evidence and Conflicting Opinions
The court heard testimony from Gandy, his wife, and medical experts. Two doctors provided crucial medical opinions. Dr. Michael Gelfand, who reviewed Gandy’s medical records, stated that the work-related laceration was the primary cause of the amputation. He concluded that the injury allowed the bacteria to enter Gandy’s body.
Dr. Anthony Cumbo, another medical professional, also reviewed the records. While he acknowledged the potential for a work-related injury, he expressed doubts about the exact circumstances. Dr. Cumbo believed that Gandy’s pre-existing health conditions were the primary factor that allowed the infection to progress.
The Court’s Findings
The court considered the conflicting medical opinions, as well as the testimony from Gandy and his wife. Judge Brian K. Addington ultimately sided with Gandy, concluding that he is likely to prove at a full hearing that his work injury was the primary cause of his medical issues.
The court acknowledged some inconsistencies in Gandy’s account of the incident. However, it attributed these discrepancies to the effects of the flesh-eating bacteria, the exhaustion he experienced, and the surgeries he underwent. The court also noted that there was no evidence of any other injury.
The judge emphasized that an employer takes its employees as they find them. In other words, if a work-related injury aggravates a pre-existing condition, the employer is still responsible for the resulting medical treatment.
Based on these findings, the court ordered Marten Transport to take the following actions:
* Pay Gandy’s past medical expenses of $749,523.23.
* Provide ongoing medical treatment with Dr. Karen Bloch, a physician chosen by Gandy.
* Offer a panel of psychiatrists for Gandy’s mental health needs.
Temporary Disability and Attorney’s Fees
The court also addressed Gandy’s claim for temporary total disability benefits, which cover lost wages while he was unable to work. Although the court could not determine the exact amount of benefits owed at this stage, it found that Gandy is entitled to these benefits from the day after he entered the hospital until his release. The court reserved ruling on this issue, meaning it will be determined later.
Gandy also requested attorney’s fees, arguing that Marten Transport unreasonably denied his claim. The court denied this request, stating that the circumstances did not warrant such an award at this stage of the case.
Next Steps and Potential Appeal
The court scheduled a status hearing for January 23, 2026, to monitor the case’s progress.
Marten Transport has the right to appeal the court’s decision to the Workers’ Compensation Appeals Board. If they choose to do so, they must file a notice of appeal within seven business days of the order’s filing.