Umberger, Tucker v. Michael Ignatz d/b/a Attention to Details, LLC
2025 TN WC 28
| Tenn. Ct. Work. Comp. Cl. | 2025Background
- Tucker Umberger was injured in a fall while working at a construction project managed by Michael Ignatz, who operated as Attention to Details, LLC.
- Umberger claimed he was an employee entitled to workers’ compensation benefits; Ignatz argued he was an independent contractor.
- Ignatz did not have workers' compensation insurance, believing it was not required.
- Key facts showed Ignatz controlled work schedules, tasks, and provided tools; Umberger was paid hourly and was not allowed to set his own hours.
- After his injury, Umberger sought benefits for medical care and temporary disability and, due to Ignatz’s lack of insurance, also requested consideration from the Uninsured Employers Fund.
- The Court held an expedited hearing to decide entitlement to benefits and to determine employment status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Employment Status | Umberger was an employee due to Ignatz’s control, schedule setting, and hourly pay | Umberger was an independent contractor, not an employee, based on payment and lack of formalities | Umberger likely an employee; all factors favored employment |
| Injury Arising Out of Employment | Injuries directly resulted from work accident | Acknowledged accident but disputed employment relationship | Injury arose out of employment; compensable under WC statute |
| Entitlement to Medical Benefits | Needed medical care was work-related and not provided | No obligation to provide, as not an employer | Must provide all future reasonable, necessary treatment |
| Uninsured Employers Fund Eligibility | Qualifies due to working for uninsured employer, prompt notification | Not contested specifically | Eligible to apply for Uninsured Employers Fund benefits |
Key Cases Cited
- Thompsen v. Concrete Solutions, 2015 TN Wrk. Comp. App. Bd. (control is the key factor in employee/independent contractor analysis; method of payment and provision of tools are also important)
- Young v. Young Elec., 2016 TN Wrk. Comp. App. Bd. (employee may seek own treatment if employer fails to provide following compensable injury)
- Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. (standards for temporary total disability benefits and return to work)