VILLAREAL, JAIRO NOE MORALES
2025 TN WC 79
| Tenn. Ct. Work. Comp. Cl. | 2025|
Check Treatment FILED
Nov 17, 2025
02:44 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT NASHVILLE
JAIRO NOE MORALES ) Docket No.: 2025-60-2740
VILLAREAL, )
Petitioner, )
v. ) State File No.: 860121-2025
)
HECTOR CERDA, ) Judge Robert Durham
Respondent. )
EXPEDITED HEARING ORDER DENYING BENEFITS
This Court held an Expedited Hearing on November 5, 2025. Mr. Morales
requested benefits after falling from a ladder and fracturing several vertebrae in his thoracic
spine. 1 For the reasons below, the Court holds that Mr. Morales did not establish he is
likely to prove that Mr. Cerda was his employer at the time of his injury.
History of Claim
On July 2, 2024, Mr. Morales fell more than 25 feet from a ladder while painting a
house. The accident resulted in several vertebrae fractures, a fractured sternum, and 12
days in the hospital. Mr. Morales testified that he did not return to work after the injury
and he remains disabled. He is seeking temporary disability benefits and continued
medical treatment in Mexico, where he had to move to receive assistance from his family.
Mr. Morales testified that when he was released from the hospital, Mr. Cerda
brought him home, fed him, and gave him $300 a week for two months, but that is the
extent of benefits received for his injury. He also testified that he requires physical therapy
in Mexico but cannot afford it.
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Mr. Morales requested that the hearing be held by telephone. The Court granted the motion and in the
order informed Mr. Cerda that he could appear by telephone as well. Mr. Cerda responded in an email
saying that he was out of the country, and although he knew Mr. Morales, Mr. Morales had never worked
for him. He did not appear for the hearing.
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Regarding his employment status, Mr. Morales named Mr. Cerda as his employer
in his petition for benefit determination and testified at the hearing that he worked for Mr.
Cerda as a painter. He said Mr. Cerda identified himself as the owner of the business, hired
him, gave him instructions, and provided materials. He asserted that he worked 35 to 40
hours per week, and Mr. Cerda paid him in cash at a rate of $22 to $24 an hour.
However, in his Rule 72 statement, Mr. Morales said that he worked for Handyman
Home Improvement, LLC. In addition to his testimony, Mr. Morales provided the
Uninsured Employer’s Fund investigative report. According to the report, the employer’s
name was “Handyman Home Improvement, LLC.” The investigator checked this name in
the NCCI database and discovered it did not have insurance coverage for July 2, 2024. She
then called the listed owner, Angelica Espinoza, who confirmed the company did not have
insurance on the date of injury. Mr. Morales testified that Ms. Espinoza is Mr. Cerda’s
wife and he operated everything under her name.
Finally, Mr. Morales testified that while he did not file a petition with the Bureau
until April 28, 2025, he had reached out to the Bureau for assistance in November 2024.
He said the Bureau sent him paperwork, but he did not fill it out at the time because he had
no one to help him.
Findings of Fact and Conclusions of Law
Mr. Morales must prove a likelihood of prevailing at a hearing on the merits that he
is entitled to benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2024).
The threshold issue is whether Mr. Morales is likely to prove that Mr. Cerda was
his employer. The Appeals Board has held that the petition is the “general equivalent of a
complaint as contemplated in the Tennessee Rules of Civil Procedure.” Vickers v. Amazon,
2019 TN Wrk. Comp. App. Bd. LEXIS 52, at *7 (Aug. 20, 2019). Thus, Mr. Cerda is the
party against whom Mr. Morales requested benefits when he filed his petition.
However, in reviewing the record and considering Mr. Morales’s testimony, it
appears that Mr. Morales’s employer was not Mr. Cerda but Handyman Home
Improvement, LLC. Mr. Morales identified Handyman as his employer in the Rule 72
statement he attached to his petition. In addition, the Uninsured Employers Fund
investigative report also identified Handyman as the employer and the entity without
workers’ compensation insurance. Further Ms. Espinoza, not Mr. Cerda, was listed as the
owner.
Finally, Mr. Morales testified at the hearing that Ms. Espinoza was Mr. Morales’s
wife, and while he ran everything through her name, he ran the business. The Court has
no reason to doubt Mr. Morales’s assertion; however, it does not prove that Mr. Cerda
employed Mr. Morales. A limited liability company exists “separate and apart” from its
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members, and a member cannot be held individually liable for the obligations of the LLC.
Johnson v. Tanner-Peck, LLC, 2011 Tenn. App. LEXIS 169, at *45 (Tenn. Ct. App. 2011).
Therefore, the Court must deny Mr. Morales’s claim against Mr. Cerda, since he is
not likely to prove that Mr. Cerda was his employer at the time of his accident.
IT IS ORDERED:
1. Mr. Morales’s request for benefits is denied at this time.
2. This case is set for a Scheduling Hearing on December 15, 2025, at 11:00 a.m.
Central Time. The parties must call 615-253-0010. Failure to appear might
result in a determination of the issues without the party’s participation.
3. Mr. Morales is encouraged to contact an Ombudsman at 800-332-2667 to
request a Certificate of Nonrepresentation so he may receive limited legal advice
from an attorney advisor.
ENTERED November 17, 2025.
_____________________________________
ROBERT DURHAM, JUDGE
Court of Workers’ Compensation Claims
Exhibits:
1. Mr. Morales’s Rule 72 Statement
2. Uninsured Employer’s Fund Investigative Report
3. Petition for Benefit Determination
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CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on November 17, 2025.
Name Mail Email Service sent to:
Jairo Noe Morales Villareal, X villarreal199@icloud.com
Employee
Hector Cerda, X X 1402 Hunters Branch Road
Employer Nashville, TN 37013
hectorcerda23@gmail.com
_____________________________________
PENNY SHRUM, Court Clerk
WC.CourtClerk@tn.gov
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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 | 1-800-332-2667
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 *
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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]
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