The opinion
FILED
Dec 20, 2024
01:37 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT KNOXVILLE
DAMIEN YEOMAN, ) Docket No. 2024-30-2931
Employee, )
v. )
TRANSWOOD LOGISTICS, INC., )
Employer, ) State File No. 81990-2023
And )
ARCH INSURANCE COMPANY, )
Carrier. ) Judge Brian K. Addington
EXPEDITED HEARING ORDER GRANTING BENEFITS
The Court held an expedited hearing on December 6, 2024, to determine if Mr.
Yeoman is entitled to medical and temporary disability benefits. TransWood Logistics
defended on the ground that Mr. Yeoman did not offer a reasonable excuse for his failure
to give timely written notice. For the reasons below, the Court grants Mr. Yeoman’s request
for benefits.
Claim History
Mr. Yeoman drove cement trucks for TransWood. The parties agreed that he was
injured on September 26, 2023, when he slipped on a wet step as he was exiting his truck
and felt a pull in his right shoulder. He continued with the delivery and returned to his
home base.
Mr. Yeoman said he did not report his injury because he had not worked for
TransWood very long, and he did not want to “get caught up” in all that a workers’
compensation case entailed. Further, he thought it was a strain that would heal on its own.
He also did not often go to the doctor, and his mother scheduled appointments for him
when he did go.
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Mr. Yeoman lives with his mother, and he told her about the incident but did not
immediately go to the doctor. Thinking the injury was temporary, he self-limited at work
and rested when he was at home. When his mother noticed that he continued to experience
pain, she made an appointment for him with a nurse practitioner for October 10.
The nurse practitioner noted that Mr. Yeoman suffered preexisting conditions
including high blood pressure, bipolar and attention deficit disorders, and sleep apnea. As
for the current injury, he told the nurse practitioner that he believed he may have injured
his shoulder while pulling a hose at his new job and that rest improved his shoulder pain.
The nurse practitioner requested x-rays and returned him to work.
On October 20, Mr. Yeoman’s manager, Jerry Smith, overheard him talking to a
dispatcher about possibly missing work for his shoulder. Mr. Smith testified that Mr.
Yeoman could not tell him the date the injury occurred but only that it happened in
Hendersonville, North Carolina. Mr. Smith looked through records and determined Mr.
Yeoman worked in Hendersonville on September 26.
Mr. Smith asked Mr. Yeoman to complete an accident report, but he only gave a
scant account. Despite the lack of detail, Mr. Smith reported the accident to corporate. Mr.
Smith testified he had no knowledge of the injury until October 20, and he did not observe
Mr. Yeoman in pain or needing assistance before then,
TransWood sent Mr. Yeoman to general practitioner Dr. James Howell, who
diagnosed a right-shoulder strain. He gave Mr. Yeoman lifting restrictions of no driving a
company vehicle or lifting more than ten pounds and referred him to physical therapy. Mr.
Yeoman notified TransWood of his restrictions, and it initially accommodated him at the
worksite. Later, it sent him to work for KARM, a non-profit, when it became unable to
accommodate the restrictions.
After a few physical therapy visits, Mr. Yeoman reported tingling in his fingers, and
Dr. Howell ordered an MRI. The MRI showed “high grade” tendon tears, and Dr. Howell
referred him to an orthopedic surgeon in January 2024. TransWood then denied his claim
contending that he did not give timely notice. It also stopped his work for the non-profit in
September after he missed a few days due to problems with his scheduling app.
While working light duty, Mr. Yeoman was unable to earn his average weekly wage.
TransWood paid him one temporary partial disability check but stopped paying when it
denied his claim. Mr. Yeoman argued TransWood owed him $17,565.94 in temporary
partial disability benefits through September 7. He requested that amount plus continuing
full temporary partial disability from September 8 because he has been unable to find work.
On November 13, Mr. Yeoman sent a questionnaire to Dr. Howell about causation
and the orthopedic referral. The questionnaire asked if his shoulder tears were more than
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50% related to his September 2023 injury, and Dr. Howell responded, “yes.” He also said
that Mr. Yeoman should only work under his previous restrictions. Lastly, Dr. Howell
wrote, “He needs to see the orthopedic specialist as soon as possible and per referral dated
January 23, 2024.”
TransWood acknowledged that it originally accepted the claim and provided
medical benefits, light-duty work, and some temporary partial disability benefits. It stopped
Mr. Yeoman’s benefits on the advice of counsel because he failed to give timely notice and
did not provide a reasonable excuse.
Findings of Fact and Conclusions of Law
Mr. Yeoman must show that he is likely to succeed at a hearing on the merits. Tenn.
Code Ann. § 50-6-239(d)(1) (2024).
Here, the parties agreed that Mr. Yeoman suffered an injury in the course and scope
of his employment. The parties further agreed that he did not report his injury, nor did
TransWood have actual knowledge, within 15 days of the incident as required by
Tennessee Code Annotated section 50-6-201(a)(1). Thus, unless Mr. Yeoman had a
reasonable excuse for his failure to give timely written notice, his claim must be denied.
Ernstes v. Printpack, Inc., No. W2023-00863-SC-R3-WC, 2024 Tenn. LEXIS 1, at *13-
14 (Tenn. Workers. Comp. Panel Jan. 2, 2024). When considering whether an employee
has shown a reasonable excuse, the Court can consider the employer’s actual knowledge
of the injury, the lack of prejudice to the employer, and the employee’s excuse. Id.
Mr. Yeoman gave several reasons for not meeting the statutory deadline. First, he
had not worked for TransWood very long, and he did not want to file a claim. The fear of
losing a job is not a reasonable excuse. Beck v. City of Brownsville, No. W2016-01402-
SC-R3-WC, 2017 Tenn. Lexis 407, at *11 (Tenn. Workers’ Comp. Panel July 18, 2017).
However, Mr. Yeoman did not state he feared losing his job. Rather, he did not want to
immediately report an injury after he started a new job for what he thought was a pulled
muscle that he believed would heal on its own.
Additionally, the nurse practitioner and the authorized doctor initially thought he
only suffered a strain—the very condition he thought he had. It was not until Mr. Yeoman
underwent an MRI that he and his doctor actually knew he had high-grade tendon tears.
Mr. Yeoman is a poor historian. He could not remember the first job he ever worked
or the exact year he started working. Though he had heard the agreement in court about his
date of injury, he could not recall the date until he had his memory refreshed.
When considering this evidence, the Court turns to the reasoning in Livingston v.
Shelby Williams Industries, Inc., 811 S.W.2d 511, 514 (Tenn. 1991). There, the Tennessee
Supreme Court held that a reasonable excuse for not giving timely notice includes injuries
3
where the symptoms do not reveal the seriousness of the injury, an employee and physician
have a limited understanding of his condition, and an employee is unable to keep
sequences and events.
Finally, TransWood was not prejudiced by Mr. Yeoman’s actions. Although he gave
scant information about the date of injury, the manager was able to discern the date it
occurred, complete reports about the injury, and send him to Dr. Howell. Mr. Yeoman
complied with Dr. Howell’s treatment, and TransWood complied with Dr. Howell’s light-
duty instructions. Mr. Yeoman has shown that his actions did not prejudice TransWood.
When considering Ernstes and Livingston together, the Court holds that Mr.
Yeoman provided a reasonable excuse for reporting his injury on October 20 and is likely
to succeed at a hearing on the merits. Thus, he is entitled to medical treatment
recommended by Dr. Howell, which at this time is a referral to an orthopedic specialist.
Further, Mr. Yeoman is entitled to $17,565.94 from October 27, 2023, until
September 7, 2024, and an additional amount of $10,410.15 from September 7 until the
date of this order because he was unable to find work.1 He is entitled to full temporary
partial disability benefits ongoing, since Dr. Howell continued the work restrictions.
IT IS ORDERED as follows:
1. Mr. Yeoman is entitled to a panel of orthopedists under section 50-6-
204(a)(3)(A)(ii) to treat his shoulder injury. TransWood shall provide ongoing
reasonable and necessary medical treatment for Mr. Yeoman’s shoulder injury
under section50-6-204(a)(1)(A).
2. Mr. Yeoman is entitled to past temporary partial disability of $17,565.94,
payable immediately as a lump sum. His counsel is entitled to fees of 20% from
this award.
3. Mr. Yeoman is entitled to full temporary partial disability benefits beginning
September 7, 2024, through the date of this order in the amount of $10,410.15
in lump sum as a result of his inability to find work within his restrictions. His
counsel is entitled to fees of 20% from this award.
4. Mr. Yeoman is entitled to ongoing temporary disability benefits beginning
December 20, 2024, until he finds work within his restrictions, the authorized
doctor ends the restrictions, or he reaches maximum medical improvement.
1
The evidence shows Mr. Yeoman’s average weekly wage is $1,040.96 and his compensation rate is
$694.01.
4
5. This case is set for a status hearing on February 19, 2025, at 10:00 a.m.
Eastern. Please dial 855-543-5044 to participate in the hearing. Failure to call
may result in a determination made without your participation.
6. Unless interlocutory appeal of the Expedited Order is filed, compliance with this
Order must occur no later than seven business days from the date of entry of this
Order as required by Tennessee Code Annotated section 50-6-239(d)(3). The
insurer or self-insured employer must submit confirmation of compliance with
this Order to the Bureau by email to WCCompliance.Program@tn.gov no later
than seven business days after entry of this Order. Failure to submit the necessary
confirmation within the period of compliance might result in a penalty
assessment for non-compliance. For questions regarding compliance, please
contact the Workers’ Compensation Compliance Unit via email at
WCCompliance.Program@tn.gov.
ENTERED December 20, 2024.
Brian K. Addington
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
Appendix
Exhibits:
1. Amended Rule 72 Declaration of Damien Yeoman
2. Affidavit of Jerry Smith
3. Accident Report
4. Wage Statement
5. Wage Spreadsheet
6. Correspondence
7. Medical Records-Cherokee Health Systems
8. Medical Records- Family Care Specialists
9. Medical Records- Select Physical Therapy
10. Radiology Report
11. Medical Causation Letter-Dr. James Howell
12. Tennessee Crash Report
13. Wage Spreadsheet
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CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent on December 20, 2024.
Name Certified Fax Email Service sent to:
Andrew Roberto, X aroberto@brownandroberto.com
Employee’s Attorney cwilliams@brownandroberto.com
Allison Tomey, X aptomey@mijs.com
Employer’s Attorney slmcculley@mijs.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
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ 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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