The opinion
FILED
Oct 17, 2025
08:28 AM(ET)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MURFREESBORO
WAYNE FREEMAN, ) Docket No. 2024-50-8550
Employee, )
v. )
UNITED ROAD SERVICES, INC., ) State File No. 31297-2024
Employer, )
And )
ACE AMERICAN INSURANCE CO., ) Judge Thomas Wyatt
Carrier. )
EXPEDITED HEARING ORDER DENYING MEDICAL BENEFITS
At an October 8, 2025 expedited hearing, Wayne Freeman sought treatment for a
torn right-rotator cuff. United Road Services argued that he is not entitled to the requested
benefits because he failed to give timely notice. For the reasons below, the Court denies
Mr. Freeman’s request.
Claim History
Mr. Freeman worked as a car hauler for United. This case involves an alleged right-
rotator-cuff injury that Mr. Freeman contends arose in the context of a 2022 compensable
injury to his left shoulder
Dr. Scott Arthur provided authorized conservative care of Mr. Freeman’s left
shoulder for more than a year. Mr. Freeman continued to work at United during this time.
His work included the repetitive use of his arms to operate a tie-down bar that extended
and shortened “flips” to change the size of the deck of his car trailer. Dr. Arthur eventually
diagnosed a tear in Mr. Freeman’s left shoulder that required surgery in April 2024.
During the hearing, Mr. Freeman testified that his ongoing left-shoulder pain caused
him to overuse his right arm and as a result he developed right upper-arm pain. He wrote
in a sworn statement that, at the time of his left-shoulder surgery, his right arm hurt almost
as badly as his left. He added, “the last straw [on my right arm] was when I had to close
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the rear flips so that I could legally drive the truck back to the terminal in Smyrna[.]” He
stated that his right arm “hurt like crazy” after this incident, which occurred while he was
unloading cars in Kingsport Tennessee on April 6, 2024, the last day he worked before his
left-shoulder surgery.
Mr. Freeman introduced two sworn declarations on the notice issue. In the first, he
wrote, “I did not report [the right-shoulder pain] because I thought the pain would go away
after a long rest [following left-shoulder surgery].” In the second, he stated that Dr. Arthur
prescribed pain medications after the left-shoulder surgery “that incapacitated me for
weeks and I did not know that [my right arm] was injured until my friend asked me why .
. . I could not raise my [right] arm high enough to get something off the shelf.”
At the hearing, Mr. Freeman added to his narrative about giving notice. He testified
that, either a few days before or a few days after his left-shoulder surgery, he told Greg
Snead, the handling adjuster, that United would have to pay for his right-arm surgery. Mr.
Snead filed a sworn statement that neither confirmed nor denied Mr. Freeman’s testimony.
However, Mr. Snead stated the carrier received notice of Mr. Freeman’s alleged right-arm
injury on May 3, instead of in early to mid-April as claimed by Mr. Freeman.
Steve Tinto, United’s workers’ compensation claim manager, testified that he
received a May 1, 2024 email from Mr. Freeman reporting that, on the last day he worked
before his left-shoulder surgery, he injured his right arm while lifting and folding the rear
upper deck flips of his truck. Mr. Tinto stated that United’s terminal manager received an
email from Mr. Freeman on May 2 reporting the same information. 1
United denied the claim for lack of timely notice.
Mr. Freeman then sought treatment on his own at Tennessee Orthopedic Alliance.
He reported a history of ongoing right-shoulder pain for “two or three years” and working
as a car hauler for 20 years with “a lot of overhead repetitive motion.” He denied knowing
of any specific injury.
Findings of Fact and Conclusions of Law
To recover in this expedited hearing, Mr. Freeman must establish that he is likely to
prevail at trial in showing that he timely provided notice. Tenn. Code Ann. §§ 50-6-201,
50-6-239(d)(1) (2024).
Section 50-6-201(a) requires an employee to give the employer written notice of a
work injury within 15 days after an injury by accident unless reasonable excuse for failing
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Mr. Freeman did not object to the admission into evidence of copies of the referenced emails, which were
made exhibits to Mr. Tinto’s sworn statement.
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to do so is shown. If an employee suffers a gradual or cumulative injury, subsection 201(b)
delays the duty to give notice until (1) the employee knows or reasonably should know that
he has suffered a work-related injury resulting in permanent physical impairment or (2) the
employee becomes unable to perform his regular duties due to a gradual or cumulative
injury that he knows or should know is work-related.
The Court first addresses whether Mr. Freeman’s right-rotator-cuff injury is related
to gradual or cumulative trauma. Mr. Freeman testified that the “last straw” in his right-
arm pain occurred on a specific date—April 6, 2024—and while he performed a specific
activity—using his right arm to operate the tie-down bar while unloading cars. Mr.
Freeman said his right-arm “hurt like crazy” after that specific incident. Based on this
evidence, the Court holds that Mr. Freeman will not prevail at trial in showing that his
right-arm injury is gradual or cumulative.
Turning to whether Mr. Freeman gave United timely notice of his accidental right-
rotator-cuff injury, the Appeals Board in Ernstes v. Printpack, Inc., 2023 TN Wrk. Comp.
App. Bd. LEXIS 25, at *8-10 (June 6, 2023), sets forth the factors to consider: 1) Did the
employee provide timely written notice? 2) If not, did the employer have actual notice of
the employee’s injury? 3) Did the employee give a reasonable excuse for failing to provide
written notice? The Appeals Board concluded in Ernstes that, if the answers to the above
factors are “no,” the court should deny the claim.
Here, Mr. Freeman gave written notice to United 25 days after he became aware
that his right arm “hurt like crazy” after he used it to operate the tie-down bar while
unloading cars. Thus, he did not provide written notice within 15 days of the date of injury
as required by statute.
Moving to the second factor, no evidence exists that United had actual notice of Mr.
Freeman’s alleged injury. Mr. Freeman’s statement that he told the adjuster a few days
before or after his left-shoulder surgery that United would have to pay for surgery on his
right arm is not credible. Before he gave that testimony, he filed a sworn statement that he
did not give anyone notice of his right-arm pain when it arose because he thought it would
go away.
Finally, the Court considers whether Mr. Freeman had a reasonable excuse for
failing to give United timely written notice of his right-rotator-cuff injury. Mr. Freeman’s
argument that his use of post-surgical medication reasonably excused his lack of timely
notice is not credible. He hurt his right arm three days before he underwent surgery and
could have given notice then. Also, he offered no evidence identifying the medication or
establishing medically that it impaired his ability to communicate notice of his injury.
Finally, Mr. Freeman’s assertion that he thought his right-arm pain would go away
while he recuperated from left-shoulder surgery is not a reasonable excuse. Mr. Freeman
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knew his arm “hurt like crazy” after using the tie bar while unloading at United’s customer,
and at that point, he had a duty under the law to report the injury within 15 days. He did
not do so. After considering this evidence and Ernstes, the Court holds that Mr. Freeman
is not likely to prevail at trial in establishing a reasonable excuse for failing to give timely
written notice.
IT IS, THEREFORE, ORDERED as follows:
1. The Court denies Mr. Freeman’s request for treatment of his right-rotator-cuff tear.
2. The parties shall appear for a status hearing on February 13, 2026, at 9:00 a.m.
Central Time/10:00 a.m. Eastern Time. They must call (615) 741-3061 or (855)
747-1721 to participate. Failure to call might result in a determination of the issues
without the party’s participation.
ENTERED October 17, 2025.
_____________________________________
Judge Thomas Wyatt
Court of Workers’ Compensation Claims
APPENDIX
Exhibits:
1. June 30, 2025 sworn declaration of Wayne Freeman
2. Sworn declaration of Gregory Snead, with First Report of Injury and Notice of
Denial
3. Affidavit of Steve Tinto, with copies of emails from Wayne Freeman
4. Tennessee Orthopedic Alliance records
5. Requests for Admission
6. Interrogatories, Requests for Production of Documents, and Requests for
Admissions
7. United Health Care letter
8. April 17, 2025 sworn declaration of Wayne Freeman
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CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on October 17, 2025.
Name U.S. Email Service sent to:
Wayne Freemen, X X freemanwayne@gmail.com
Employee 373 Corbin Street
Summertown, TN 38483
Heather Douglas, X hdouglas@manierherod.com
Jenna Macnair, jmacnair@manierherod.com
Employer’s Attorneys ecollins@manierherod.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.
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.
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 (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ 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 *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
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]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082