Opinion

DURFEE, JOHN v. CITY OF GERMANTOWN

  • 2026 TN WC 83
Court
Tennessee Court of Workers' Compensation Claims
Filed
Jun 16, 2026
Status
Published
On the bench
Luttrell
Cited by
0 cases
Authority
More cited than 41.0%

The opinion

FILED

Jun 16, 2026

04:25 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

JOHN DURFEE, Docket No. 2025-80-1839

Employee,

v.

CITY OF GERMANTOWN, State File No. 26692-2023

Employer,

and

PUBLIC ENTITY PARTNERS, Judge Amber E. Luttrell

Carrier.

COMPENSATION ORDER

The Court held a compensation hearing to determine whether Mr. Durfee is

limited to increased benefits or entitled to extraordinary relief. For the reasons

below, the Court holds that Mr. Durfee proved that his case is extraordinary and he

is entitled to additional benefits.

Claim History

Mr. Durfee was employed by the City of Germantown as a police officer in

the uniformed patrol division. On April 8, 2023, he injured both shoulders while

apprehending an assailant.

Germantown authorized treatment with Drs. John Lochemes and Thomas

Throckmorton for bilateral rotator cuff tears. Dr. Lochemes initially treated Mr.

Durfee and surgically repaired both shoulders. After retearing the left rotator cuff

during therapy, Mr. Durfee saw Dr. Throckmorton and underwent a third surgery.

Mr. Durfee worked light duty during his treatment.

Mr. Durfee was placed at maximum medical improvement for his right

shoulder in May 2024 and his left shoulder in October 2024 and was assigned a

combined 12% impairment rating. Dr. Throckmorton also assigned permanent

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restrictions to the left arm of a 20-pound limit for lifting, pushing, pulling, and

carrying. He completed a Physician Certification Form stating that due to Mr.

Durfee’s restrictions, he can no longer perform his pre-injury occupation.

The Court approved a settlement in March 2025, which established that Mr.

Durfee suffered a compensable bilateral shoulder injury. His original award totaled

$60,404.94, and his initial compensation period expired on November 4, 2025.

Afterward, he filed a petition seeking additional permanent disability benefits.

The parties agreed that Mr. Durfee was terminated from the police department

because it could not accommodate his permanent restrictions, and he has not

returned to work for any other employer. He accepted early retirement and receives

$4,941.20 per month in benefits.

Lay Proof

Mr. Durfee is now 54 years old with a bachelor’s degree in criminal justice.

He worked for Germantown for approximately 28½ years, earned gross annual pre-

injury wages of approximately $87,000, and wanted to at least reach 30 years of

service to be eligible for 100% retirement benefits.

During his employment, Mr. Durfee held positions as an arson/explosion

investigator, a senior examiner, a death investigator, dog bite investigator, and

detective. He also worked on the Sheriff’s DUI squad, an FBI task force, and a joint

terrorism task force. Mr. Durfee stated that after Germantown said that it could not

accommodate his permanent restrictions, he accepted early retirement to keep health

insurance and monthly benefits.

Mr. Durfee testified that he did not want to retire. He requested

accommodation by email from the police chief, Mike Fisher, to allow him to

continue working for the police department to achieve 30 years of service. Mr. Fisher

responded that the department was “unable to accommodate any permanent

restriction that would prevent a sworn member from performing any and all duties

of a police officer.”

Mr. Durfee stated that he wanted to continue working for Germantown in any

position inside or outside of law enforcement that was within his restrictions but was

not offered another position. He acknowledged that Sharon Hailey, Germantown’s

human resources representative, informed him he could apply for other positions.

Germantown introduced an email from Ms. Hailey to Mr. Durfee, which stated, “if

2

there are other positions within the City that interest you and work within your

restrictions, you are welcome to apply to transfer to another department to continue

as a full-time employee with the City.” Mr. Durfee stated that Ms. Hailey did not

identify or offer him any specific position.

He testified that after his termination, he applied for jobs through online

platforms for various public and private-sector investigator positions, including with

the Tennessee Bureau of Investigation, John Hancock, Nelson Enterprise, and the

Memphis Grizzlies. His job search was unsuccessful.

Mr. Durfee also applied for a Germantown park ranger position in August

2025 and was invited to a phone interview. He had another interview on the same

day and requested another date. Several months later, the parks department contacted

him regarding scheduling a phone interview date, but Mr. Durfee told them he would

be unavailable because he would be out of town. He never heard back from the parks

department and never called them back.

On cross-examination, Mr. Durfee acknowledged additional past jobs as a

ride-hailing driver and a security guard and safety/OSHA officer at a retail store. He

also acknowledged having experience working a part-time sales job at a clothing and

sporting goods store while working for Germantown.

Mr. Durfee said he could not return to a job as a patrol officer or Uber driver.

He also stated he could not return to a sales job like the ones he had because it

required stocking shelves with heavy boxes.

Vocational Proof

Michelle Weiss testified as a vocational expert on behalf of the City of

Germantown. Ms. Weiss reviewed Mr. Durfee’s medical records, deposition

testimony, settlement documents, first report of injury, and wage statement. She also

reviewed his resume and list of jobs for which he applied. She interviewed Mr.

Durfee, administered academic and intelligence testing, and performed a

transferrable-skills analysis and labor-market survey.

Ms. Weiss testified that Mr. Durfee scored at least average to above average

in all categories for his age group on academic testing, and his intelligence score was

high average to superior. He has a college degree in criminal justice and possesses

job skills greater than the average law enforcement officer. Ms. Weiss believed Mr.

Durfee is a strong candidate for more education or retraining and has a “great ability

3

to learn.”

Ms. Weiss documented that Mr. Durfee testified in his deposition that he could

not climb a ladder, use a hand tool, dig a hole, or do anything that required the use

of force with his shoulder, including fighting a suspect. He also noted difficulty

opening jars and water bottles and reaching the back of his right shoulder.

Based on transferrable-skills and labor-market analyses, Ms. Weiss found Mr.

Durfee experienced a 29% loss of access to jobs and a 58% wage loss. She concluded

that Mr. Durfee’s overall vocational disability is 37 to 44%, considering Dr.

Throckmorton’s restrictions, his age, education, past work history, transferrable

skills analysis, tested and demonstrated abilities, loss of access to the local labor

market, and wage loss.

Findings of Fact and Conclusions of Law

At a Compensation Hearing, Mr. Durfee must show by a preponderance of

the evidence that he is entitled to benefits. Tenn. Code Ann. § 50-6-239(c)(6) (2025).

Germantown agreed that Mr. Durfee is entitled to increased benefits. Thus,

the issue is whether his case is “extraordinary” under section 50-6-242(a)(1) and if

he proved, by clear and convincing evidence, that limiting his award to increased

benefits would be inequitable considering the totality of the circumstances. If so, he

may be awarded benefits not to exceed 275 weeks instead of increased benefits.

Mr. Durfee’s case is extraordinary. He spent almost 30 years of his career

working in one primary occupation–law enforcement–for one employer, which he

can no longer do because of his injuries and restrictions. He lost his income because

of his work injury shortly before he was eligible for full-service retirement, and he

testified he had searched but been unable to find any similar position within his

restrictions.

Ms. Weiss found that Mr. Durfee has access to a variety of jobs in light-type

work in the economy; however, the pay for those positions is significantly less: a

58% wage loss. For these reasons, the Court finds by clear and convincing evidence

that limiting Mr. Durfee’s recovery is inequitable, entitling him to extraordinary

relief.

Further, Mr. Durfee satisfied the requirements under 50-6-242(2)(A)-(C). He

retained a 12% impairment from the injury, which exceeds the 10% requirement;

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Dr. Throckmorton signed the form certifying that Mr. Durfee cannot return to his

pre-injury occupation because of his permanent restrictions; and the parties agreed

that Mr. Durfee is not earning greater than or equal to 70% of his pre-injury salary.

He has not worked since Germantown terminated him, so he has no salary.

Because Mr. Durfee satisfied these requirements, Germantown must prove by

“contrary clear and convincing evidence” that he is “capable of performing his pre-

injury occupation.” Batey v. Deliver This, Inc. 568 S.W.3d 91, 98 (Tenn. 2019). It

did not offer this evidence. Rather, the proof showed it was unable to accommodate

Mr. Durfee’s restrictions and did not offer him another position in his pre-injury

occupation within his restrictions.

After considering Ms. Weiss’s credible and unrebutted testimony combined

with Mr. Durfee’s testimony, the Court finds Ms. Weiss’s testimony persuasive and

accurately represents the vocational impact of Mr. Durfee’s injuries. Based on her

testimony and considering the totality of the proof, the Court assesses Mr. Durfee’s

vocational disability to be 44%.

Thus, the Court awards him 198 weeks of benefits or 44% permanent partial

disability under section 50-6-242. Germantown paid Mr. Durfee 54 weeks of

benefits as an original award, which leaves a balance of 144 weeks. At his weekly

compensation rate of $1,118.61, Mr. Durfee is awarded $161,079.84 in additional

benefits.

IT IS, THEREFORE, ORDERED as follows:

1. City of Germantown shall pay Mr. Durfee extraordinary relief in the amount

of $161,079.84 or 144 weeks at the rate of $1,118.61. His attorney is entitled

to a fee of 20% of this award.

2. City of Germantown shall continue to pay reasonable and necessary future

medical expenses for the injury under Tennessee Code Annotated section 50-

6-204.

3. City of Germantown shall pay the $150.00 filing fee to the Clerk within five

business days after the order becomes final.

4. City of Germantown shall file Form SD-2 with the Clerk within ten business

days of this order becoming final.

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ENTERED June 16, 2026.

____________________________________

JUDGE AMBER E. LUTTRELL

Court of Workers’ Compensation Claims

APPENDIX

Exhibits:

1. Approved settlement documents

2. Physician’s Certification Form

3. Mike Fisher’s email to Mr. Durfee

4. Employer’s exhibits (collective)

5. Michelle McBroom Weiss’s CV

6

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as shown on June 16, 2026.

Name Email Service sent to:

William B. Ryan, X billy@donatilaw.com

Employee’s Attorney

Christopher Crain, X ccrain@ccrainlawfirm.com

Employer’s Attorney

____________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

7

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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