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
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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
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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
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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
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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