The opinion
FILED
Feb 08, 2024
09:26 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
JONATHAN WEBB, ) Docket No.: 2023-02-7158
Employee, )
v. )
GEM CARE, INC., ) State File No.: 68594-2023
Employer, )
And )
QBE INSURANCE CORP., ) Judge Brian K. Addington
Carrier. )
EXPEDITED HEARING ORDER
The Court held an expedited hearing on February 1, 2024, to determine whether Mr.
Webb is entitled to benefits. Resolution of this issue rests on credibility. For the reasons
below, the Court denies the requested benefits.
Claim History
Since 1997, Mr. Webb experienced off and on pain and swelling with his left leg.
He acknowledged he settled two workers’ compensation cases in 2023 involving his left
leg. Mr. Webb also agreed he received left-knee treatment in March 2023 for swelling,
and the physician recommended a return visit to an orthopedist to treat severe osteoarthritis.
As for the present claim, Gem Care employed Mr. Webb at Matsuo as a spring
inspector.1 He testified he injured his left knee at Matsuo on August 21, 2023, when he
tripped on a four-inch-thick rubber mat at his workstation. No one witnessed the incident.
He described feeling immediate burning pain and swelling in his left knee. He testified he
continued to work his shift hoping the pain would improve.
1
Mr. Webb first described his job title as spring inspector but later changed it to circuit board inspector in
a different plant location than the spring inspector job.
1
Right before the shift ended, a Matsuo worker told Mr. Webb he needed to work an
additional two hours moving material. Mr. Webb disagreed. He confirmed with his
supervisor that he did not need to work the extra hours and left at his normal time.
On his way home from work, a recruiter for Gem Care, told Mr. Webb that Matsuo
fired him.2 He told the recruiter about his injury, and she instructed him to go to Gem Care
to complete paperwork. The next day Mr. Webb met with Gem Care and selected an urgent
care clinic from a panel.
Mr. Webb visited the clinic, and the physician gave restrictions of “sit down work
only.” The examination showed severe degenerative changes. When Mr. Webb later
returned to the clinic, a physician assistant ordered an MRI to rule out a meniscus tear.
Mr. Webb requested the MRI recommended by his authorized physician and
temporary disability benefits for the time he missed work.
For its part, Gem Care introduced photographs of a workstation floor mat. Kourtni
Bybee, another Gem Care recruiter, testified that the photograph showed a spring inspector
workstation. She described the mat as being one-half inch in height. Gem Care offered a
photo of the mat confirming this.
Gem Care also introduced Mr. Webb’s previous criminal conviction that involved
matters of dishonesty and untruthfulness.3 It asked the Court to deny Mr. Webb’s claim.
Findings of Fact and Conclusions of Law
Mr. Webb must prove a likelihood of prevailing at a hearing on the merits that he is
entitled to the requested benefits. Tenn. Code Ann. § 50-6-239(d)(1) (2023); McCord v.
Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar.
27, 2015).
Specifically, Mr. Webb must show he suffered an “injury” as defined by Tennessee
Code Annotated section 50-6-102(12). Section 50-6-102(12) defines an injury as an
“accident” that “arises primarily out of and in the course and scope of employment” that
results in “disablement or the need for medical treatment of the employee.” Further, he
must show that his injury was caused by a specific incident identifiable by time and place.
Id. at -102(12)(A).
Applying this standard, the Court holds Mr. Webb is not likely to prove a work-
related injury. He described a specific incident. However, the lack of witnesses and his
2
Mr. Webb testified he did not know Gem Care also terminated him.
3
Mr. Webb acknowledged the conviction but stated he was a changed man because he needed to work.
2
failure to report the injury until after Matsuo terminated him call into question whether the
incident occurred. Compounding the issue was Mr. Webb’s statement that he tripped at a
location other than where he originally testified. Further, Gem Care’s photograph of the
mat showed only a half-inch-thick pad and not a four-inch-thick pad.
Equally disconcerting are the longstanding problems involving Mr. Webb’s left leg.
Importantly, he received a referral to return to an orthopedist five months before his alleged
injury.
Mr. Webb’s credibility is tied to his claim that he injured his left leg when he tripped
on a mat at work. Gem Care impeached his testimony. Considering the evidence, the Court
does not find Mr. Webb credible. Therefore, Mr. Webb is not likely to prevail on the merits
of establishing that he suffered an injury at work at this time.
IT IS ORDERED AS FOLLOWS:
1. The Court denies Mr. Webb’s requested benefits.
2. The Court sets a status hearing on April 11, 2024, at 10:00 Eastern. You must
call 855-543-5044 to participate in the hearing.
ENTERED February 8, 2024.
/s/ Brian K. Addington
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
Appendix
Technical record:
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Hearing Request
4. Employer’s Motion for Evidentiary Hearing
5. Order Denying Decision on the Record
6. Employer’s Notice of Witness and Exhibit List
Exhibits:
1. Declaration of Mr. Webb
3
2. Physician Panel
3. Wage Statement
4. Notice of Denial
5. Separation Notice, emails, text message
6. Sworn Statement of Ms. Estep
7. Employer’s Notice of Filing Medical Records
8. Drug Screen-Fastpace Health
9. Gem Care Incident Report
10. Employer’s Request for Discovery from Employee
11. Workers’ Compensation Settlement Agreements
12. Call Log
13. Photos
CERTIFICATE OF SERVICE
I certify that a correct copy of this Order was sent on February 8, 2024.
Name Certified Fax Email Service sent to:
Jonathan Webb, X X webbj1308@gmail.com
Employee 734 Bailey Road
Rutledge, TN 37861
Allen Callison, X allen.callison@mgclaw.com
Employer’s
Attorney
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
4
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