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TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT JACKSON

JEFFREY GARLAND, ) Docket No.: 2022-07-0162

Employee, )

v. ) State File No.: 18240-2022

CITY OF SAVANNAH,

 Self-Insured Employer.

)

) Judge Robert Durham

EXPEDITED HEARING ORDER DENYING BENEFITS

This Court held an Expedited Hearing on February 15, 2023, where Mr. Garland

requested an order requiring Savannah to pay past temporary disability benefits and

reimbursement for unauthorized medical expenses for an alleged left-elbow injury.

Savannah defended on the grounds of causation and notice. The Court holds that Mr. 

Garland is not likely to prevail at trial as to causation and denies the request for benefits.

History of Claim

Mr. Garland works as a police officer for the City of Savannah. 

On Saturday, October 30, 2021, while attempting to help Emergency Medical 

Services enter a home, he fell backward and injured his left elbow. In the weeks before 

this incident, Mr. Garland, a self-professed “gym rat,” had been treating for bursitis in both 

elbows and significantly modified his normal exercise regimen.

Mr. Garland testified that immediately after his fall, his left elbow swelled 

significantly, and the pain worsened. Still, he worked that day and the next, and although 

Mr. Garland experienced pain that caused difficulty in performing some work-related tasks, 

he admitted that he did not tell anyone with the police force about his fall.1

1 Savannah introduced body cam and dash cam video purported to have been taken on October 30 that 

shows arrests being made by Officer Garland. However, there was some question as to whether the date 

on the video was accurate. Further, while one of the videos shows Officer Garland assisting another officer 

with a person resisting arrest, the initial resistance did not appear to be significant, and the rest occurred 

off-camera, although voices could be heard. Thus, the Court gives little weight to the videos.

FILED

Feb 23, 2023

07:36 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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On Monday, which was his day off, Mr. Garland attempted to lift weights, but the 

pain was so bad that he could not do anything with his left arm. He went to a clinic on his 

own the next day, had his elbow drained, and was referred to an orthopedist. The record 

from the visit said the pain “started one week earlier” and did not mention a work-related 

fall.

Mr. Garland went to work after the clinic visit. At lunch, he showed a video of his 

elbow being drained to his some of his fellow officers, including his immediate supervisor, 

Sergeant Wesley Murphy, and they saw how swollen his elbow was. However, Mr. 

Garland did not tell anyone about the fall or report a work-related injury. 

Mr. Garland then treated with orthopedist Kenneth Nord on November 9. He

complained of pain in both elbows, although the left was greater. None of Dr. Nord’s 

records referred to a work-related fall or addressed causation.

Although he continued working full duty for several months, Mr. Garland’s elbow 

caused him so much pain that he could not fully straighten his arm or lie on his left side.

After conservative treatment failed to alleviate his symptoms, Mr. Garland underwent an 

MRI. The MRI revealed a “high-grade disruption” of the triceps tendon with chronic bone 

spurring where the tendon attached to the bone, as well as a fractured bone spur attached 

to the disrupted tendon that created a loose body in the elbow.

On March 4, Dr. Nord recommended surgery, and it was then that Mr. Garland gave

Savannah official notice of the October 30 fall. Savannah denied his claim due to lack of 

notice. Mr. Garland had surgery on March 31 through his health insurance. He was off

work from that date through sometime in June and had to use his vacation and sick leave 

during his recovery.

Mr. Garland’s rationale for not reporting the October 30 fall as a work-related injury 

or telling his doctors about it was that until the MRI, he thought his problems were solely 

due to his pre-existing bursitis. Once he knew of the fractured bone, he deduced that it 

must have happened with the fall.

Mr. Garland’s fellow officers, Mr. Murphy and Michael Darrington, testified on 

Savannah’s behalf. Mr. Murphy stated that at some point Mr. Garland told him about the 

October 30 fall, but he could not say when. However, he did remember Mr. Garland 

showing him the drainage video and his swollen elbow. 

Mr. Darrington corroborated Mr. Murphy’s testimony about seeing the drainage 

video and the swollen elbow. However, he worked with Mr. Garland on the weekend of 

October 30, and he did not see any pain or limitations in Mr. Garland’s use of his left 

elbow, nor did he note any complaints from him. 
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Savannah offered further testimony from Captain Jeremy Bowen, Chief Michael 

Pitts, and former HR manager Bobbie Matlock. All testified that they did not know of Mr. 

Garland’s alleged work-related injury until he notified them on March 4.

On cross-examination, Mr. Murphy, Mr. Darrington, and Mr. Bowen all confirmed 

that they had no reason to question Mr. Garland’s integrity.

Findings of Fact and Conclusions of Law

Mr. Garland must present evidence from which this Court can determine that he is 

likely to prove at trial that his left elbow condition arose primarily out of and in the course 

and scope of his employment with Savannah and that he gave sufficient notice of this 

alleged work injury. See McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. 

App. Bd. LEXIS 6, at *9 (Mar. 27, 2015). The Court will first address causation.

Mr. Garland must present evidence that his employment caused an “injury” as that 

term is defined under Tennessee Workers’ Compensation Law. An accidental injury is one 

that was “caused by a specific incident, or set of incidents, arising primarily out of and in 

the course and scope of employment[.]” Tenn. Code Ann. § 50-6-102(12)(A) (2022).

Also, Mr. Garland must prove causation to a “reasonable degree of medical certainty,” 

which requires an expert medical opinion. Tenn. Code Ann. § 50-6-102(12)(C). 

As Savannah’s counsel observed at the hearing, while lack of notice is a defense in 

and of itself, it is also significant as to whether Mr. Garland has shown a likelihood of 

proving causation. The fact that Mr. Garland waited over four months to tell anyone about 

his fall on October 30 must be considered in determining whether the alleged fall was the 

actual cause of his elbow symptoms.

In his testimony, Mr. Garland unsuccessfully tried to walk a tightrope between

notice and causation. On one hand, he said that the fall immediately caused such a 

significant increase in his pain and swelling that it hampered his ability to effectively use 

his left arm. Thus, when he learned that he had a fracture in his elbow, he was able to 

attribute it to the fall. On the other hand, when trying to explain why he did not 

immediately notify his employer about the incident, he said that he thought his symptoms 

were due to his pre-existing bursitis, and he did not connect the fall with an actual injury. 

These positions are hard to reconcile.

Other parts of the record also weigh against causation. Mr. Garland testified that 

immediately before the fall, he received treatment for elbow pain that was severe enough 

to caused him to modify his workout plan. The medical records contained no record of a 

work-related fall. In fact, the November 2 record said the pain began a week earlier, not 

on October 30, and Dr. Nord’s initial note referred to pain in both elbows. Further, Mr. 
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Garland did not produce any witnesses to testify that a fall occurred other than himself.

Finally, Mr. Garland did not present any medical opinions stating that the fall 

primarily caused his elbow injury and need for surgery as required by Tennessee Code 

Annotated section 50-6-102(12)(C). This is not necessarily fatal to his claim. Under some 

circumstances, an employee who has not proven causation by expert opinion may still be

entitled to a panel of doctors under Tennessee Code Annotated section 50-6-

204(a)(3)(A)(i). Hawes v. McLane Co., Inc., 2021 TN Wrk Comp. App. Bd. LEXIS 30, at 

*10 (Aug. 25, 2021). 

However, Mr. Garland had an opportunity to obtain a causation opinion from Dr. 

Nord, an orthopedic specialist, who not only treated Mr. Garland for months but eventually 

performed surgery. He did not do so.

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Given the record, the Court holds that Mr. Garland is unlikely to prove causation at 

trial. Thus, his requests for temporary disability benefits, reimbursement of medical 

expenses, and a panel of physicians are denied at this time. 

Despite the denial of benefits on causation grounds, the Court will also address 

notice. Tennessee Code Annotated section 50-6-201(a) requires injured employees to give

written notice within fifteen days of the injury, and if they do not, compensation is barred 

“unless reasonable excuse for failure to give the notice is made to the satisfaction of the 

tribunal to which the claim for compensation may be presented.” However, defective 

notice will not bar compensation unless the employer can show prejudice due to lack of 

notice. Tenn. Code Ann. § 50-5-201(a)(3).

The Court holds that Mr. Garland did not give notice within fifteen days of the 

alleged injury. In addition, his excuse ̶that he did not know he sustained an injury until he 

had the MRI showing the fracture ̶is not reasonable, given the record. However, the Court 

also holds that Savannah did not show it is likely to prove prejudice, since Mr. Garland 

continued to work until he gave notice and did not have surgery before Savannah denied 

his claim. Thus, lack of notice alone would not have been enough to deny Mr. Garland 

benefits.

IT IS, THEREFORE, ORDERED THAT:

1. Mr. Garland’s requests for benefits are denied.

2. This case is set for a Status Hearing on April 5, 2023, at 9:00 a.m. Central 

Time. The parties must call 615-253-0010. Failure to appear might result in a 

2 Mr. Garland asserted that he had obtained a causation opinion from Dr. Nord, but he did not make it an 

exhibit at trial.
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determination of the issues without the party’s participation. 

ENTERED on February 23, 2023. 

_____________________________________ 

 ROBERT DURHAM, JUDGE 

Court of Workers’ Compensation Claims 

APPENDIX 

Technical Record: 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Expedited Hearing 

4. Notice of Hearing 

5. Savannah’s Motion to Allow Witness by Telephone 

6. Order Permitting Witness by Telephone 

7. Savannah’s Exhibit List 

8. Savannah’s Witness List 

9. Order Denying Witness by Telephone 

Exhibits: 

1. Mr. Garland’s affidavit 

2. Notice of Denial 

3. Wage Statement 

4. March 16, 2022 record from Nurse Practitioner for I.D. only 

5. Medical bills from Sports Orthopedic and Spine 

6. Medical records from Sports Orthopedics and Spine 

7. Medical Bills from Hospital for I.D. only 

8. Wesley’s Murphy’s Statement for I.D. only 

9. February 2007 First Report of Injury 

10.December 2007 First Report of Injury 

11.September 2008 First Report of Injury 

12. July 2009 First Report of Injury 

13. Notice of Denial 

14.Accident/Injury Report 

15.Body cam and dash cam videos 
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CERTIFICATE OF SERVICE

I certify that a copy of the Order was sent as indicated on February 23, 2023. 

Name Certified 

Mail

Via

Fax

Via 

Email

Service sent to:

Jeffrey Garland X boziegarland@live.com

Robert O. Binkley X rbinkley@raineykizer.com

_____________________________________ 

 PENNY SHRUM, Court Clerk 

WC.CourtClerk@tn.gov
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

Expedited Hearing Order Right to Appeal:

If you disagree with this Expedited Hearing Order, you may appeal to the Workers’ 

Compensation Appeals Board. To appeal an expedited hearing order, you must:

1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the 

Clerk of the Court of Workers’ Compensation Claims within seven business days of the 

date the expedited hearing order was filed. When filing the Notice of Appeal, you must 

serve a copy upon all parties. 

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten 

calendar days after filing of 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 fee. You must file the fullycompleted 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 the appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request 

from the court clerk the audio recording of the hearing for a $25.00 fee. If a transcript of 

the proceedings is to be filed, a licensed court reporter must prepare the transcript and file 

it with the court clerk within ten business days of the filing the Notice of 

Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both 

parties within ten business days of the filing of the Notice of Appeal. The statement of 

the evidence must convey a complete and accurate account of the hearing. The Workers’ 

Compensation Judge must approve the statement before the record is submitted to the 

Appeals Board. If the Appeals Board is called upon to review testimony or other proof 

concerning factual matters, the absence of a transcript or statement of the evidence can be 

a significant obstacle to meaningful appellate review.

4. If you wish to file a position statement, you must file it with the court clerk within ten

business days after the deadline to file a transcript or statement of the evidence. The 

party opposing the appeal may file a response with the court clerk within ten business 

days after you file your position statement. All position statements should include: (1) a 

statement summarizing the facts of the case from the evidence admitted during the 

expedited hearing; (2) a statement summarizing the disposition of the case as a result of 

the expedited hearing; (3) a statement of the issue(s) presented for review; and (4) an 

argument, citing appropriate statutes, case law, or other authority.
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 

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 filestamped 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 2 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]