1

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.,

 Employer,

)

)

State File No.: 68594-2023

And )

QBE INSURANCE CORP.,

 Carrier.

)

)

Judge Brian K. Addington

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. 

FILED

Feb 08, 2024

09:26 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
2

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.3It 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 workrelated 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. 
3

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
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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 

Mail

Fax Email Service sent to:

Jonathan Webb,

Employee

X X webbj1308@gmail.com

734 Bailey Road

Rutledge, TN 37861

Allen Callison,

Employer’s 

Attorney

X allen.callison@mgclaw.com

______________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov
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]