DAMIEN YEOMAN v. TRANSWOOD LOGISTICS, INC., ET AL. - Articles

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DAMIEN YEOMAN v. TRANSWOOD LOGISTICS, INC., ET AL.

Posted by: Tanja Trezise on Mar 19, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Allison P. Tomey, Knoxville, Tennessee, for the employer-appellant, Transwood Logistics, Inc.

Attorneys 2: Andrew J. Roberto, Knoxville, Tennessee, for the employee-appellee, Damien Yeoman

Judge(s): CONNER

In this interlocutory appeal, the employee alleges he suffered injuries to his right upper arm and shoulder when he slipped while exiting a truck within the course and scope of his employment. The employee did not report the incident immediately after its occurrence because he had only been working for the employer a short period of time and he believed he had suffered a minor muscle pull that would resolve over time. Twenty-four days after the accident, the employee informed his employer he had suffered a work-related injury. Although the employer initially authorized medical care, it subsequently denied the claim based on its assertion that the employee had failed to give timely notice of the accident. Following a hearing, the trial court determined that although the employee did not timely notify the employer of the accident, he offered a reasonable excuse for that failure based on the employee’s “limited understanding of his condition” and the fact that he is a “poor historian.” It also determined that the employer was not prejudiced by the late notice. As a result, the trial court found the employee is likely to prevail at trial in proving the occurrence of a compensable accident and ordered the employer to authorize additional medical treatment and pay certain temporary disability benefits. The employer has appealed. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

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