DAMON CURRY MORRIS v. SELECT SERVICES, ET AL., AND TROY HALEY, ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND - Articles

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DAMON CURRY MORRIS v. SELECT SERVICES, ET AL., AND TROY HALEY, ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND

Posted by: Azya Thornton on Aug 19, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Eric E. Lindquester, London, Kentucky, for the employer-appellant, Select Services.

Attorneys 2: Damon Curry Morris, Memphis, Tennessee, employee-appellee, pro se.

Attorneys 3: Timothy Kellum, Memphis, Tennessee, for the appellee, Subsequent Injury and Vocational Recovery Fund.

Judge(s): CONNER

In this interlocutory appeal, the employee claimed he suffered arm and shoulder injuries due to an alleged workplace assault committed by his supervisor. The employer denied the assault occurred and denied the employee sustained any work-related injuries. Pursuant to a prior expedited hearing order, the employer provided a panel of physicians and authorized limited medical treatment. Thereafter, an MRI revealed a small partial tear in the left rotator cuff. The employer declined to approve additional treatment recommended by the authorized physician and declined to approve the authorized physician’s referral to a specialist. As a result, the employee requested another expedited hearing, after which the trial court ordered the employer to authorize the referral to a specialist for evaluation and treatment of the left shoulder despite acknowledging the lack of any expert medical evidence indicating that the employee’s left shoulder condition was primarily caused by the alleged workplace assault. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

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