A Tennessee court denied a workers’ compensation claim after a car hauler missed the 15-day deadline to report his right-shoulder injury to his employer.
Wayne Freeman, who worked as a car hauler for United Road Services, Inc., sought medical benefits for a right-rotator-cuff injury he said developed from overusing his right arm following a compensable left-shoulder injury. Freeman testified that his right arm “hurt like crazy” after unloading cars in Kingsport, Tenn., on April 6, 2024, which was the last day he worked before his left-shoulder surgery. However, he did not notify United Road Services or ACE American Insurance Co. of the right-arm injury until May 1 and May 2, 2024 – 25 days after the incident.
Freeman explained the delay by stating he thought the pain would go away after a long rest following his left-shoulder surgery and that post-surgical medication incapacitated him for weeks, delaying his awareness of the injury. In his sworn statements, Freeman also said he did not report the right-shoulder pain initially because he believed it would resolve after his surgery. He later stated that he did not realize the extent of the injury until a friend noticed he could not raise his right arm.
Judge Thomas Wyatt, in an order dated Oct. 17, 2025, found that Freeman failed to provide written notice of his right-arm injury within 15 days as required by Tennessee law and did not establish a credible or reasonable excuse for the delay. The court determined the injury occurred during a specific incident, not as a gradual or cumulative trauma. Freeman’s explanations – that he expected the pain to resolve and was affected by medication – were not considered reasonable excuses under the law. The court also found that Freeman’s statement about telling the adjuster a few days before or after his left-shoulder surgery that United would have to pay for his right-arm surgery was not credible, especially since he had previously stated he did not give anyone notice when the pain arose.
No insurance policy clauses were discussed in the court’s order. United Road Services was represented by Heather Douglas and Jenna Macnair of Manier & Herod. The next status hearing is scheduled for Feb. 13, 2026. The order is not final and may be appealed to the Workers’ Compensation Appeals Board.
This case serves as a reminder for insurers and employers that prompt reporting and strict compliance with statutory notice requirements are essential in workers’ compensation claims.
