Trevon Boyd vs. City Of Fayetteville

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H503974 TREVON BOYD, Employee CLAIMANT CITY OF FAYETTEVILLE, Employer RESPONDENT ARKANSAS MUNICIPAL LEAGUE, Carrier RESPONDENT OPINION FILED JANUARY 15, 2026 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Arkansas. Claimant unrepresented and appearing pro se. Respondents represented by MARY K. EDWARDS, Attorney at Law, North Little Rock, Arkansas. STATEMENT OF THE CASE On December 10, 2025, the above captioned claim came on for a hearing at Springdale, Arkansas. A pre-hearing conference was conducted on September 24, 2025, and a pre-hearing order was filed on that same date. A copy of the Pre-hearing Order has been marked Commission's Exhibit No. 1 and made a part of the record without objection. At the pre-hearing conference the parties agreed to the following stipulations: 1. The Arkansas Workers' Compensation Commission has jurisdiction of the within claim. 2. The employee/employer/carrier relationship existed among the parties on June 21, 2025.

Boyd – H503974 -2- At the time of the hearing, the parties agreed to stipulate that claimant earned an average weekly wage of $1,575.74, which would entitle him to the maximum compensation rates of $903.00 for total disability benefits and $677.00 for permanent partial disability benefits. The issues to be litigated at the forthcoming hearing are as follows: 1. Compensability of injury to left Achilles on June 21, 2025. 2. Related medical. 3. Temporary total disability benefits. The claimant contends he suffered a compensable injury to his left Achilles on June 21, 2025. He requests payment of medical and temporary total disability benefits. The respondents contend “that claimant cannot prove by a preponderance of the evidence that he sustained a compensable injury to his left ankle. Specifically, claimant was not performing employment services at the time of the alleged injury. On June 21, 2025, claimant was participating in the Battle of the Badges basketball tournament, when he allegedly injured his left ankle. Respondents contend that he was not performing his job duties at the time the injury occurred, that he was not clocked in, and that he was not required to be at the tournament (strictly voluntary basis).” From a review of the record as a whole, to include medical reports, documents, and other matters properly before the Commission, and having had an opportunity to hear the testimony of the witnesses and to observe their demeanor, the following findings of fact and conclusions of law are made in accordance with A.C.A. §11-9-704:

Boyd – H503974 -3- FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The stipulations agreed to by the parties at the pre-hearing conference conducted on September 24, 2025, and contained in a pre-hearing order filed that same date are hereby accepted as fact. 2. The parties’ stipulation that claimant earned an average weekly wage of $1,575.74, which would entitle him to the maximum compensation rates of $903.00 for total disability and $677.00 for permanent partial disability benefits is also hereby accepted as fact. 3. Claimant has failed to meet his burden of proving by a preponderance of the evidence that he suffered a compensable injury to his left Achilles on June 21, 2025. FACTUAL BACKGROUND Claimant began working for respondent as a patrol officer on February 24, 2020. In August 2023, claimant became a School Resource Officer. He typically worked Monday-Friday from 8:00 am until 4:00 pm. There were also times that he worked after school for school events and was paid for that time. He also worked traffic for Razorback football games and was compensated for that time. On June 21, 2025, a Saturday, claimant testified that he was participating in a charity basketball game and while attempting to steal the ball from another player tore his left Achilles. Claimant testified that he underwent surgery to repair the torn Achilles on July 29, 2025. He returned to work for respondent after the surgery, performing light duty work.

Boyd – H503974 -4- Claimant has filed this claim contending that he suffered a compensable injury in the form of a torn left Achilles on June 21, 2025. He requests payment of medical benefits and temporary total disability benefits for time off of work. ADJUDICATION Claimant contends that he suffered a compensable injury in the form of a torn left Achilles while participating in a charity basketball game on June 21, 2025. Claimant’s claim is for a specific injury identifiable by time and place of occurrence. In order to prove a compensable injury as the result of a specific incident that is identifiable by time and place of occurrence, a claimant must establish by a preponderance of the evidence (1) an injury arising out of and in the course of employment; (2) the injury caused internal or external harm to the body which required medical services or resulted in disability or death; (3) medical evidence supported by objective findings establishing an injury; and (4) the injury was caused by a specific incident identifiable by time and place of occurrence. Odd Jobs and More v. Reid, 2011 Ark. App. 450, 384 S.W. 3d 630. After my review of the evidence in this case impartially, without giving the benefit of the doubt to either party, I find that claimant has failed to meet his burden of proving a compensable injury. Much of the testimony at the hearing related to whether claimant was performing employment services while participating in the charity basketball game on June 21, 2025. Compensable injuries do not include injuries which occur when employment services are not being performed. A.C.A. §11-9-102(4)(B)(iii). An employee is

Boyd – H503974 -5- performing employment services when he or she is doing something that is generally required by his or her employer. Continental Construction Company v. Nabors, 215 Ark. App. 60, 454 S.W.3d 762. In this particular case, even if I were to find that claimant was performing employment services at the time he was playing in a charity basketball game, I would have to find that claimant has not satisfied the remaining elements of compensability. Respondent has not stipulated to a torn Achilles. Thus, claimant has the burden of satisfying all of the elements of compensability. One of those elements is that claimant offer medical evidence supported by objective findings establishing the injury. Here, there is no medical evidence in the record. At the hearing, claimant offered a medical report, but respondent objected to the admission of that report on the grounds that the medical record had not been provided to respondent at least seven days prior to the hearing. As stated in the prehearing order, filed on September 24, 2025, no documents are to be allowed into evidence unless exchanged by the parties seven days prior to the hearing of the case on the merit, without leave of the Commission and upon a showing of good cause. Claimant acknowledged that he did not provide a copy of the medical report to respondent seven days prior to the hearing and no good cause was shown. Accordingly, the medical report was not admitted into evidence. Absent medical evidence supported by objective findings, claimant cannot meet his burden of proof for a compensable injury even if it were to be determined that he was performing employment services at the charity basketball game. Unfortunately, given claimant’s acknowledgement that he did not exchange his medical records with respondent seven days prior to the hearing, there is no medical

Boyd – H503974 -6- evidence of record and claimant cannot meet his burden of proof. Although I find claimant to be a credible witness and believe his testimony that he suffered a torn Achilles on June 21, 2025, the Arkansas Workers’ Compensation Law requires that all elements of compensability be proven. One of those elements is medical evidence, supported by objective findings, establishing the injury. Unfortunately, by not submitting this medical evidence, claimant cannot satisfy this element of compensability. Therefore, I must unfortunately find that claimant has failed to meet his burden of proof. ORDER Claimant has failed to meet his burden of proving by a preponderance of the evidence that he suffered a compensable injury to his left Achilles. Therefore, his claim for compensation benefits is hereby denied and dismissed. Respondents are liable for payment of the court reporter’s charges for preparation of the hearing transcript in the amount of $353.50. IT IS SO ORDERED. _______________________________ GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE