## TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT NASHVILLE

EARL WILLIS , )

Employee, ) Docket No. 2016

- 06

- 0702

v. ) ) State File No. 30458

- 2016 EXPRESS TOWING , )

Uninsured Employer. ) Judge Joshua Davis Baker )

ORDER OF DISMISS AL WITH PREJUDICE

This case came before the Court on Mr. Willis’s Request for a compensation hearing on the r ecord. After much consideration, the Court finds it cannot conduct a

c ompensation h earing

, as the case is moot

, and dismisse s the case with prejudice.

Procedural History

Mr. Willis sustained an injury while working for Express Towing, an employer that failed to carry workers’ compensation insurance. The Court documented M r. Willis’ s injury in two expedited hearing orders

, ordered that he was entitled to benefits

, and held that he was eligible to receive benefits from the Uninsured Employers Fund (UEF)

. T he Court found Express Towing was a statutory employer under the Worker’s Compensation Law.

Because it documented the claim’s history in previous o rders, the Court will recount only those details bearing upon the claim’s dismissal

. However, the Court finds it appropriate to provide additional detail due to payment s Mr . Willis received from the UEF.

Mr. Willis filed a Petition for Benefit Determination in April 2016, naming Alle n Mann and Mike Copeland as contact persons for Express Towing and alleging that Express Towing had “no worker’ s [sic] comp [insurance]. ” He t hen filed a r equest for expedited hearing

, and the Court held that hearing in Mr. Mann ’s and Mr. Copeland ’s absence

.

## After the hearing, the Court held that Mr. Willis would likely prove he suffered a

compensable injury at a final hearing and ordered Express Towing to pay him accrued and ongoing temporary disability benefits. The Court also found Mr. Willis eligible to receive benefits from the UEF under Tennessee Code Annotated section 50

- 6

- 801

. Following the ruling

, Express Towing hired counsel, wh o requested a stay and a second expedited hearing to present proof that Express Towing e mployed fewer than five people

, which exempted it from the Workers’ Compensation Law

.
At the second hearing, t he Court held that Mr. Willis would likely succeed in
pro ving he was an employee of Express Towing and that Express Towing was not exempt from the requirement to provide workers’ compensation insurance coverage. Th e ruling was affirmed on appeal

, and the case remanded

.

After the remand, Mr. Willis filed various motions to prosecute his claim and participated in telephonic hearings through counsel

. He also applied for and received payment from the UEF. The posture of the case changed , however, when Mr. Mann declared bankrupt cy.

After Mr. Mann declared bankruptcy, the Court granted a stay of the claim pending resolution of the bankruptcy filing. This left Mr. Willis in limbo, so he filed a

m otion for p ayment of his medical bills. At the motion hearing, Mr. Willis’ s counsel reported that the UEF paid Mr. Willis some benefits

, but that Mr. Willis was “unable to obtain a disability rating” due to outstanding medical bills

. Mr. Willis never obtained an impairment rating.

On June 26, 2017, t he United States Bankruptcy Court o f the Middle District of Tennessee entered an order discharging Mr. Mann’s debts in bankruptcy. The discharge order stated that it “voids any judgment” and “operates as an injunction against the commencement or continuation of an action

. . . to recover or offset any such debt as a
per sonal liability of the debtor.” As the sole owner of Express Towing, t h at d ischarge ended Mr. Mann’s and Express Towing’s potent ial liability in this claim.

After Mr. Mann’s bankruptcy discharge, the Court held several hearings and status conferences to address Mr. Willis’s request for additional medical and temporary disability benefit payments from the UEF. Because the UEF was not and cannot be joined as a party to any workers’ compensation claim, the Court denied rel ief. Mr. Willis has now filed a request for a compensation hearing on the record.

## Findings of Fact and Conclusions of Law

A claim for workers’ compensation benefits is not an exception to discharge in bankruptcy. See 11 U.S.C. § 523 (2017). A discha rge “voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727.” See 11 U.S.C. § 524(a)(1). The discharge order “operates as an injunction against the commencement or continuation of an action . . . to recover or offset any such debt as personal liability of the debtor.” Id at (a)(2)

. Thus, the judgment awarded to Mr. Willis for workers’ compensation benefits is void, and the discharge order operates as a permanent injunction. Continuing to prosecute his clam would violate federal law and subject Mr. Willis to both sanctions and civil contempt.

The Court finds that Mr. Willis has diligently and thoroughly prosecuted his clai m to the extent lawfully allowed. Payment from the UEF is within the discretion of the B ureau’s administrator, and the Bureau has authority to seek recovery of UEF payments from an employee if he fails to prosecute his claim. See Tenn. Code Ann. sec. 50-6- 802(e)(1) and (e)(2) (2019). However, in this case, Mr. Willis appeared personally for expedited hearings and appeared through counsel for multiple motion hearings and status conferences, and his counsel filed motions on his behalf to seek enforcement of the Court’s interlocutory orders. Thus, the Court finds he did not fail to prosecute his claim, but his attempts were arrested by the bankruptcy ruling.

Therefore, the Court cannot conduct a final compensation hearing as requested and dismisses Mr . Willis’ s case with prejudice to its refiling. No costs are assessed.

IT IS ORDERED

ENTERED JUNE 18, 2020.

______________________________________ Judge Joshua Davis Baker Court of Workers’ Compensation Claims

## CERTIFICATE OF SERVICE

I certify that a correct copy of this order was sent as indicated on June 18 , 2020

.

Name Certified Mail Fax Email Service sent to:

Eric Lehman

, Employee’s Attorney X eric@lehmansandifar.com ;

e lisabeth@lehmansandifar.com Craig Allen Mann

, Employer X 1128 Corum Hill Rd. Castalian Springs, TN 37031 Lashawn Pender X l ashawn. pender@tn.gov

______________________________________ PENNY SHRUM, COURT CLERK wc.courtclerk@tn.gov

### For self

- represented litigants: Help from an Ombudsman is available at 800

- 332

- 2667. Compensation Hearing Order Right to Appeal :
If you disagree with this Compensation Hearing Order, you may appeal to the Workers’ Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’ Compensation Appeals Board, you must:

1. Complete the enclosed form entitled: “Notice of Appeal,” and f ile the form with the Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the date the compensation hearing order was filed . When filing the Notice of Appeal, you must serve a copy upon the opposing party (or attorney

, if represented).

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten calendar days after filing of the Notice of Appeal. Payments can be made in

- person at any Bureau office or by U.S. mail, hand

- delivery, or other delivery service. In the alternative, you may file an Affidavit of Indigency (form available on the Bureau’s website or an y Bureau office) seeking a waiver of the filing fee. You must file the fully

completed Affidavit of Indigency within ten calendar days of filing the Notice of Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will result in dismissal of your appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court reporter must prepare a transcript and file it with the court clerk within fifteen calendar days of the filing the Notice of Appeal. Alternatively, you may file a statement of the evidence prepared jointly by both parties within fifteen calendar days of the filing of the Notice of Appeal. The statement o f the evidence must convey a complete and accurate account of the hearing. The Workers’ Compensation Judge must approve the statement of the evidence before the record is submitted to the Appeals Board. If the Appeals Board is called upon to review testi mony or other proof concerning factual matters, the absence of a transcript or statement of the evidence can be a significant obstacle to meaningful appellate review.

4. After the Workers’ Compensation Judge approves the record and the court clerk transmi ts it to the Appeals Board, a docketing notice will be sent to the parties. The appealing party has fifteen calendar days after the date of that notice to submit a brief to the Appeals Board. See the Practices and Procedures of the Workers’ Compensation Appeals Board.

To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing Order must be final and you must comply with the Tennessee Rules of Appellate Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s Order will become final by operation of law thirty calendar days after entry. See Tenn. Code Ann. § 50

- 6

- 239(c)(7).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’ Co mpensation 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 fil ed 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: _______________________________________________________

_ Ph one: ___________________ Email: __________________________________________________________ Attorney’s Na me:

_____________________________________________ _ BPR#: _______________________ Attorney’s E mail: _____________________________________________

_ Phone: _______________________ Attorney’s Ad dress:

_________________________________________________________________________ * 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 App ellee’s Address:

_____________________________________________ _ Phone:

_ ___________________ Email: _________________________________________________________ Attorney’s Na me:

_____________________________________________ B PR#: ________________________ Attorney’s E mail: _____________________________________________ Phone:

_______________________ Attorney’s Ad dress:

_________________________________________________________________________ * 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]

### L B -1108 ( R EV 11 / 15) R DA 11082 T e nn essee Bu rea u of Wo rkers’ Co m p e n sa t i on 220 F re n c h L a nd i ng D rive, I -B N as h ville, TN 37243

- 1002 800

- 332

- 2667



### A FF I DAV I T O F 

### I ND IGE NCY

I, ________________________________________, ha vi ng been du ly sw o r n a cc o r d i ng to l a w , m a k e oath that be c au s e of my po v e r t y , I a m unab l e to bea r the c o s t s of th is appea l and r eque s t that the f ili ng fee to appea l be

w a iv ed. T he fo ll o wi ng fa c t s s uppo r t my po v e r t y

.

1. F u ll N a m e: 2. Add r e ss :

3. T e l ephone N u m be r : 4. D ate of B ir th:

5. N a m e s and Age s of A ll D ependent s :

______________________________________ R e l at i on s h i p:

______________________________________ R e l at i on s h i p:

______________________________________ R e l at i on s h i p:

______________________________________ R e l at i on s h i p:

6. I a m e m p l o y ed b y :

My e m p l o y e r’s add r e ss is :

My e m p l o y e r’s phone nu m be r is :

7. My p r e s ent m onth ly hou s eho l d i n c o m e, afte r fede r a l i n c o m e and s o ci a l s e c u ri t y ta x e s a r e dedu c ted, is :

$ ___________________

8. I r e c e iv e o r e x pe c t to r e c e iv e m one y f r o m the fo ll o wi ng s ou rc e s :

A FDC $ ________ pe r m onth beg i nn i ng SSI $ ________ pe r m onth beg i nn i ng

R et ir e m ent $ ________ pe r m onth beg i nn i ng

Dis ab ili t y $ ________ pe r m onth beg i nn i ng

U ne m p l o ym ent $ ________ pe r m onth beg i nn i ng

W o rk e r’s C o m p. $ ________ pe r m onth beg i nn i ng
Othe r $ ________ pe r m onth beg i nn i ng

### L B -1108 ( R EV 11 / 15) R DA 11082 9. My e x pen s e s a r e:

R ent/ H ou s e Pa ym ent $ ________ pe r m onth M ed ic a l / D enta l $ ___________ pe r m onth

G r o c e ri e s $ ________ pe r m onth T e l ephone $ pe r m onth

E l e c t rici t y $ ________ pe r m onth S c hoo l Supp li e s $ pe r m onth

W ate r $ ________ pe r m onth Cl oth i ng $ pe r m onth

Ga s $ ________ pe r m onth C h il d C a r e $ pe r m onth

Tr an s po r tat i on $ ________ pe r m onth C h il d Suppo r t $ pe r m onth

C a r $_________ pe r m onth

Othe r $ _______ pe r m onth ( de scri be: )

10. A ss et s :

Auto m ob il e $ (FM V )

C he cki ng/Sa vi ng s A cc t. $

H ou s e $ (FM V )

Othe r $ D e scri be:

11. My debt s a r e:

A m ount O w ed T o W ho m

I h ere b y d eclare und er th e p e n al t y of p erj u ry th a t th e fo re go i ng a n swers are t r u e, c o rrec t , a nd c o m p le t e
a nd th a t I am f i n a n cially un a b le to p ay th e c o s t s of th is a pp eal.

_ APPELLA NT

S w o r n and s ub scri bed befo r e m e, a nota ry pub lic , th is

_______ da y of , 20_______.

N O T A R Y P U BLI C

My C o mmissi on E x p ir e s :