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 DISMISSAL WITH PREJUDICE

This case came before the Court on Mr. Willis’s Request for a compensation 

hearing on the record. After much consideration, the Court finds it cannot conduct a 

compensation hearing, as the case is moot, and dismisses 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 Mr. 

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). The Court found Express Towing was a statutory employer under the Worker’s 

Compensation Law.

Because it documented the claim’s history in previous orders, 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 payments Mr. Willis received from the 

UEF.

Mr. Willis filed a Petition for Benefit Determination in April 2016, naming Allen 

Mann and Mike Copeland as contact persons for Express Towing and alleging that 

Express Towing had “no worker’s [sic] comp [insurance].” He then filed a request 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, who requested a stay and a second 

expedited hearing to present proof that Express Towing employed fewer than five people, 

which exempted it from the Workers’ Compensation Law.

At the second hearing, the Court held that Mr. Willis would likely succeed in 

proving he was an employee of Express Towing and that Express Towing was not 

exempt from the requirement to provide workers’ compensation insurance coverage. The

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 bankruptcy.

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 

motion for payment 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, the United States Bankruptcy Court of 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 

personal liability of the debtor.” As the sole owner of Express Towing, that discharge 

ended Mr. Mann’s and Express Towing’s potential 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 relief. 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 discharge “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 claim 

to the extent lawfully allowed. Payment from the UEF is within the discretion of the 

Bureau’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;

elisabeth@lehmansandifar.com

Craig Allen Mann,

Employer

X 1128 Corum Hill Rd.

Castalian Springs, TN 37031

Lashawn Pender X lashawn.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 file 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 any Bureau office) seeking a waiver of the filing fee. You must file the fullycompleted 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 of 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 testimony 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 transmits 

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’ Compensation 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 filed 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: ________________________________________________________ Phone: ___________________ 

Email: __________________________________________________________ 

Attorney’s Name: ______________________________________________ BPR#: _______________________ 

Attorney’s Email: ______________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* 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 

Appellee’s Address: ______________________________________________ Phone: ____________________ 

Email: _________________________________________________________ 

Attorney’s Name: _____________________________________________ BPR#: ________________________ 

Attorney’s Email: _____________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* 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] 
LB-1108 (REV 11/15) RDA 11082 

Tennessee Bureau of Workers’ Compensation

220 French Landing Drive, I-B

Nashville, TN 37243-1002 

800-332-2667 

AFFIDAVIT OF INDIGENCY

I, ________________________________________, having been duly sworn according to law, make oath that 

because of my poverty, I am unable to bear the costs of this appeal and request that the filing fee to appeal be 

waived. The following facts support my poverty. 

1. Full Name: 2. Address: 

3. Telephone Number: 4. Date of Birth: 

5. Names and Ages of All Dependents: 

 ______________________________________ Relationship: 

 ______________________________________ Relationship: 

 ______________________________________ Relationship: 

 ______________________________________ Relationship: 

6. I am employed by: 

My employer’s address is: 

My employer’s phone number is: 

7. My present monthly household income, after federal income and social security taxes are deducted, is: 

$ ___________________ 

8. I receive or expect to receive money from the following sources: 

 AFDC $ ________ per month beginning 

 SSI $ ________ per month beginning 

Retirement $ ________ per month beginning 

Disability $ ________ per month beginning 

Unemployment $ ________ per month beginning 

Worker’s Comp. $ ________ per month beginning 

Other $ ________ per month beginning 
LB-1108 (REV 11/15) RDA 11082 

9. My expenses are: 

Rent/House Payment $ ________ per month Medical/Dental $ ___________ per month 

 Groceries $ ________ per month Telephone $ per month 

 Electricity $ ________ per month School Supplies $ per month 

Water $ ________ per month Clothing $ per month 

 Gas $ ________ per month Child Care $ per month 

Transportation $ ________ per month Child Support $ per month 

 Car $_________ per month 

 Other $ _______ per month (describe: )

10. Assets: 

 Automobile $ (FMV) 

Checking/Savings Acct. $ 

House $ (FMV) 

 Other $ Describe: 

11. My debts are: 

Amount Owed To Whom

 

I hereby declare under the penalty of perjury that the foregoing answers are true, correct, and complete 

and that I am financially unable to pay the costs of this appeal. 

 _ 

APPELLANT

Sworn and subscribed before me, a notary public, this 

_______ day of , 20_______. 

 

NOTARY PUBLIC

My Commission Expires: