           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     Fax      Email    Service sent to:
                          Mail
Eric Lehman,                                      X      eric@lehmansandifar.com;
Employee’s Attorney                                      elisabeth@lehmansandifar.com
Craig Allen Mann,            X                           1128 Corum Hill Rd.
Employer                                                 Castalian Springs, TN 37031
Lashawn Pender                                    X      lashawn.pender@tn.gov



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

For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
                                              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 file-
stamped 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 1 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-1099 rev. 01/20                                 Page 2 of 2                                        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:




LB-1108 (REV 11/15)                                                                             RDA 11082
