The opinion
FILED
Nov 24, 2025
10:35 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT JACKSON
HARRY HEADLEY, ) Docket No.: 2023-07-7479
Employee, )
v. ) State File No.: 68020-2023
ROADSTAR, LLC, )
Employer, ) Judge Robert Durham
And )
NATIONAL LIABILITY AND )
FIRE INS. CO., )
Insurer. )
COMPENSATION HEARING ORDER DENYING BENEFITS
The Court held a Compensation Hearing on November 13, 2025, to determine
whether Roadstar must pay medical and disability benefits for Mr. Headley’s alleged June
29, 2023 work injury. Mr. Headley did not appear at the compensation hearing despite
adequate notice. Thus, the Court dismisses Mr. Headley’s claim with prejudice under
Tennessee Rules of Civil Procedure Rule 41.02 for failure to prosecute his claim.
History of Claim
Mr. Headley sought workers compensation benefits for an alleged work-related
accident on June 28, 2023. The parties participated in a scheduling hearing on July 23,
2025, at which time they agreed to a deadline of October 30, 2025 to submit any proposed
exhibits and witness lists for the compensation hearing set for November 13, 2025.
Mr. Headley did not submit any proposed exhibits or witness lists on or before
October 30, nor did he submit a motion for continuance before the deadline expired. On
November 10, Mr. Headley responded to an e-mail reminder about the compensation
hearing by saying that he would not be able to get off work, and he asked for a “thirty-day
notice” to allow him to find others to cover his job duties. The Court considered this
response as a motion to continue and denied the motion that same day, reiterating that the
compensation hearing would proceed as scheduled.
1
Mr. Headley did not appear for the compensation hearing on November 13, nor did
he contact the Court to explain his absence. The Court adjourned the hearing at
approximately 1:15 p.m.
Findings of Fact and Conclusions of Law
Mr. Headley failed to offer any evidence in support of his claim and did not appear
for the compensation hearing. As a result, the Court dismisses his claim with prejudice to
refiling for failure to prosecute under Rule 41.02(1) of the Tennessee Rules of Civil
Procedure. This constitutes a final adjudication on the merits under Rule 41.02(3).
IT IS, THEREFORE, ORDERED:
1. Mr. Headley’s claim for workers’ compensation benefits is denied.
2. Roadstar shall also pay costs of $150.00 to the Court Clerk within five business
days of this order becoming final.
3. Roadstar shall file with the Court Clerk a Statistical Data Form within ten
business days of this order becoming final.
4. This Compensation Order is a final adjudication on the merits of Mr. Headley’s
claim. Unless appealed, it shall become final in 30 days.
ENTERED November 24, 2025.
_____________________________________
ROBERT DURHAM, JUDGE
Court of Workers’ Compensation Claims
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CERTIFICATE OF SERVICE
I certify that a copy of the Order was sent as indicated on November 24, 2025.
Name Certified Fax Email Service sent to:
Paul Headley X Paulheadley1895@gmail.com
Allen Callison X Allen.Callison@mgclaw.com
Emily Faulkner X Emily.Faulkner@mgclaw.com
_____________________________________
PENNY SHRUM, Court Clerk
WC.CourtClerk@tn.gov
3
Right to Appeal:
If you disagree with the Court’s Order, you may appeal to the Workers’ Compensation
Appeals Board. To do so, you must:
1. Complete the enclosed form entitled “Notice of Appeal” and file it with the Clerk of the
Court of Workers’ Compensation Claims before the expiration of the deadline.
¾ If the order being appealed is “expedited” (also called “interlocutory”), or if the
order does not dispose of the case in its entirety, the notice of appeal must be filed
within seven (7) business days of the date the order was filed.
¾ If the order being appealed is a “Compensation Order,” or if it resolves all issues
in the case, the notice of appeal must be filed within thirty (30) calendar days of
the date the Compensation Order was filed.
When filing the Notice of Appeal, you must serve a copy on 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 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 are responsible for ensuring a complete record is presented on appeal. If no court
reporter was present at the hearing, you may request from the Court Clerk the audio
recording of the hearing for a $25.00 fee. If you choose to submit a transcript as part of your
appeal, which the Appeals Board has emphasized is important for a meaningful review of
the case, a licensed court reporter must prepare the transcript, and you must file it with the
Court Clerk. The Court Clerk will prepare the record for submission to the Appeals Board,
and you will receive notice once it has been submitted. For deadlines related to the filing of
transcripts, statements of the evidence, and briefs on appeal, see the applicable rules on the
Bureau’s website at https://www.tn.gov/wcappealsboard. (Click the “Read Rules” button.)
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.
If neither party timely files an appeal with the Appeals Board, the Court Order
becomes enforceable. See Tenn. Code Ann. § 50-6-239(d)(3) (expedited/interlocutory
orders) and Tenn. Code Ann. § 50-6-239(c)(7) (compensation orders).
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;ĐŚĞĐŬŽŶĞŽƌŵŽƌĞĂƉƉůŝĐĂďůĞďŽdžĞƐĂŶĚŝŶĐůƵĚĞƚŚĞĚĂƚĞĨŝůĞͲ
ƐƚĂŵƉĞĚŽŶƚŚĞĨŝƌƐƚƉĂŐĞŽĨƚŚĞŽƌĚĞƌ;ƐͿďĞŝŶŐĂƉƉĞĂůĞĚͿ͗
ප Expedited Hearing Order filed on _______________ ප Motion Order filed on ___________________
ප Compensation Order filed on__________________ ප 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]
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