Opinion

DAVIS, COLEY v. CENTRAL TRANSPORT, LLC

  • 2026 TN WC 66
Court
Tennessee Court of Workers' Compensation Claims
Filed
May 13, 2026
Status
Published
On the bench
Phillips
Cited by
0 cases
Authority
More cited than 40.6%

The opinion

FILED

May 13, 2026

03:09 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

COLEY DAVIS, Docket No. 2024-80-6757

Employee,

v.

CENTRAL TRANSPORT, LLC, State File No. 860389-2024

Employer,

and

CHEROKEE INS. CO., Judge Allen Phillips

Carrier.

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

Central moved for summary judgment, contending that no genuine issues of

material fact exist regarding Mr. Davis’s entitlement to benefits. After a May 11,

2026 hearing, the Court grants the motion.

Claim History

Mr. Davis suffered an injury at work on May 25, 2024, in a forklift accident,

and Central accepted the claim.

Mr. Davis later made a choice from a panel of clinics that Central offered and

saw Dr. John Goodfred in October 2025. After evaluating him, Dr. Goodfred

completed a Standard Form Medical Report for Industrial Injuries (C-32).

On January 12, the Court entered a scheduling order including a motion

deadline of April 10 and set a compensation hearing for May 19. Central filed this

motion on April 10. and provided Mr. Davis with proper notice of both the hearing

and of its intention to rely upon Dr. Goodfred’s C-32 form.

In compliance with Tennessee Rules of Civil Procedure 56.03, Central relied

on these undisputed facts based on the C-32:

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• Mr. Davis was released to return to work on May 25, 2024.

• Mr. Davis was at maximum medical improvement on October 6, 2025.

• Mr. Davis’s injury was not primarily related to his employment.

• Mr. Davis has no permanent impairment.

• Mr. Davis needs no further medical treatment.

Mr. Davis did not respond to the motion or appear for the hearing.

Law and Analysis

Summary judgment is appropriate “if the pleadings, depositions, answers to

interrogatories, and admissions on file, together with the affidavits, if any, show that

there is no genuine issue as to any material fact and that the moving party is entitled

to a judgment as a matter of law.” Tenn. R. Civ. P. 56.04 (2025).

As the moving party, Central must do one of two things to prevail on its

motion: (1) submit affirmative evidence that negates an essential element of Mr.

Davis’s claim, or (2) demonstrate that the evidence is insufficient to establish an

essential element of his claim. Tenn. Code Ann. § 20-16-101 (2025); see also Rye v.

Women’s Care Ctr. of Memphis, MPLLC, 488 S.W.3d 235, 264 (Tenn. 2015). If

Central does either or both, Mr. Davis must respond by producing specific facts

showing a genuine issue for trial. Tenn. R. Civ. P. 56.06.

Because Mr. Davis did not respond, the Court must determine if summary

judgment is appropriate based on Central’s statement of undisputed facts.

Dr. Goodfred’s C-32 form is admissible at the summary judgment stage if it

complies with certain statutory requirements. Sadeekah v. Abdelazeez, 2021 TN

Wrk. Comp. App. Bd. LEXIS 19, at *15, n.6 (June 22, 2021). Central complied with

those requirements because: it notified Mr. Davis of its intended use of the form

within 20 days of the hearing; the form included Dr. Goodfred’s qualifications; and

no question was raised as to the authenticity of the signed copy of the form. Tenn.

Code Ann. § 235(c)(1) and (2) (2025).

Considering the C-32, Central showed there is no genuine issue of material

fact regarding Mr. Davis’s entitlement to benefits. An injury is compensable only if

it is shown to have arisen primarily out of employment, which means the injury was

more than 50% related to the employment. Id. § 50-6-102(12)(A)-(B). Likewise, an

employee is entitled to medical treatment only if the injury is more than 50% related

2

to the employment. Id. § 50-6-102(C).

Dr. Goodfred said Mr. Davis’s employment was not the primary cause of his

injury or need for medical treatment. Without a contrary opinion, there is no genuine

issue of material fact, and Central is entitled to summary judgment as a matter of

law.

Because of the dismissal, the May 19, 2026 compensation hearing is

canceled.

IT IS, THEREFORE, ORDERED as follows:

1. The claim is dismissed with prejudice.

2. The Court taxes the $150 filing fee to Central, to be paid to the Court Clerk

under Tennessee Compilation Rules and Regulations 0800-02-21-06 (2026) within

five business days of this order becoming final.

3. Central shall file Form SD-2 with the clerk within ten business days after

this order becomes final.

4. Unless appealed, this Order shall become final 30 days after entry.

ENTERED May 13, 2026.

____________________________________

JUDGE ALLEN PHILLIPS

Court of Workers’ Compensation Claims

3

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as indicated on May 13, 2026.

Name Email Service sent to:

Coley Davis, Employee X

Richard Clark and Karli Sarratt, X rclark@eraclides.com

Employer’s Attorneys ksarratt@eraclides.com

____________________________________

PENNY SHRUM, COURT CLERK

wc.courtclerk@tn.gov

4

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.

 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.

 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 (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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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