# Goodwin, Charles R. v. Morristown Drivers Services, Inc. > Tennessee Court of Workers' Compensation Claims · August 2, 2019 · 2019 TN WC 119 URL: https://www.frixlaw.com/law-library/cases/4560422 ## Case - **Court:** Tennessee Court of Workers' Compensation Claims - **Decided:** August 2, 2019 - **Citations:** 2019 TN WC 119 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Lisa A. Lowe - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4560422 ## Opinion text FILED Aug 02, 2019 07:15 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS TENNESSEE BUREAU OF WORKERS' COMPENSATION IN THE COURT OF WORKERS' COMPENSATION CLAIMS AT KNOXVILLE CHARLES R. GOODWIN, ) Docket No. 2017-03-1235 Employee, ) v. ) MORRISTOWN DRIVERS ) SERVICES, INC., ) State File No. 80097-2017 Employer, ) And ) CHEROKEE INSURANCE ) COMPANY, ) Judge Lisa A. Lowe Carrier. ) COMPENSATION ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This case came before the Court on remand from the Workers' Compensation Appeals Board. This Court previously denied Morristown Drivers Services's motion for summary judgment. Morristown Drivers Services appealed, and the Appeals Board reversed and remanded the case for entry of an order granting summary judgment. In compliance with that order, the Court grants Morristown Drivers Services's motion for summary judgment. IT IS, THEREFORE, ORDERED as follows: 1. Morristown Drivers Services's Motion for Summary judgment is granted, and Mr. Goodwin's claim for the requested workers' compensation benefits is dismissed on the merits with prejudice to its refiling. 2. The filing fee of$150.00 is taxed to Morristown Drivers Services under Tennessee Compilation Rules and Regulations 0800-02-21-.07 (2018), to be paid to the Court Clerk within five business days of the entry of this order, and for which execution may Issue as necessary. 1 3. Morristown Drivers Services shall prepare and submit the SD-2 to the Court Clerk within ten business days of the date of judgment. 4. Absent appeal, this order shall become final thirty calendar days after entry. ENTERED August 2, 2019. LISA A. LOWE, JUDGE Court of Workers' Compensation Claims CERTIFICATE OF SERVICE I certify that a copy of this Order Granting Summary Judgment was sent as indicated on August 2, 20 19. Name Certified Fax Email Service sent to: Mail John A. Willis, X johnwillis@foxandfarleylaw.com Employee's Attorney Brian Rife, X brife@midkifflaw .com Employer's Attorney /) PE~-ftH ffi~ - .UM, COURT CLERK wc.courtcl ~" @tn.gov 2 II I 'I 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: "Compensation Hearing 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 ofthe 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 lndigency 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. II I. ' I Tennessee Bureau of Workers' Compensation 220 French Landing Drive, 1-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 Camp.$ per month beginning Other $ per month beginning LB-1108 (REV 11/15) RDA 11082 9. My expenses are: ! ~ li I ' Rent/House Payment $ per month Med icai/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 ____ dayof _____________________ , 20_ __ NOTARY PUBLIC My Commission Expires:_ _ _ _ _ _ __ LB-1108 (REV 11/15) RDA 11082 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4560422. Public record. Not legal advice.