CHRISTOPHER OAKES v. DURACAP ASPHALT PAVING COMPANY, INC., ET AL. - Articles

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CHRISTOPHER OAKES v. DURACAP ASPHALT PAVING COMPANY, INC., ET AL.

Posted by: Azya Thornton on Sep 9, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Gregory H. Fuller and Brayden Hunter, Brentwood, Tennessee, for the employer-appellant, Duracap Asphalt Paving Company, Inc.

Attorneys 2: Christopher Oakes, New Market, Tennessee, employee-appellee, pro se.

Judge(s): GODKIN

In this appeal, the employer asserts the trial court’s decision to grant the employee’s motion for a continuance and hold its motion for summary judgment in abeyance was an abuse of discretion. The employer also contends the trial court erred by referring it for penalties as a result of noncompliance with a previous order. In granting the employee’s motion to continue, the court noted that although it set a deadline for the employee to serve written discovery, it did not issue a full scheduling order or set any additional discovery or proof deadlines. The court determined that the employer’s motion for summary judgment was premature and ruled that it would hold the motion in abeyance “pending issuance of a full scheduling order.” The court also determined the employer failed to comply with its prior order compelling it to allow the employee to return to his authorized provider. As a result, the court concluded the employer’s actions had “deprived” the employee of the ability to get information necessary to respond to the employer’s dispositive motion. The employer has appealed. Upon careful review of the record and consideration of the pertinent statutes and regulations, we affirm the trial court’s order and remand the case.

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