DONALD D. THOMAS v. 10 ROADS EXPRESS, LLC, ET AL. - Articles

All Content

DONALD D. THOMAS v. 10 ROADS EXPRESS, LLC, ET AL.

Posted by: Karen Belcher on Mar 27, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Robert L. Gatewood, Memphis, Tennessee, for the employee-appellant, Donald Thomas.

Attorneys 2: Courtney J. Statham and W. Troy Hart, Knoxville, Tennessee, for the employee-appellee, 10 Roads Express, LLC.

Judge(s): WEAVER

The employee was a delivery driver for the employer when he reported what he believed to be a sprain to his left great toe as a result of pushing the clutch pedal. The employer provided a panel, and the selected physician diagnosed the employee with gout. The employer denied the claim, and the employee filed a petition for benefit determination. After the entry of a scheduling order, the employer obtained the deposition of the treating physician and filed a motion for summary judgment. The employee did not respond to the motion but later filed a motion for an extension of time after the deadline had passed to respond to the summary judgment motion. The trial court denied the motion for extension of time and granted the motion for summary judgment. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision, find the appeal to be frivolous, and certify the decision as final.

Attachments: