GOLDWIRE, DARRET v. U.S. XPRESS, INC.

FILED

Aug 31, 2026

07:18 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT GRAY

DARRET GOLDWIRE, Docket No. 2025-20-2780

Employee,

v.

U.S. XPRESS, INC., State File No. 860123-2025

Employer,

and

GREAT WEST CASUALTY CO., Judge Brian K. Addington

Carrier.

COMPENSATION ORDER GRANTING SUMMARY JUDGMENT

U.S. Xpress, Inc. moved for summary judgment on the ground that Mr.

Goldwire failed to file a petition for benefit determination before the statute of

limitations ran. For the below reasons, the Court grants the motion.

Facts and Position

Mr. Goldwire alleged a date of injury of January 23, 2024. He filed a petition

for benefits on May 1, 2025, in which he alleged an injury while driving equipment

not compliant with Department of Transportation regulations. He noted difficulty in

determining where to file the claim. On the petition he marked the box that he did

not receive medical care from a physician on a list supplied by the employer and had

not been paid for missing work.

U.S. Xpress asserted that Mr. Goldwire filed his petition after the statute ran.

In support of its motion, it filed a statement of undisputed facts with citations to the record as required by Tennessee Rules of Civil Procedure 56.03 (2025). It contends

the following are undisputed:

• Mr. Goldwire filed a petition for benefits dated May 1, 2025, with an

injury date of January 23, 2024.

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• He sought medical care from a physician who was not approved by

U.S. Xpress.

• He has not received any temporary disability benefits under the

Workers’ Compensation Law.

Based on those facts, U.S. Xpress contends that no dispute exists that Mr.

Goldwire’s statute of limitations ran before he filed his petition. Mr. Goldwire did

not respond to the motion or appear for the summary judgment motion hearing.

Analysis

Summary judgment is appropriate when “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; TWB Architects,

Inc. v. Braxton, LLC, 578 S.W.3d 879, 887 (Tenn. 2019).

U.S. Xpress is entitled to summary judgment if it negates an essential element

of Mr. Goldwire’s claim or (2) demonstrates that his evidence is insufficient to

establish his claim. Id. at 888.

An essential element to the claim is filing it before the statute of limitation

runs. In this case, no benefits have been paid, so Mr. Goldwire must file his petition within one year of the accident. Tenn. Code. Ann. § 50-6-203(b)(1) (2025).

Here, based on the pleadings, U.S. Xpress provided facts that negate an

essential element of Mr. Goldwire’s claim. He filed his petition over a year after the alleged injury in a case where U.S. Xpress paid no benefits. Mr. Goldwire was then

required to present facts that put the issue into dispute. However, he did not respond to the motion or appear for the hearing.

Thus, U.S. Xpress negated an essential element of Mr. Goldwire’s claim and

is entitled to summary judgment. Mr. Goldwire’s claim against it is dismissed with

prejudice to its refiling.

The Court taxes the $150.00 filing fee to U.S. Xpress under Tennessee

Compilation Rules and Regulations 0800-02-21-.06 (2026), payable to the Clerk

within five business days. U.S. Xpress must prepare and submit the SD-2 with the

Clerk within ten days of the date of judgment. Unless appealed, this order becomes

final 30 days after entry.

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It is ORDERED.

ENTERED August 31, 2026.

Brian K. Addington

JUDGE BRIAN K. ADDINGTON

Court of Workers’ Compensation Claims

CERTIFICATE OF SERVICE

I certify that a copy of this order was sent as shown on August 31, 2026.

Name Email Service sent to:

Darret Goldwire, X

Employee

Scott Johnson, X [email protected]

Employer’s Attorney [email protected]

PENNY SHRUM, COURT CLERK

[email protected]

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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/

[email protected] -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]

LB-1099 rev. 01/20 Page 2 of 2 RDA 11082