Dockery, James v. Morristown Distribution Services, Inc.
James Dockery, a truck driver for Morristown Distribution Services, Inc. (MDS), filed a Request for Expedited Hearing for medical benefits after injuring his right shoulder and neck while unloading freight on August 5, 2016. MDS denied the claim, asserting willful misconduct due to Mr. Dockery allegedly unloading without permission, in violation of the company's 'no-touch' policy. Conflicting testimonies were heard from Mr. Dockery, driver manager Johnny Trent, and safety manager Stephanie Headrick regarding permission to unload. The Court found that while Mr. Dockery knew the rule about not unloading unilaterally, MDS failed to prove he understood the danger, bona fide enforcement of the rule (as he wasn't disciplined), and that he lacked a valid excuse for unloading given the absence of lumpers and no alternative direction from Mr. Trent. Therefore, the Court held that Mr. Dockery is likely to prevail on the merits and granted his request for medical benefits, ordering MDS to provide a panel of physicians.