Appeals Board Schedules More Arguments

The Tennessee Workers’ Compensation Appeals Board plans to hit the road again soon for more oral arguments.

On Wednesday, Aug. 30, the three-judge Board will travel to Memphis for the first time.

First up there is Butler v. AAA Cooper Transportation, where the Board will take another look at idiopathic injuries and the willful misconduct defense. Then, in Noel v. EAN Holdings, the Board will consider whether the trial court erred when it denied an unopposed motion to terminate medical benefits. The last case on the docket for that day is Limberakis v. Pro-Tech Security, Inc., where the Board will probe whether the trial court’s grant of additional medical benefits was appropriate where the authorized treating physician purportedly released the employee prematurely.

The following month, the Board returns to Knoxville to hear a trio of cases.

The Oct. 11 arguments will kick off with Osborne v. Starrun, Inc., where the  central issue was a denial of benefits based on a finding that neither defendant was a statutory employer. Next, in Burnette v. Westrock Co., the Board will take up whether the trial court erred by designating authorized treating physicians rather than declining to enforce a mediated agreement on that designation. The third case is Meier v. Lowe’s Home Centers, Inc., where the trial court found no causation after a full compensation hearing.

The arguments in both cities start at 9:00 a.m. local time. The Memphis arguments will take place at the University of Memphis Cecil C. Humphreys School of Law, and the Knoxville arguments will occur at the Lincoln Memorial University Duncan School of Law.

To see the Appeals Board’s docket, click here. Also noteworthy: While Trace publishes all opinions from expedited and compensation hearings for the Court of Workers’ Compensation Claims, the Appeals Board now publishes some of its opinions on its website as well as on Trace.

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