By Judge Allen Phillips, Jackson In 1919, the Tennessee General Assembly passed the “Workmen’s Compensation Act.” Thus began the first century of what has been called the “Grand Bargain” in our state: employers providing benefits to injured workers without regard to fault, and in exchange the worker recovering only those benefits set forth in the … Continue reading Celebrating 100 years of Workers’ Compensation in Tennessee
Year: 2019
Panel to clarify perm total analysis
By Jane Salem, staff attorney, Nashville Did the Tennessee Workers’ Compensation Appeals Board err by using the “meaningful return to work” analysis in determining the propriety of an award of permanent total disability benefits, when that analysis traditionally applies to permanent partial disability benefits? The Special Workers’ Compensation Panel of the Tennessee Supreme Court will … Continue reading Panel to clarify perm total analysis
More Than a Name on a Wall
By Judge Brian Addington, Gray In November 1982, the United States completed construction of the Vietnam Veterans Memorial in Washington, D.C. My Dad is a Vietnam veteran, and he was very interested in the construction of the memorial, as he had friends die in the war. Although quite controversial at first, the site has become … Continue reading More Than a Name on a Wall
The Radium Girls: A ‘compelling read’
By Judge Dale Tipps, Murfreesboro My reading list is pretty eclectic – recent authors include Thornton Wilder, Kazuo Ishituro, Chinua Achebe, and Jane Austen. Although I find workers’ compensation law interesting (which I suppose should be reassuring to those of you who appear in my court), I don’t go looking for work comp topics when … Continue reading The Radium Girls: A ‘compelling read’
Supreme Court adopts Appeals Board decision on permanent partial disability benefits
Yesterday, the Tennessee Supreme Court affirmed an award of permanent partial disability benefits in Batey v. Deliver This, Inc. The high court reviewed an opinion from the Tennessee Workers' Compensation Appeals Board holding that the trial court erred when it held that the employee's "pre-injury occupation" on the Physician Certification Form to mean the employee’s … Continue reading Supreme Court adopts Appeals Board decision on permanent partial disability benefits
Recapping the Supreme Court Panel Opinions 2018
By Jane Salem, staff attorney, Nashville I recently wrote a three-part series on the Appeals Board’s work last year, briefly summarizing dozens of appellate opinions. In contrast, in 2018, the Tennessee Supreme Court Special Workers’ Compensation Panel decided just eight post-Reform Act cases, along with many more “old law” opinions. It’s likely that the “new … Continue reading Recapping the Supreme Court Panel Opinions 2018
Still more Appeals Board Opinions from 2018
By Jane Salem, Staff Attorney, Nashville Hello again. In the last post, I promised a discussion of 2018’s significant evidence opinions from the Appeals Board, along with civil procedure cases, and, well, everything else. Starting with evidence, a pair of cases discussed the admissibility of the C-32 Standard Form Medical Report. In Watson v. Catlett … Continue reading Still more Appeals Board Opinions from 2018
Revisiting the Appeals Board 2018 Opinions
By Jane Salem, Staff Attorney, Nashville Welcome back to my recap of 2018 Appeals Board cases. In the last post, I highlighted some of the major opinions involving causation. In this edition, I’ll remind of the cases involving medical and disability benefits and defenses. Don’t forget to read the full-text of every case. I’ve given … Continue reading Revisiting the Appeals Board 2018 Opinions
Looking back at the Appeals Board’s 2018 Opinions
By Jane Salem, Staff Attorney, Nashville Happy New Year! Following tradition, it’s an appropriate time to look back at last year’s Appeals Board opinions in a series of blog posts. This post will recap the opinions on causation. The next will look at medical, temporary and permanent disability benefits, and defenses. After that, we’ll focus … Continue reading Looking back at the Appeals Board’s 2018 Opinions
High court considers ‘meaningful return to work’
By Sarah Byrne, Staff Attorney, Nashville The Tennessee Supreme Court held oral arguments Oct. 4 in Christopher Batey v. Deliver This, Inc. Issues included the admissibility of the Physician Certification Form for “extraordinary relief” under the escape clause in Tenn. Code Ann. section 50-6-242(a)(2) and the definition of “extraordinary.” But the primary issue was whether … Continue reading High court considers ‘meaningful return to work’
From the Bench 