The very first arguments for the Tennessee Workers’ Compensation Appeals Board took place at Belmont University College of Law in Nashville in 2016. The Board will return there on January 27, 2023, for another set of arguments.
First up will be Acevedo v. Crown Paving. Surviving dependents filed a claim after the worker incurred over $700,000 in medical bills at Skyline Hospital before his death. Crown Paving denied the claim. Skyline moved to intervene in the case, arguing it has a right to protect its subrogation interest. The trial court allowed the intervention, and Crown Paving has appealed.
Next, in Earheart v. Central Transport, after a compensation hearing, the court ordered the employer to pay an attorney’s fee for its wrongful failure to timely pay temporary disability benefits. Central Transport agreed to pay them immediately before the trial. It has appealed, contending the fee award wasn’t proper under the circumstances.
The third set of arguments is in Stone v. Lowe’s Home Centers. The employer filed a motion seeking Rule 11 sanctions against the employee, to include dismissal of the case. The employee opposed the motion, arguing that the employer refused to mediate. The court denied the motion because the mediator hadn’t issued a dispute certification notice. Lowe’s appealed, saying the court can dismiss a case based on Rule 12 of the Rules of Civil Procedure without a dispute certification notice.
Fourth and finally is Mitchell v. AECOM, d/b/a Shimmick Construction, where the court found the employer hadn’t complied with its orders, awarded attorney’s fees, and referred it for consideration of penalties. Shimmick appealed, arguing that the medical provider didn’t follow fee-schedule rules and wasn’t cooperative with its efforts to pay bills.
The arguments begin at 9:00 a.m. Central Time. The docket is available here.
Winter begins today.