The Appeals Board will hear four sets of arguments on February 7, 2024.

First up will be video-conference arguments in Thomas v. Duracell-Cleveland. The trial judge granted the employee’s request to involuntarily dismiss her case without prejudice over the employer’s objections. The employer appealed, arguing that both parties had filed petitions for benefit determination, and its petition formed the current controversy before the court, making it the “master of the complaint.”

Arguments begin at 9:00 a.m. Central Time. A link to observe is in the docket.

Next, the Board will hold in-person arguments in three cases that afternoon. The docket is here.

The afternoon session begins with Pridgen v. Texas Roadhouse Holdings. The trial judge found the claim compensable, where the employee was injured on the employer’s premises after the workday had ended, waiting for a ride in the designated smoking area, when a possum startled him and caused him to fall. The employer contends that this is outside the course and scope of employment, nor did the injury arise primarily from work.

After that, the Board will hear arguments in Gray v. Tyson Foods. The trial judge denied increased benefits, where the employee worked for other employers after the injury, and for different hourly rates. The judge found he was earning more than on the date of injury. The employee appealed, contending that the post-injury work is as an independent contractor and therefore he earns less.

The final set of arguments is in Oldham v. Freeman Webb Company Realtors. The trial judge denied the employer’s motion to quash a subpoena duces tecum of its vocational expert, reasoning that the employer hadn’t expressly stated how the documentation it sought is subject to the work product doctrine or other privilege.

The in-person arguments start at 1:00 p.m. Eastern Time and will take place in the courtroom at the Lincoln Memorial University Duncan School of Law, 601 West Summit Hill Drive in Knoxville.