By Judge Shaterra R. Marion, Memphis

The Court of Workers’ Compensation Claims will celebrate ten years this July. This isn’t an original thought, but time really does fly.

When the Court was first created, we weren’t thinking much about post-judgment matters, for obvious reasons—we hadn’t adjudicated that many cases and were just getting started approving settlement agreements. But with the passage of time, we’re now seeing more and more post-judgment disputes.

So let’s have a quick discussion on standards of proof and other concerns in these cases.

Here’s the scenario: An order has been entered in an employee’s case awarding lifetime future medical benefits. Specific medical treatment under this case has been denied, and the employee asks the Court to order the employer to provide the treatment.

Question: What is the standard of proof required for this medical benefits request? “Preponderance of the evidence,” or “likely to prevail at a hearing on the merits”?

The Court’s rules state, an expedited hearing is a hearing conducted before a trial on the merits to determine temporary disability and/or medical benefits. A judge may issue an expedited hearing order based on a decision on the record. An expedited hearing is not the appropriate procedure for the Court to determine post-settlement or post-judgment medical issues. Tennessee Compilation Rules and Regulations 0800-02-21-.02(15) (2023).

Further, Tennessee Code Annotated 50-6-239(c)(6) states, unless the statute provides for a different standard of proof, at a hearing the employee shall bear the burden of proving each and every element of the claim by a preponderance of the evidence.  

So what does that mean? The employee’s standard of proof for medical benefits requested post-settlement or post-judgment is preponderance of the evidence.

While we’re talking about proof, remember that signed medical records and causation letters are admissible at an expedited hearing. But anything post-judgment is akin to a compensation hearing, so you’ll need to offer medical proof by a C-32 or deposition transcript. As always though, the parties may agree to the admissibility of  medical records as proof.

Finally, can an employee’s attorney request fees under these circumstances? The answer can be found in section 50-6-226(d)(1).

I’ve enjoyed our discussion. Until next time.

Photo by Kim Weaver, paralegal, Knoxville.