The Tennessee Workers’ Compensation Appeals Board will hold virtual oral arguments in the coming weeks. Mark your calendars, and tune in from the comfort of your office, home, or dare we say, the beach? After all, school is almost out, and summer is near.
On May 21, the Board will revisit two cases.
At 2:00 p.m. Central time, arguments will begin in Edwards v. PeopLease. The Board previously examined medical causation and the employer’s responsibility for unauthorized surgery after an expedited hearing, affirming in part and reversing in part. Here’s that opinion. Now, the employer appeals the compensation order, where compensability, liability for past medicals, and an award of permanent total disability are contested, among other issues.
Then at 3:00 p.m., Thomas v. Duracell-Cleveland returns. In March, the Board held that the trial court didn’t err by voluntarily dismissing the employee’s petition for benefit determination. But the Board vacated and remanded the case for clarification on whether a later petition filed by the employer constituted a counterclaim, and whether it survived the dismissal of the employee’s claim. Here’s the Board’s opinion. The trial court on remand held that the employer’s petition wasn’t a counterclaim and didn’t survive the involuntary dismissal. The employer has appealed.
The docket for these arguments is posted on the Appeals Board’s webpage. A link is embedded to view via TEAMS.
Finally, another set of virtual arguments is happening on June 12. At 10:00 a.m. Central time, the parties in Tucker v. LU will argue about the employee’s entitlement at the interlocutory stage to additional medical benefits, medical causation, and whether a valid referral was made. The docket is here.
Happy viewing, from wherever it might be. And we hope you’re enjoying the beautiful Tennessee spring flora.
Photo by Judge Brian Addington, Gray.
