In July, the Tennessee Workers’ Compensation Appeals Board split 2-1 in Edwards v. Peoplease on the medical causation issue. The case involved  an assertion of aggravation of a preexisting condition. The majority concluded Edwards did not prove the injury and need for knee replacements arose primarily from work. Rather, according to the majority, the employee’s preexisting arthritis caused the need for knee replacements. The dissent found that the work accident hastened her need for the recommended surgery, agreeing with the trial court.

We summarized the opinion in this blog and later reported that a Supreme Court Special Workers’ Compensation Panel is going to weigh in.

In the meantime, the full Supreme Court decided to take the case before the Panel had a chance to decide the appeal.

This rarely happens in a workers’ compensation case. It’s also intriguing that the high court asked for supplemental briefs on whether the trial court’s review of expert medical testimony should be reviewed under an abuse of discretion standard or de novo. There will be a lot to unpack when the opinion comes down.

We’ll let you know when and where oral arguments will take place and inform of the opinion when issued.

Montgomery Bell State Park on a recent crisp fall morning. Photo by Jane Salem, staff attorney, Nashville.