Board Announces Oral Arguments Next Month

The Tennessee Workers’ Compensation Appeals Board will hear in-person oral arguments in four cases on Thursday, February 12, in Knoxville at 9:00 a.m. Eastern Time.

First, Gandy v. Marten Transport, Ltd. presents causation/medical causation issues of an employee’s “scratch” that rapidly escalated into a serious infection requiring an arm amputation and multiple surgeries. Marten Transport denied the claim, but the court awarded medical and temporary disability benefits. Marten appealed.

Second, Russell v. Benchmark Contractors, LLC asks the Board to consider whether the employee’s alleged medical noncompliance justified nonpayment of temporary disability. The trial court concluded that it was the employer who was noncompliant with its obligation to provide a panel. The court also awarded attorney fees. Benchmark appealed.

Third, in Forrest v. Concrete Structures, Inc., a work incident caused the employee’s femoral fracture. It required surgery by an orthopedic oncologist, who related the ongoing need for chemotherapy to the work accident. Concrete Structures denied the claim and obtained a record-review reaching a different causation opinion. The trial court adopted the employee’s expert’s opinion but denied the attorney fee request. Both parties have appealed.

Fourth and finally, an order granting the employee’s motion to compel discovery and denying the employer’s motion for a protective order is under review in Hernandez v. Wal-Mart Associates. The employee alleged neurological, voice box, breathing, and mental injuries arising from carbon monoxide exposure at work. This particular order came after previous discovery orders were issued. Wal-Mart Associates appealed.

All are interlocutory appeals, so the Board will release decisions within 20 business days after the arguments.

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