By Sarah Byrne, staff attorney, Nashville The Appeals Board heard oral arguments recently in Satterfield v. Smoky Mountain Home Health & Hospice to decide if Kimberly Satterfield waived a claim for increased benefits by not ensuring a “permanent disability benefits” box was marked on one of two dispute certification notices filed in the claim. “You … Continue reading Reading a Box in a Vacuum
Author: tncourtofwcclaims
Board Affirms in Chemical Exposure Case
By Taylor Skees, staff attorney, Memphis Last week, I wrote about oral arguments earlier this month involving competing expert opinions in a complicated chemical exposure claim. The Appeals Board has since affirmed. In Randall v. Food Lion, Wilma Randall asserted that the trial court erred in denying her request for medical benefits. The trial court … Continue reading Board Affirms in Chemical Exposure Case
Board Dissects the Meaning of “Underlying”
By Traci Haynes, staff attorney, Gray We use homonyms or multiple-meaning words every day. For example, left as in “Joe left the room,” or “hand me the book to the left.” We begin learning the distinctions at an early age. Spend a day with an inquisitive toddler, and you’ll quickly know what I mean. Earlier … Continue reading Board Dissects the Meaning of “Underlying”
Did COVID or Chemicals Cause Injuries?
By Taylor Skees, staff attorney, Memphis Last week, the Appeals Board held oral arguments on Randall v. Food Lion, where the trial court weighed expert opinions. Wilma Randall’s unauthorized treating physician tied her condition to chemical exposure at work, while a physician who reviewed Randall’s records attributed her condition to an infectious disease such as … Continue reading Did COVID or Chemicals Cause Injuries?
Judges Hash Out the Meaning of Expert “Disclosure”
By Jane Salem, staff attorney, Nashville An employer’s vocational expert won’t be allowed to testify in an increased benefits case—unless the Appeals Board reverses that call by the trial judge. The decision will turn on what the appellate judges decide the word “disclose” means. Counsel gave sharply disparate opinions on that question at oral arguments … Continue reading Judges Hash Out the Meaning of Expert “Disclosure”
Oral Arguments Announced for October
The Workers’ Compensation Appeals Board recently set cases for live oral argument in Knoxville next week, and a virtual oral argument later in the month. Interestingly, the cases represent a wide variety of procedural postures. On October 5, the Board will start by considering an order granting a motion to exclude in Taylor v. Coca … Continue reading Oral Arguments Announced for October
Songs about Working
By Judge Thomas Wyatt, Chattanooga A while ago, I searched the internet for songs about workers’ compensation. I found a few about work accidents, like Big John, the Wreck of the Edmond Fitzgerald, and a song professing the universal truth that the worker always loses in the battle between steel and flesh. Recently, I broadened … Continue reading Songs about Working
On This Day In History…
By Judge Brian Addington, Gray As a child and even until today, I love to read historical reminders. I used to read them in newspapers or magazines growing up, but now they abound in articles on the Web and on social media. As I write today, September 20, on this day in history… In 1946, … Continue reading On This Day In History…
Talking to Strangers
By Judge Dale Tipps, Murfreesboro I read a couple of news articles recently about something called “relational diversity.” Researchers have noticed a correlation between the number of social interactions with strangers and levels of satisfaction, happiness, and well-being. They found that, in addition to our regular contact with friends, family, and colleagues, conversations with strangers … Continue reading Talking to Strangers
Honoring All Who Labor
By Judge Allen Phillips, Jackson “Work is not man’s punishment. It is his reward and his strength and his pleasure.” ---George Sand, a/k/a Amantine Lucile Aurore Dupin de Francueil, a French novelist, memoirist and journalist. She was one of the most popular writers in Europe in her lifetime, being more renowned than either Victor Hugo … Continue reading Honoring All Who Labor
No settlement approvals in Memphis on August 23
Judge Marion will be a national judicial conference. However, approvals in Memphis will take place both the day before and after as usual. Thanks for your flexibility. Photo by Judge Amber Luttrell, Jackson.
Meet Judge Shaterra Marion
By Jane Salem, staff attorney, Nashville Sometimes, you just know right away when something’s right. Although Shaterra Reed Marion doesn’t consider herself an impulsive person, occasionally in her past, she has instantly, unexpectedly, and rather dramatically changed course--and it worked out well. For example, about a year ago, attorney Marion saw a post on this … Continue reading Meet Judge Shaterra Marion
What’s on the Board’s Mind? Jurisdiction
By Jane Salem, staff attorney, Nashville What’s on your mind right now? The heat, the upcoming elections, the economy? Or maybe you’re thinking about lighter topics, like an upcoming vacation, the fall football season, or even “Barbenheimer.” As for the Tennessee Workers’ Compensation Appeals Board, well, they’re pretty into the subject of subject matter jurisdiction … Continue reading What’s on the Board’s Mind? Jurisdiction
Motion Practice: Avoid the Pitfalls
By Taylor Skees, staff attorney, Memphis Has your motion been denied on procedural grounds? Would you like to avoid that in the future? Then this blog is for you! This article will outline common procedural pitfalls with motions in the Court of Workers’ Compensation Claims, looking mostly at the rules, but also statutes and case … Continue reading Motion Practice: Avoid the Pitfalls
Workers’ compensation judges can’t decide coverage disputes
By Jane Salem, staff attorney, Nashville Trial judges in the Court of Workers’ Compensation Claims don't have jurisdiction to decide insurance coverage disputes when a carrier alleges untimely payment of premiums. The Tennessee Workers’ Compensation Appeals Board reached that conclusion last week in Martinez v. ACG Roofing, Inc. But the Board’s opinion also gave a … Continue reading Workers’ compensation judges can’t decide coverage disputes
The Workers’ Comp Hillbillies
By Judge Brian Addington, Gray While an undergrad at Pikeville College (now University of Pikeville), I was exposed to a popular cultural gathering called “Hillbilly Days.” Occurring in the home county to the McCoys of the Hatfield-McCoy feud, let me just say . . . they know how to party. There’s a parade, food, singing, … Continue reading The Workers’ Comp Hillbillies
Taking Judicial Notice
By Judge Audrey Headrick, Chattanooga “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” --John Adams Have you ever asked anyone how they knew a particular fact, and they responded, “Oh, come on. Everybody knows that.” Well, … Continue reading Taking Judicial Notice
2023 Statutory Changes Take Effect Soon
By Judge Pamela B. Johnson The 2023 session of the 113th Tennessee General Assembly adjourned on April 21. During this year’s session, three workers’ compensation bills successfully passed. Below is a summary of the notable changes, but please take the time to click on the links and read the full-text for yourself. Public Chapter No. … Continue reading 2023 Statutory Changes Take Effect Soon
Board Offers Framework for Notice Cases
By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board issued an important opinion explaining how parties, practitioners and judges should approach the notice defense in the future. It is essential reading. The 18-page opinion, Ernstes v. Printpack, also traced the history of the notice requirement in the workers’ compensation law, as well … Continue reading Board Offers Framework for Notice Cases
See You In Murfreesboro
By Judge Robert Durham, Cookeville This year, I celebrate my thirtieth anniversary as a lawyer. Thirty years. I’ve spent a long time in worker’s comp. I started right after the ’92 reform, which introduced the multipliers. Two and a half times vs. six times. IMEs vs. ATPs. Races to the courthouse. Ah, good times. Then … Continue reading See You In Murfreesboro
From the Bench 