By Jane Salem, staff attorney Happy New Year! Once again, I’m starting it out with a look back at last year’s most compelling appellate workers’ compensation opinions, month by month. Some months yielded more than one really juicy opinion. It was hard to decide which one to highlight. These are “must-reads,” as the title tells … Continue reading Twelve “Must-Read” Appeals Board Opinions from 2025
Category: Attorney Jane Salem
Board Orders Second Opinion, Fees in Post-Judgment Case
By Jane Salem, staff attorney, Nashville Post-judgment, when an authorized doctor recommends surgery and the employee wants a second opinion, the second opinion is “treatment” that an employer must provide. If they don’t, they’ll be ordered to pay the employee’s attorney fees in securing an order to that effect. So held the Appeals Board recently … Continue reading Board Orders Second Opinion, Fees in Post-Judgment Case
Board Hears Arguments about Second Opinions, Fees
By Jane Salem, staff attorney, Nashville It’s not about the money. Or is it? Last Thursday, the Appeals Board held virtual oral arguments where the dollars and cents of the issues came up more than once. Specifically, the Board probed an employee’s right to a second opinion after an authorized doctor recommends surgery. Does the … Continue reading Board Hears Arguments about Second Opinions, Fees
Board Issues Instructive Discovery Opinions
By Jane Salem, staff attorney, Nashville The Appeals Board recently affirmed two trial court decisions to limit what’s discoverable regarding family and financial information in a workers’ compensation lawsuit. The opinions restate longstanding principles: judges have discretion in making calls about discovery, and it’s a fact-intensive inquiry. So it’s hard to give absolutes. But the … Continue reading Board Issues Instructive Discovery Opinions
‘Respondent’ who is not an Employer May Not Owe Filing Fee
By Jane Salem, staff attorney, Nashville A respondent in a workers’ compensation claim may not be taxed with the filing fee at the conclusion of the case unless that respondent has admitted, stipulated, or acknowledged being the “employer,” or is adjudged by the court as the employer. So held the Appeals Board last week in … Continue reading ‘Respondent’ who is not an Employer May Not Owe Filing Fee
I’m a broken record
By Jane Salem, staff attorney, Nashville I love to listen to ‘70s music. I never get tired of some songs. “Lovely Day” by Bill Withers. “Your Song” by Elton John. “Beautiful” By Carole King. I grew up with this music. I’m a broken record in some ways. Remember 45s and cassettes, and the Columbia Music … Continue reading I’m a broken record
Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
By Jane Salem, staff attorney, Nashville The Appeals Board held last week that an employer must offer a new panel of physicians to an employee under a grant of future open medical benefits, after the authorized treating physician discharged the employee from his care. The Board wasn’t persuaded that the employee’s alleged misconduct amounted to … Continue reading Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
Panel (Again) Upholds Constitutionality in Facial Challenge
By Jane Salem, staff attorney, Nashville The Reform Act of 2013 has survived another constitutional challenge, per opinions released earlier this month from the Tennessee Supreme Court. In the Panel opinion, Brad Wigdor injured his knee when he slipped and fell on oil while working. Electric Research and Manufacturing Cooperative accepted the claim, and he … Continue reading Panel (Again) Upholds Constitutionality in Facial Challenge
Winter Oral Arguments Announced
The Appeals Board has released its latest oral argument docket, where cases will be heard both live and virtually. On January 21, 2025, the Board will head to Jackson, Tennessee to hear four appeals. The cases present a wide variety of fascinating legal issues. First, the judges will consider the sufficiency of an employee’s notice … Continue reading Winter Oral Arguments Announced
Board Issues Another Instructive Summary Judgment Opinion
By Jane Salem, staff attorney, Nashville Just in time for our upcoming continuing legal education session about summary judgment, the Appeals Board has released an opinion again emphasizing the importance of following the rules—specifically, Rule 56.03 about the statement of undisputed material facts. The opinion, Craig Cable v. Conagra Foods Packaged Foods Company, Inc., also … Continue reading Board Issues Another Instructive Summary Judgment Opinion
Recruiting the Next Generation of Comp Lawyers (We Hope)
By Jane Salem, staff attorney, Nashville Chief Judge Kenneth M. Switzer and I had the pleasure of visiting Prof. Lynn Ridgeway Zerht’s employment law class today at Belmont University College of Law. We talked about the system generally and lifecycle of a typical case, and then we prompted a discussion of some recent appellate decisions … Continue reading Recruiting the Next Generation of Comp Lawyers (We Hope)
Judge Johnson Receives Honor from NAWCJ
By Jane Salem, staff attorney, Nashville Last month, our very own Judge Pamela B. Johnson was inducted into the National Association of Workers’ Compensation Judiciary 2024 Adjudicators Hall of Fame. Judge Johnson says she was “surprised and very honored” by the NAWCJ recognition, which she received at the group’s annual meeting in Orlando. She remarks, … Continue reading Judge Johnson Receives Honor from NAWCJ
Minimum Comp Rate Applies, Even Against Social Security Offset
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board answered an issue of first impression about statutory construction and in particular whether an employer is entitled to the Social Security offset in section 50-6-207(4)(A)(i), when applying it lowers an employee’s compensation rate below the “minimum weekly benefit” as defined by statute. The Board … Continue reading Minimum Comp Rate Applies, Even Against Social Security Offset
Panel Upholds Constitutionality of Two Key Sections of the Workers’ Comp Law
By Jane Salem, staff attorney, Nashville Last Friday, the Tennessee Supreme Court released a Panel decision finding two significant provisions of the Reform Act constitutional, in Worrell v. Obion County School District. The opinion came about a decade after the Reform Act took effect. It wasn’t the first time that a party challenged the law, … Continue reading Panel Upholds Constitutionality of Two Key Sections of the Workers’ Comp Law
Board Splits on Preexisting Condition Aggravations
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Workers’ Compensation Appeals Board, in a divided decision, considered a case in which the employee suffered a work injury that she claims aggravated a preexisting condition and caused the need for a particular treatment. The Board took a deep dive into four expert opinions. The … Continue reading Board Splits on Preexisting Condition Aggravations
Citing Correctly is Fun–Not!
By Jane Salem, staff attorney, Nashville I don’t make my bed first thing every morning. The Christmas tree doesn’t come down on December 26 but usually sometime mid-January when it’s a fire hazard. If I close a door, it’s once, not five times. I’d rather read a book than dust the shelves that store them. … Continue reading Citing Correctly is Fun–Not!
Top Ten Appellate Opinions, 2023, part 2
By Jane Salem, staff attorney, Nashville Welcome back! In the last blog post, I took a look back at five opinions from 2023 about jurisdiction, extraordinary relief, mental injuries, medical expenses, and everyone’s favorite subject: attorneys’ fees. Up next is brief mention of five more essential cases from last year, including opinions about aggravations of … Continue reading Top Ten Appellate Opinions, 2023, part 2
Top Ten Appellate Opinions from 2023
By Jane Salem, staff attorney, Nashville Usually I begin a new year with a recap of every workers’ compensation appellate opinion (except the memoranda) from the past year from the Tennessee Supreme Court’s Special Workers’ Compensation Appeals Panel and the Appeals Board. This year, I’m shaking it up. Instead I’ll recap ten key opinions from … Continue reading Top Ten Appellate Opinions from 2023
Court may Order Benefits Even When a Declaratory Action is Pending
By Jane Salem, staff attorney, Nashville Parties to a workers’ compensation lawsuit don’t have to wait for a judgment from a collateral court before the workers’ compensation judge can order a party to furnish benefits. This ruling came from the Appeals Board earlier this month, and it was the latest in a series of decisions … Continue reading Court may Order Benefits Even When a Declaratory Action is Pending
“Disclose” an expert means “Identify”
By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board reversed a trial court order excluding an expert’s testimony as a sanction for failure to meet a deadline to “disclose.” In Ariel Taylor v. Coca Cola Bottling Company, the trial court held that the employer failed to comply with a scheduling order and excluded its … Continue reading “Disclose” an expert means “Identify”
From the Bench 