Panel to clarify perm total analysis

By Jane Salem, staff attorney, Nashville Did the Tennessee Workers’ Compensation Appeals Board err by using the “meaningful return to work” analysis in determining the propriety of an award of permanent total disability benefits, when that analysis traditionally applies to permanent partial disability benefits? The Special Workers’ Compensation Panel of the Tennessee Supreme Court will … Continue reading Panel to clarify perm total analysis

Recapping the Supreme Court Panel Opinions 2018

By Jane Salem, staff attorney, Nashville I recently wrote a three-part series on the Appeals Board’s work last year, briefly summarizing dozens of appellate opinions. In contrast, in 2018, the Tennessee Supreme Court Special Workers’ Compensation Panel decided just eight post-Reform Act cases, along with many more “old law” opinions. It’s likely that the “new … Continue reading Recapping the Supreme Court Panel Opinions 2018

Still more Appeals Board Opinions from 2018

By Jane Salem, Staff Attorney, Nashville Hello again. In the last post, I promised a discussion of 2018’s significant evidence opinions from the Appeals Board, along with civil procedure cases, and, well, everything else. Starting with evidence, a pair of cases discussed the admissibility of the C-32 Standard Form Medical Report. In Watson v. Catlett … Continue reading Still more Appeals Board Opinions from 2018

Looking back at the Appeals Board’s 2018 Opinions

By Jane Salem, Staff Attorney, Nashville Happy New Year! Following tradition, it’s an appropriate time to look back at last year’s Appeals Board opinions in a series of blog posts. This post will recap the opinions on causation. The next will look at medical, temporary and permanent disability benefits, and defenses. After that, we’ll focus … Continue reading Looking back at the Appeals Board’s 2018 Opinions

Panel probes undocumented workers’ eligibility for increased benefits

By Jane Salem, staff attorney, Nashville Can undocumented injured workers collect increased permanent partial disability benefits in Tennessee under section 50-6-207(3)(B)? A Special Workers’ Compensation Panel of the Tennessee Supreme Court considered that question at oral arguments on November 19. Employee Salvador Sandoval asked the Panel to strike as unconstitutional the provision within the statute … Continue reading Panel probes undocumented workers’ eligibility for increased benefits

Appeals Board Considers causation in ‘single step’ and heart attack cases

By Jane Salem, staff attorney, Nashville When an employee exited a building, missed the single step to the ground and fell, is her resulting injury compensable under the Tennessee Workers’ Compensation Law? The Tennessee Workers’ Compensation Appeals Board examined that question at its most recent oral arguments. Paul Nicks, the Germantown attorney representing the employer, … Continue reading Appeals Board Considers causation in ‘single step’ and heart attack cases

Looking Back, Part Two

By Jane Salem, Staff Attorney, Nashville Welcome back to the recap of the Appeals Board’s activities for the second half of 2017. Don’t forget that waiver you mentally signed last week. The Reform Act ushered in greater formality and (we hope) fairness into Tennessee workers’ compensation practice via the imposition of, or greater adherence to, … Continue reading Looking Back, Part Two

Looking Back at the 2017 Appeals Board Opinions, Part One

By Jane Salem, Staff Attorney, Nashville I recently promised an article about the Appeals Board’s activities from the second half of 2017. Here it is, in two parts. But first, please read and mentally sign the waiver below. Thanks. Now, before I delve into the cases, 2017 was memorable for the Appeals Board for reasons … Continue reading Looking Back at the 2017 Appeals Board Opinions, Part One

Appeals Board Hears Arguments on Attorneys’ Fees Statutory Provisions

By Jane Salem, Staff Attorney, Nashville The Tennessee Workers’ Compensation Appeals Board took up a topic of interest to most practitioners – fees – in a pair of cases at its most recent docket of oral arguments. The judges dived deeply into two separate provisions of the Workers’ Compensation Law authorizing fees to employees’ attorneys … Continue reading Appeals Board Hears Arguments on Attorneys’ Fees Statutory Provisions

An Overview of 2017 Panel Opinions

By Jane Salem, Staff Attorney, Nashville January is traditionally a time to look back at the past year. In Tennessee workers’ compensation jurisprudence, 2017 marked the first time that Supreme Court Special Workers’ Compensation Panels reviewed opinions from the Appeals Board or the Court of Workers’ Compensation Claims. All told, the Panels released five cases reviewing … Continue reading An Overview of 2017 Panel Opinions