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”
Category: Attorney Jane Salem
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
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
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
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board issued its second opinion in two years in which it upheld the direct and natural consequences rule in workers’ compensation cases. Presiding Judge Timothy Conner wrote a concurring opinion, however, remarking that guidance from the Tennessee high court would be useful. Facts Natacha Hudgins … Continue reading Direct and Natural Consequences Rule Remains Intact
Appeals Board, 2022: Part Two
By Jane Salem, staff attorney, Nashville Welcome back to our final installment in the three-part series on last year’s workers’ compensation appellate opinions. Notice I noticed this was an issue in a handful of opinions (See what I did there? I know; my comic genius is being wasted as a staff attorney. But it's hard … Continue reading Appeals Board, 2022: Part Two
Appeals Board Opinions, 2022: Part One
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board had another busy year in 2022. This article will recap cases (which you really need to read!) on all things medical: causation, reasonably necessary treatment, noncompliance, etc. We’ll also look at a couple cases about other categories of benefits. Medical causation As practitioners … Continue reading Appeals Board Opinions, 2022: Part One
Looking Back at 2022: Supreme Court Panel Opinions
By Jane Salem, staff attorney, Nashville Happy New Year! Every January, we post a series of articles summarizing the appellate opinions from the previous year. This year is no exception. Here’s the roadmap for this article. We’ll start with a few words about the year generally, followed by the “rule” for these articles. Then we’ll … Continue reading Looking Back at 2022: Supreme Court Panel Opinions
C-32s: Law, Cases and Practice Pointers
By Jane Salem, staff attorney, Nashville What if there were an easy way to get a physician’s opinion into evidence? Great news! For 35 years now, we’ve had that shortcut: section 50-6-235 and its rule counterpart, 0800-02-01-.09. The statute and rule state that a party may file the form instead of a physician’s deposition. Form … Continue reading C-32s: Law, Cases and Practice Pointers
We’ll Miss You, Judge Seymour
By Jane Salem, staff attorney, Nashville It just had to feel “right.” So says Judge Deana Seymour about her process when finalizing an order after an evidentiary hearing. After applying the facts to the law and before signing it, she always did a gut check. That doesn’t mean she always got it right; but often, … Continue reading We’ll Miss You, Judge Seymour
Board Affirms Open Medicals Ruling
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s decision to order an employer to authorize a visit to the designated doctor under an open medical benefits provision of a compensation order. The self-represented employee prevailed—but the opinion offers valuable guidance for what an employer can … Continue reading Board Affirms Open Medicals Ruling
Appeals Board Stresses Panel Requirement
By Jane Salem, staff attorney, Nashville Employers/carriers: as a general rule, when an employee reports a work injury, you must offer a panel of three physicians within three business days. This requirement isn’t new; yet it still isn’t followed universally. An Appeals Board opinion released last week shows that when a panel isn’t given, the … Continue reading Appeals Board Stresses Panel Requirement
Musings on Mentoring
By Jane Salem, staff attorney, Nashville It's May. I get sentimental this time of year at graduations. Some people cry at weddings, but I prefer graduations. I'm just very inspired by young people walking across a stage and celebrating hard work and success. Especially now, when schooling became a whole lot more complicated by a … Continue reading Musings on Mentoring
Board Considers Noncompliance, Letters to Experts
By Jane Salem, staff attorney, Nashville The Appeals Board released an opinion yesterday, reiterating the fairly well-settled parameters of medical noncompliance in the Workers’ Compensation Law. The decision also held that trial judges have an obligation to scrutinize letters seeking expert opinions for their accuracy regarding the facts and law. In Marie Bailey v. Amazon, … Continue reading Board Considers Noncompliance, Letters to Experts
Appeals Board Clarifies Notice and Prejudice
By Jane Salem, staff attorney, Nashville An Appeals Board opinion released on Monday offers guidance on notice and in particular what constitutes prejudice to an employer, among other notable rulings. In Hannah v. Senior Citizens Home Assistance Services, Inc., Donna Hannah, a home healthcare provider, alleged she injured her neck when moving a client. At … Continue reading Appeals Board Clarifies Notice and Prejudice
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board ruled earlier this week that the Reform Act of 2013 didn’t affect the longstanding “direct and natural consequences rule” for causation. The Board additionally held that the trial court correctly admitted a vocational expert’s testimony into evidence, despite the fact that he destroyed … Continue reading Direct and Natural Consequences Rule Remains Intact
Year in Review: Appeals Board, part 2
By Jane Salem, staff attorney, Nashville Welcome back to the last of a three-part series on 2021’s appellate decisions. As the title implies, this article covers the remainder of the Board opinions from last year on many different issues. You are reading the cases in their entirety, right? Thanks. Summary judgment This is a fine … Continue reading Year in Review: Appeals Board, part 2
Year in Review: Appeals Board, part one
By Jane Salem, staff attorney, Nashville Welcome back to a review of 2021’s appellate opinions. In this article, we’ll recap the Appeals Board opinions involving course and scope, medical causation and reasonable necessity, including utilization review, and an opinion about the Medical Impairment Rating Registry. But first… please read the opinions! Because I’ll mention just … Continue reading Year in Review: Appeals Board, part one
Year in Review: Supreme Court Panel Opinions
By Jane Salem, staff attorney, Nashville As in previous years, I like to kick off January with a look back at last year’s appellate opinions. This post will summarize 2021 opinions from the Tennessee Supreme Court Special Workers’ Compensation Panel. In later posts, we’ll revisit the Appeals Board’s work from last year. Don’t forget to … Continue reading Year in Review: Supreme Court Panel Opinions
From the Bench 