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
Category: Attorney Jane Salem
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
Revisiting the Appeals Board 2018 Opinions
By Jane Salem, Staff Attorney, Nashville Welcome back to my recap of 2018 Appeals Board cases. In the last post, I highlighted some of the major opinions involving causation. In this edition, I’ll remind of the cases involving medical and disability benefits and defenses. Don’t forget to read the full-text of every case. I’ve given … Continue reading Revisiting the Appeals Board 2018 Opinions
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
Better Get it in Writing: A Few Takeaways
By Jane Salem, Staff Attorney, Nashville Judge Robert Durham’s most recent blog post generated comments from court reporters, which deserve some follow-up. So here goes. [Official Disclaimer and Apology: These are the musings of a staff attorney, rather than official pronouncements of law from the Court. OK? Good. Also, unlike Judge Durham, I’m incapable of … Continue reading Better Get it in Writing: A Few Takeaways
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
Appeals Board Examines Discovery Rule
By Jane Salem, staff attorney, Nashville; photos by Anna Sudberry, Communications Coordinator, Nashville Does the discovery rule as it relates to the one-year statute of limitations remain viable under the Workers’ Compensation Reform Act? Attorneys responded to vigorous questioning on this and other weighty legal issues from three cases at the most recent oral … Continue reading Appeals Board Examines Discovery Rule
Appeals Board Opinions Recap, Part Two
By Jane Salem, Staff Attorney, Nashville Welcome back to our review of Appeals Board decisions for the first half of 2017. Now that we've celebrated the Fourth, it's time to start shopping for back to school, right? Last week, we looked at causation. This post will be about everything else. Turning first to some of … Continue reading Appeals Board Opinions Recap, Part Two
Looking Back at 2017’s Causation Cases — So Far
By Jane Salem, Staff Attorney, Nashville July 1 marks the third year of the effective date of the Reform Act. Happy birthday to the Court of Workers’ Compensation Claims; the Appeals Board is a month away from its birthday. July also means the year is already half over, which makes it a suitable time to … Continue reading Looking Back at 2017’s Causation Cases — So Far
What does [secure email] mean?
By Jane Salem, Staff Attorney, Nashville I’ve been asked to write about the fascinating topic of data security. While no one would ever call me “techy,” I’m nonetheless going to give this the old college try. But first, to make this an even more exciting read, I’m going to throw in some legal ethics. Earlier … Continue reading What does [secure email] mean?
Appeals Board decisions from 2016, part two
By Jane Salem Welcome back to my recap of weighty Appeals Board decisions for the second half of 2016. Last week, I looked at a few compensation hearing appeals and started into the vast majority of the Board’s docket these days: expedited hearing appeals. Because there are so many, I won’t mention them all, but … Continue reading Appeals Board decisions from 2016, part two
A look back at the Appeals Board rulings 2016
By Jane Salem, staff attorney, Nashville A very belated Happy New Year to year, and I hope 2017 is starting off well! I recently realized it has been quite some time since I last wrote about the Appeals Boards’ opinions. So, what follows is a two-part recap of some of the more significant Board rulings for … Continue reading A look back at the Appeals Board rulings 2016
From the Bench 