By Sarah Byrne, staff attorney, Nashville On Monday, the Appeals Board reversed the trial court in Bibiane Francoeur v. Amerimed Medical Solutions, LLC. The employer appealed an expedited award of temporary disability for Ms. Francoeur, whose no-driving restriction prevented her from getting to work—where Amerimed could’ve accommodated her work restrictions. The decision “hinge[d] on whether … Continue reading The Essential Functions of a Job Drive a Return-to-Work Offer
Category: Attorney Sarah Byrne
Time-Saving Tips (Inspired by a Jazz Icon)
By Jane Salem, staff attorney, Nashville “Time isn’t the main thing, it’s the only thing.” – Miles Davis I wonder what caused Miles Dewey Davis, III to utter those wise words. After all, he was a trumpeter, composer, and bandleader, not a lawyer who bills for his time. You’d think a creative type like him … Continue reading Time-Saving Tips (Inspired by a Jazz Icon)
Opinion Instructs on Fees for a Wrongful Denial
By Sarah Byrne, staff attorney, Nashville This past summer, the Appeals Board affirmed a denial of attorney’s fees on an alleged wrongful denial. It’s a cautionary tale about what can perish between expedited and compensation hearings, as “the lack of the expedited hearing transcript in the record on appeal prove[d] fatal.” In Ruggieri v. Amazon.com, … Continue reading Opinion Instructs on Fees for a Wrongful Denial
Board Clarifies “Disputed Issues’ and Affirms Extraordinary Relief
By Sarah Byrne, staff attorney, Nashville The Appeals Board recently released its opinion in Satterfield v. Smoky Mountain Home Health & Hospice, affirming an award of extraordinary relief and deciding Kimberly Satterfield didn’t waive additional permanent disability benefits by leaving a box unchecked on the first of two dispute certification notices filed in her claim. … Continue reading Board Clarifies “Disputed Issues’ and Affirms Extraordinary Relief
Reading a Box in a Vacuum
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
Board Probes Causation Presumption, Standard of Review
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard oral arguments recently in Johnson v. Inspire Brands, d/b/a Blazin Wings, Inc, an interlocutory appeal of an expedited hearing order where the trial court, after weighing competing expert medical opinions, granted back surgery. Oral arguments focused on two issues: whether a former authorized treating physician … Continue reading Board Probes Causation Presumption, Standard of Review
Board Reverses in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville Recently, the Appeals Board issued its opinion in Love v. Love Management, Inc., reversing the trial court for applying incorrect legal standards when it denied the insurer a continuance and granted partial summary judgment to Mrs. Love. Because it bears repeating, Presiding Judge Timothy Conner wrote a concurring opinion … Continue reading Board Reverses in Love versus Love Management
Appeals Board hears argument in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard arguments recently in Love v. Love Management, Inc. to decide whether the trial court erred when it denied the insurer a continuance and granted partial summary judgment to Emilie Love, finding as a matter of law that she was an employee and working in the … Continue reading Appeals Board hears argument in Love versus Love Management
Seasons Change, and So Do We
Sarah Byrne By Sarah Byrne, Staff Attorney, and Penny Shrum, Clerk of Court, Nashville A time to plant, a time to reap Any denizen of Tennessee knows our weather is almost as mercurial and unpredictable as 1960s America. It’s hard to tell what season it is: summer one day, and winter the next. Typically, Tennessee … Continue reading Seasons Change, and So Do We
Oral arguments revisit willful misconduct under Mitchell
By Sarah Byrne, staff attorney, Nashville The Tennessee Supreme Court Special Workers’ Compensation Panel, Middle Section, heard arguments on March 25 in Corey Bunton v. Sanderson Pipe Corp., a willful misconduct case appealed from the Court of Workers’ Compensation Claims. From the employee-appellant’s perspective, the Bunton facts illustrate what the Mitchell dissent predicted: the four-factor … Continue reading Oral arguments revisit willful misconduct under Mitchell
High court considers ‘meaningful return to work’
By Sarah Byrne, Staff Attorney, Nashville The Tennessee Supreme Court held oral arguments Oct. 4 in Christopher Batey v. Deliver This, Inc. Issues included the admissibility of the Physician Certification Form for “extraordinary relief” under the escape clause in Tenn. Code Ann. section 50-6-242(a)(2) and the definition of “extraordinary.” But the primary issue was whether … Continue reading High court considers ‘meaningful return to work’
Where to file your Supreme Court Notice of Appeal
By Sarah Byrne, Staff Attorney, Nashville When studying for the bar exam, I dreamed I was living in a glass house. All eyes were on me. Clearly, my mind was coping with fear of others’ judgments, since everyone whose opinion mattered knew I was sitting for the exam. Speaking of judgments, here is an important … Continue reading Where to file your Supreme Court Notice of Appeal
Re-defining the UR Rules
By Sarah G. Byrne Shortly before Christmas, my brother posted a picture of my nephew on Facebook. He was sporting a tee-shirt challenging Santa to define the word “good.” My first thought: He’ll be a lawyer. After all, lawyers are wordsmiths who agonize over every word in order to re-define the rules. Speaking of, the … Continue reading Re-defining the UR Rules
From the Bench 