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

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’