By Taylor Skees, staff attorney, Memphis After a protracted, multi-appeal journey, the Supreme Court of Tennessee last week delivered the final word on Edwards v. Peoplease and gave critical guidance on appellate standards of review and the analysis of aggravation injuries. The opinion is a must-read for any workers’ compensation practitioner and judge. Facts and … Continue reading Edwards v. Peoplease: Did an Aggravation Cause the Need for Surgery?
Category: Attorney Taylor Skees
Board Rules on Rebuttal Evidence, Panels
By Taylor Skees, staff attorney, Memphis Bureau rules require the disclosure of evidence before trial except for “rebuttal” evidence. But what exactly is “rebuttal” evidence? And can an employee waive a panel? The Appeals Board answered these questions recently in Allen v. MJ Resurrection. Facts Allen fell at work. He then signed a waiver declining … Continue reading Board Rules on Rebuttal Evidence, Panels
Board Releases Willful Misconduct Opinion
By Taylor Skees, staff attorney, Memphis After oral arguments, the Appeals Board has issued its opinion in Dingus v. Grand Piano. The crux of the case was whether Gary Dingus’ actions amounted to a willful violation of Grand Piano’s safety rule to remain tethered to his harness while working on a forklift, causing his fall … Continue reading Board Releases Willful Misconduct Opinion
Just the Facts: How “Willful” the Conduct
By Taylor Skees, staff attorney, Memphis The Appeals Board heard oral arguments on Oct. 1 in Dingus v. Grand Piano and Furniture Company to determine if Gary Dingus willfully failed to wear a safety device, which would bar his claim for benefits. The parties agree that Dingus fell from a forklift and fractured his spine … Continue reading Just the Facts: How “Willful” the Conduct
Board Affirms in Chemical Exposure Case
By Taylor Skees, staff attorney, Memphis Last week, I wrote about oral arguments earlier this month involving competing expert opinions in a complicated chemical exposure claim. The Appeals Board has since affirmed. In Randall v. Food Lion, Wilma Randall asserted that the trial court erred in denying her request for medical benefits. The trial court … Continue reading Board Affirms in Chemical Exposure Case
Did COVID or Chemicals Cause Injuries?
By Taylor Skees, staff attorney, Memphis Last week, the Appeals Board held oral arguments on Randall v. Food Lion, where the trial court weighed expert opinions. Wilma Randall’s unauthorized treating physician tied her condition to chemical exposure at work, while a physician who reviewed Randall’s records attributed her condition to an infectious disease such as … Continue reading Did COVID or Chemicals Cause Injuries?
Motion Practice: Avoid the Pitfalls
By Taylor Skees, staff attorney, Memphis Has your motion been denied on procedural grounds? Would you like to avoid that in the future? Then this blog is for you! This article will outline common procedural pitfalls with motions in the Court of Workers’ Compensation Claims, looking mostly at the rules, but also statutes and case … Continue reading Motion Practice: Avoid the Pitfalls
From the Bench 