By Jane Salem, staff attorney, Nashville Post-judgment, when an authorized doctor recommends surgery and the employee wants a second opinion, the second opinion is “treatment” that an employer must provide. If they don’t, they’ll be ordered to pay the employee’s attorney fees in securing an order to that effect. So held the Appeals Board recently … Continue reading Board Orders Second Opinion, Fees in Post-Judgment Case
Tag: appeals
Board Hears Arguments about Second Opinions, Fees
By Jane Salem, staff attorney, Nashville It’s not about the money. Or is it? Last Thursday, the Appeals Board held virtual oral arguments where the dollars and cents of the issues came up more than once. Specifically, the Board probed an employee’s right to a second opinion after an authorized doctor recommends surgery. Does the … Continue reading Board Hears Arguments about Second Opinions, Fees
Board Issues Instructive Discovery Opinions
By Jane Salem, staff attorney, Nashville The Appeals Board recently affirmed two trial court decisions to limit what’s discoverable regarding family and financial information in a workers’ compensation lawsuit. The opinions restate longstanding principles: judges have discretion in making calls about discovery, and it’s a fact-intensive inquiry. So it’s hard to give absolutes. But the … Continue reading Board Issues Instructive Discovery Opinions
Panel (Again) Upholds Constitutionality in Facial Challenge
By Jane Salem, staff attorney, Nashville The Reform Act of 2013 has survived another constitutional challenge, per opinions released earlier this month from the Tennessee Supreme Court. In the Panel opinion, Brad Wigdor injured his knee when he slipped and fell on oil while working. Electric Research and Manufacturing Cooperative accepted the claim, and he … Continue reading Panel (Again) Upholds Constitutionality in Facial Challenge
Appeals Board to Hear Arguments on February 7
The Appeals Board will hear four sets of arguments on February 7, 2024. First up will be video-conference arguments in Thomas v. Duracell-Cleveland. The trial judge granted the employee’s request to involuntarily dismiss her case without prejudice over the employer’s objections. The employer appealed, arguing that both parties had filed petitions for benefit determination, and … Continue reading Appeals Board to Hear Arguments on February 7
Appeals Board Rules: Revisions!
By Elizabeth K. Vines, Workers’ Compensation Appeals Board staff attorney, Cookeville When speaking on behalf of the Appeals Board to any audience, I always stress the importance of reading our rules. They’re our “how-to” manual and can help practitioners and self-represented litigants alike avoid losing an appeal on technical grounds. It’s safe to say that … Continue reading Appeals Board Rules: Revisions!
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 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
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
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
Appeals Board to Hold Oral Arguments Later This Month
The Appeals Board will take up issues of when an occupational disease claim is ripe and the extent of attorney-client privilege at its next set of oral arguments. The arguments, to be conducted by videoconference, will take place on September 28. They will kick off at 9:00 a.m. Central Time with Cody v. G.UB.MK Constructors. … Continue reading Appeals Board to Hold Oral Arguments Later This Month
Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
By Jane Salem, staff attorney, Nashville On Friday, the Appeals Board released an opinion affirming a trial Court decision that a proposed treatment is reasonable and necessary when the treating physicians, who examined the injured worker, recommended it. The employer’s reliance on a utilization review opinion saying the employee was a “suboptimal candidate” for the … Continue reading Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
Appeals Board to Hear Five Cases
The Tennessee Workers’ Compensation Appeals Board will hear oral argument in five cases a week from today, on June 24, via videoconference. First up at 9:00 a.m. Central Time will be Stephens v. Quality Private Care, dba Volunteer Staffing, Inc. The case raises several issues about the role of the Treatment Guidelines in determining medical … Continue reading Appeals Board to Hear Five Cases
Panel Adopts Appeals Board’s Opinion in TTD case
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Supreme Court issued an order declining to review a case where a Special Workers’ Compensation Appeals Panel had adopted an Appeals Board opinion in whole. The high court’s per curiam order means the Panel decision is final in Boutros v. Amazon.com DEDC, LLC. In the … Continue reading Panel Adopts Appeals Board’s Opinion in TTD case
Who’s Who: Court Clerk Edition
By Olivia Yearwood, Clerk of Court, Tennessee Workers’ Compensation Appeals Board, Nashville If you’re navigating the court process through the Bureau of Workers’ Compensation, you're most likely interacting with Penny Shrum, clerk for the Court of Workers’ Compensation Claims, or me, Olivia Yearwood, clerk for the Workers’ Compensation Appeals Board. The rules governing the Court … Continue reading Who’s Who: Court Clerk Edition
Appeals Board Releases Two Opinions from October Oral Arguments
By Jane Salem, staff attorney, Nashville Earlier this week, the Tennessee Workers’ Compensation Appeals Board affirmed a pair of trial court rulings about an employer’s right to a medical examination and the exclusion of expert testimony when an attorney didn’t comply with a scheduling deadline. The Board held oral argument in both cases last month. … Continue reading Appeals Board Releases Two Opinions from October Oral Arguments
Board holds oral arguments in three cases
By Jane Salem, staff attorney, Nashville The Appeals Board held oral arguments yesterday by videoconference on the topics of an employee’s proper impairment rating, an employer’s right to a medical examination, and whether a court properly ruled that a party should be prohibited from introducing expert testimony at trial. First up was Hart v. ThyssenKrupp … Continue reading Board holds oral arguments in three cases
What’s New at the Appeals Board?
We’re glad you asked! First, on Monday, new rules became effective that govern the appeals process for both interlocutory appeals and compensation order appeals. They are available here. The rules didn't revise any deadlines or make other significant substantive changes, but they now incorporate the Board’s former Practices and Procedures into the administrative rules. Second, … Continue reading What’s New at the Appeals Board?
Board Reverses Causation Decision in Complex Occupational Disease Case
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board reversed a trial court determination finding medical causation in a case where the employee alleged liver, kidney and cardiac conditions as occupational diseases. According to the Board, the lower court should’ve accepted the employer’s experts’ opinions because they were better qualified and didn’t rely … Continue reading Board Reverses Causation Decision in Complex Occupational Disease Case
From the Bench 