The Tennessee Workers’ Compensation Appeals Board will hear in-person oral arguments in four cases on Thursday, February 12, in Knoxville at 9:00 a.m. Eastern Time. First, Gandy v. Marten Transport, Ltd. presents causation/medical causation issues of an employee’s “scratch” that rapidly escalated into a serious infection requiring an arm amputation and multiple surgeries. Marten Transport … Continue reading Board Announces Oral Arguments Next Month
Tag: Appeals Board
Twelve “Must-Read” Appeals Board Opinions from 2025
By Jane Salem, staff attorney Happy New Year! Once again, I’m starting it out with a look back at last year’s most compelling appellate workers’ compensation opinions, month by month. Some months yielded more than one really juicy opinion. It was hard to decide which one to highlight. These are “must-reads,” as the title tells … Continue reading Twelve “Must-Read” Appeals Board Opinions from 2025
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
Oral arguments in heart attack case set during conference
The Appeals Board announced last week that it will hear in-person oral arguments in Taylor v. Dale’s Recycling on Friday, June 13, at the Bureau’s Educational Conference in Murfreesboro. In the case, Darrell Taylor was pulling a trailer of scrap metal for Dale’s on a highway on a hot summer day, when a local sheriff’s … Continue reading Oral arguments in heart attack case set during conference
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
‘Respondent’ who is not an Employer May Not Owe Filing Fee
By Jane Salem, staff attorney, Nashville A respondent in a workers’ compensation claim may not be taxed with the filing fee at the conclusion of the case unless that respondent has admitted, stipulated, or acknowledged being the “employer,” or is adjudged by the court as the employer. So held the Appeals Board last week in … Continue reading ‘Respondent’ who is not an Employer May Not Owe Filing Fee
Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
By Jane Salem, staff attorney, Nashville The Appeals Board held last week that an employer must offer a new panel of physicians to an employee under a grant of future open medical benefits, after the authorized treating physician discharged the employee from his care. The Board wasn’t persuaded that the employee’s alleged misconduct amounted to … Continue reading Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
Winter Oral Arguments Announced
The Appeals Board has released its latest oral argument docket, where cases will be heard both live and virtually. On January 21, 2025, the Board will head to Jackson, Tennessee to hear four appeals. The cases present a wide variety of fascinating legal issues. First, the judges will consider the sufficiency of an employee’s notice … Continue reading Winter Oral Arguments Announced
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
Board Issues Another Instructive Summary Judgment Opinion
By Jane Salem, staff attorney, Nashville Just in time for our upcoming continuing legal education session about summary judgment, the Appeals Board has released an opinion again emphasizing the importance of following the rules—specifically, Rule 56.03 about the statement of undisputed material facts. The opinion, Craig Cable v. Conagra Foods Packaged Foods Company, Inc., also … Continue reading Board Issues Another Instructive Summary Judgment Opinion
Weighty Perm Total Opinion in the Works
By Traci Haynes, staff attorney, Gray One of the most commonly asked questions at mediation is, “If I accept the initial payment of permanent partial disability, will it prevent me from requesting permanent total after the initial compensation period?” For years it has gone unanswered. The Appeals Board heard arguments on this issue of first … Continue reading Weighty Perm Total Opinion in the Works
The Essential Functions of a Job Drive a Return-to-Work Offer
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
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
Fall oral arguments set
Last week, the Appeals Board announced it will hold arguments in three cases on October 1 in Knoxville. First up will be Gary Dingus v. Grand Piano and Furniture Co., where the trial court denied a defense of willful failure to wear a safety device and awarded benefits after a compensation hearing. The employee, a … Continue reading Fall oral arguments set
Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
By Kaitlynn Lehman, 2L, Court intern, Belmont College of Law, Nashville Writing to you “From the Bench,” my name is Kaitlynn Lehman, and I’ve just finished my first year of law school at Belmont University. The Tennessee Bureau of Workers’ Compensation has taken me under its wing as an intern to show me the ins … Continue reading Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
Court may Order Benefits Even When a Declaratory Action is Pending
By Jane Salem, staff attorney, Nashville Parties to a workers’ compensation lawsuit don’t have to wait for a judgment from a collateral court before the workers’ compensation judge can order a party to furnish benefits. This ruling came from the Appeals Board earlier this month, and it was the latest in a series of decisions … Continue reading Court may Order Benefits Even When a Declaratory Action is Pending
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
What’s on the Board’s Mind? Jurisdiction
By Jane Salem, staff attorney, Nashville What’s on your mind right now? The heat, the upcoming elections, the economy? Or maybe you’re thinking about lighter topics, like an upcoming vacation, the fall football season, or even “Barbenheimer.” As for the Tennessee Workers’ Compensation Appeals Board, well, they’re pretty into the subject of subject matter jurisdiction … Continue reading What’s on the Board’s Mind? Jurisdiction
Board Offers Framework for Notice Cases
By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board issued an important opinion explaining how parties, practitioners and judges should approach the notice defense in the future. It is essential reading. The 18-page opinion, Ernstes v. Printpack, also traced the history of the notice requirement in the workers’ compensation law, as well … Continue reading Board Offers Framework for Notice Cases
Policy Update from the Appeals Board
By Elizabeth Vines, staff attorney, Cookeville, Tennessee Workers’ Compensation Appeals Board It is not uncommon for the Appeals Board to be faced with an appeal in which a self-represented litigant’s primary language is not English. This can create difficulties for the litigant to communicate his or her position to the Appeals Board and for the … Continue reading Policy Update from the Appeals Board
From the Bench 