By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board affirmed a trial court order that an employer must provide a panel of physicians, in a case presenting unusual medical proof as its defense. In Hawes v. McLane Company, Inc., the employee alleged a back injury. When he reported it, he participated in a “triage … Continue reading Board Offers Guidance on Panels
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
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
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
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?
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board ruled on an issue of first impression that the date of injury in mental injury claims for jurisdictional purposes is the date of the identifiable work-related event or events resulting in a sudden or unusual stimulus. The ruling rejected an injured worker’s contention that … Continue reading Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments in four cases on Oct. 15, by phone or “other remote means” yet to be determined. Click here to see the docket. The arguments kick off at 9:00 a.m. Central Time with a case from west Tennessee, Diamond v. Kroger Co. The case required the … Continue reading October oral arguments announced
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board affirmed a trial court ruling from an expedited hearing that an employee’s injuries weren’t work-related, when those injuries were from a tree falling on him as he exited a portable toilet next to his job site. Brett Rosasco was painting a home exterior. He … Continue reading Injuries from fallen tree aren’t compensable
By Jane Salem, staff attorney, Court of Workers' Compensation Claims, Nashville When Judge Marshall L. Davidson, III, reported for his first day as presiding judge of the Tennessee Workers’ Compensation Appeals Board, he entered the building and asked the guards how to find the appellate court clerk’s office. They looked puzzled and told him there … Continue reading Good Bye and Good Luck, Judge Davidson
By Jane Salem, staff attorney, Nashville As every trial attorney knows, getting evidence in front of the judge, or keeping it out, can make the difference between winning and losing. With passage of the Reform Act came adherence to the Tennessee Rules of Evidence in the Court of Workers’ Compensation Claims. This was a significant … Continue reading Your Honor, The Evidence Will Show…
On October 1, the Workers' Compensation Appeals Board will return to the Tennessee Supreme Court in Nashville to hear arguments in the following cases: Tennyson Order Compelling Deposition; Ailshie v. TN Farm Bureau Federation; Clay v. Signature Healthcare; and, Caldwell Order Compelling IME. Arguments begin at 9:00 a.m. Click here for more information.
The Tennessee Workers’ Compensation Appeals Board plans to hit the road again soon for more oral arguments. On Wednesday, Aug. 30, the three-judge Board will travel to Memphis for the first time. First up there is Butler v. AAA Cooper Transportation, where the Board will take another look at idiopathic injuries and the willful misconduct … Continue reading Appeals Board Schedules More Arguments
By Jane Salem, staff attorney, Nashville; photos by Anna Sudberry, Communications Coordinator, Nashville Does the discovery rule as it relates to the one-year statute of limitations remain viable under the Workers’ Compensation Reform Act? Attorneys responded to vigorous questioning on this and other weighty legal issues from three cases at the most recent oral … Continue reading Appeals Board Examines Discovery Rule
By Jane Salem, Staff Attorney, Nashville Welcome back to our review of Appeals Board decisions for the first half of 2017. Now that we've celebrated the Fourth, it's time to start shopping for back to school, right? Last week, we looked at causation. This post will be about everything else. Turning first to some of … Continue reading Appeals Board Opinions Recap, Part Two
By Jane Salem, Staff Attorney, Nashville July 1 marks the third year of the effective date of the Reform Act. Happy birthday to the Court of Workers’ Compensation Claims; the Appeals Board is a month away from its birthday. July also means the year is already half over, which makes it a suitable time to … Continue reading Looking Back at 2017’s Causation Cases — So Far
The Journal of Appellate Practice and Process, a publication of the William H. Bowen School of Law in Little Rock, Ark., recently published Appeals Board Presiding Judge Marshall Davidson's scholarly article entitled Attracting Undue Scrutiny on Appeal: An Appellate Judge's Perspective. The article offers suggestions for trial judges on ways to avoid drawing attention to areas within … Continue reading Presiding Judge Davidson Pens Law Review Article