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
Tag: Appeals Board
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
Virtual Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments by videoconference in two cases on June 26. An “alleged insurer” is asking the Board to decide if a trial court has jurisdiction to decide a coverage dispute in Glenn v. Jameson Industries, LLC. Then, in Bragg v. Premium Services, LLC, the issue is whether … Continue reading Virtual Oral Arguments Announced
Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold in-person oral arguments in two cases on June 8. First, the Board will consider the definition of “reasonable and necessary” medical bills, and if the trial court erred by excluding bills at a compensation hearing, in Lentz v. Coca-Cola Consolidated. (Read this order, too.) Second, in Semich … Continue reading Oral Arguments Announced
Appeals Board Sets Arguments During Conference
The Workers’ Compensation Appeals Board will hear arguments during the Bureau’s upcoming educational conference. The case, Martinez v. ACG Roofing, Inc., involves an insurance coverage dispute and multiple alleged employers. The trial judge denied a motion for summary judgment brought by one of the carriers, Assigned Technology Risk, finding questions of material fact. Assigned Technology … Continue reading Appeals Board Sets Arguments During Conference
Appeals Board Opinions, 2022: Part One
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board had another busy year in 2022. This article will recap cases (which you really need to read!) on all things medical: causation, reasonably necessary treatment, noncompliance, etc. We’ll also look at a couple cases about other categories of benefits. Medical causation As practitioners … Continue reading Appeals Board Opinions, 2022: Part One
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board ruled earlier this week that the Reform Act of 2013 didn’t affect the longstanding “direct and natural consequences rule” for causation. The Board additionally held that the trial court correctly admitted a vocational expert’s testimony into evidence, despite the fact that he destroyed … Continue reading Direct and Natural Consequences Rule Remains Intact
Appeals Board hears argument in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard arguments recently in Love v. Love Management, Inc. to decide whether the trial court erred when it denied the insurer a continuance and granted partial summary judgment to Emilie Love, finding as a matter of law that she was an employee and working in the … Continue reading Appeals Board hears argument in Love versus Love Management
Governor’s Office Seeks Applicants for Appeals Board Judgeship
Gov. Bill Lee's Office announced yesterday that they are accepting applications to fill the judgeship currently held by the Honorable David Hensley, who will retire at the end of March. Applicants must be licensed Tennessee attorneys in good standing, age 30 or older, and have seven or more years of experience in workers' compensation law. … Continue reading Governor’s Office Seeks Applicants for Appeals Board Judgeship
Judge Hensley Announces Retirement
Judge David F. Hensley has announced his retirement from the Tennessee Workers’ Compensation Appeals Board as of March 31, 2022. After his graduation from the University of Tennessee College of Law in 1979, Judge Hensley began his career in Chattanooga clerking for Judge Herschel P. Franks of the Tennessee Court of Appeals. He then spent … Continue reading Judge Hensley Announces Retirement
Board Sets Oral Arguments in January
The Appeals Board will hear oral argument by videoconference in four cases on January 25, 2022. Two of the cases involve compensation orders awarding permanent total disability, while the others are a summary judgment and an expedited hearing order. In Braden v. Tomahawk Industries, Inc., the trial court found an injury compensable applying the direct … Continue reading Board Sets Oral Arguments in January
Board offers Guidance on Credibility
By Jane Salem, staff attorney, Nashville On Monday, the Appeals Board affirmed a trial court opinion finding an employee credible and awarding benefits, despite inconsistencies in his accounts of how he became injured. The Board similarly rejected the contention that the employee gave an unreliable version of the work incident to a treating physician, so … Continue reading Board offers Guidance on Credibility
Attorneys Clash over Nurse Case Managers, occupational injuries
By Jane Salem staff, attorney, Nashville Is a nurse case manager the employer’s “eyes and ears,” so that discussions between the nurse case manager and the employer’s attorney are privileged? Is summary judgment appropriate in an occupational disease claim when the injured worker hasn’t missed work and has no restrictions? The Appeals Board will answer … Continue reading Attorneys Clash over Nurse Case Managers, occupational injuries
Board Offers Guidance on Panels
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
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
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
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
From the Bench 