By Judge Marshall L. Davidson, Nashville Speak with Judge David F. Hensley for long, and he might just tell you that he is “from the coal fields of Kentucky and had a public education.” Do not be fooled. You also might notice his distinctive southern drawl. Do not be fooled by that, either. Judge … Continue reading Congratulations, Judge David Hensley!
Tag: appeals
Appeals Board Considers causation in ‘single step’ and heart attack cases
By Jane Salem, staff attorney, Nashville When an employee exited a building, missed the single step to the ground and fell, is her resulting injury compensable under the Tennessee Workers’ Compensation Law? The Tennessee Workers’ Compensation Appeals Board examined that question at its most recent oral arguments. Paul Nicks, the Germantown attorney representing the employer, … Continue reading Appeals Board Considers causation in ‘single step’ and heart attack cases
Appeals Board Sets Knoxville Oral Arguments, Revises Rules
The Tennessee Workers’ Compensation Appeals Board recently set four cases for oral argument in Knoxville on April 26. Starting at 9:00 a.m. Eastern Time, the Board will take up Yeaman v. Kindred Health Care, where the Court denied a motion to dismiss for failure to prosecute. Afterward, counsel will argue whether the Court properly held … Continue reading Appeals Board Sets Knoxville Oral Arguments, Revises Rules
Nobody’s Perfect
In case you've been too busy to keep up with the Appeals Board's decisions of late, we thought this practice tip might be helpful. Several recent appellate opinions have contained a version of the following language: Section 50-6-217(a)(3) authorized us to reverse or modify a trial court’s decision if the rights of a party were … Continue reading Nobody’s Perfect
Looking Back, Part Two
By Jane Salem, Staff Attorney, Nashville Welcome back to the recap of the Appeals Board’s activities for the second half of 2017. Don’t forget that waiver you mentally signed last week. The Reform Act ushered in greater formality and (we hope) fairness into Tennessee workers’ compensation practice via the imposition of, or greater adherence to, … Continue reading Looking Back, Part Two
Looking Back at the 2017 Appeals Board Opinions, Part One
By Jane Salem, Staff Attorney, Nashville I recently promised an article about the Appeals Board’s activities from the second half of 2017. Here it is, in two parts. But first, please read and mentally sign the waiver below. Thanks. Now, before I delve into the cases, 2017 was memorable for the Appeals Board for reasons … Continue reading Looking Back at the 2017 Appeals Board Opinions, Part One
Appeals Board Hears Arguments on Attorneys’ Fees Statutory Provisions
By Jane Salem, Staff Attorney, Nashville The Tennessee Workers’ Compensation Appeals Board took up a topic of interest to most practitioners – fees – in a pair of cases at its most recent docket of oral arguments. The judges dived deeply into two separate provisions of the Workers’ Compensation Law authorizing fees to employees’ attorneys … Continue reading Appeals Board Hears Arguments on Attorneys’ Fees Statutory Provisions
An Overview of 2017 Panel Opinions
By Jane Salem, Staff Attorney, Nashville January is traditionally a time to look back at the past year. In Tennessee workers’ compensation jurisprudence, 2017 marked the first time that Supreme Court Special Workers’ Compensation Panels reviewed opinions from the Appeals Board or the Court of Workers’ Compensation Claims. All told, the Panels released five cases reviewing … Continue reading An Overview of 2017 Panel Opinions
Where to file your Supreme Court Notice of Appeal
By Sarah Byrne, Staff Attorney, Nashville When studying for the bar exam, I dreamed I was living in a glass house. All eyes were on me. Clearly, my mind was coping with fear of others’ judgments, since everyone whose opinion mattered knew I was sitting for the exam. Speaking of judgments, here is an important … Continue reading Where to file your Supreme Court Notice of Appeal
Appeals Board Announces Oral Arguments
The Tennessee Workers' Compensation Appeals Board will hear oral arguments on May 4, 2017, at the Supreme Court Building in Nashville. First up on the docket is Bass v. The Home Depot. In the case, Clarence Bass alleged suffering hand and wrist injuries while moving a shopping cart. The central dispute at the compensation hearing … Continue reading Appeals Board Announces Oral Arguments
Appeals Board: ‘Mud run’ injury isn’t work-related
Yesterday, the Tennessee Workers’ Compensation Appeals Board reversed a trial judge’s determination that an employee’s injury, sustained during participation in a charity “mud run” alongside co-workers, was compensable. The Board held the employee wasn’t “impliedly required” to race, nor was it part of his work duties. In Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of … Continue reading Appeals Board: ‘Mud run’ injury isn’t work-related
Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
At the most recent oral arguments before the Tennessee Workers’ Compensation Appeals Board, matters typically handled on the tail end of the litigation moved front and center. The Board considered the finality of judgments, among other issues, in a pair of cases on Nov. 3 in Nashville. In Garassino v. Western Express, the Board examined the … Continue reading Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
Appeals Board Schedules Oral Arguments
The Tennessee Workers' Compensation Appeals Board recently announced it will convene oral arguments in two cases next month. On Thursday, Nov. 3, at 10:00 a.m., the Appeals Board will hear arguments in Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of Cleveland. Mr. Pope suffered injuries when participating in a charitable “mud run” sponsored by Nebco. At … Continue reading Appeals Board Schedules Oral Arguments
Appeals Board Issues Opinion Disfavoring Bifurcation
The Tennessee Workers’ Compensation Appeals Board sent a rather forceful message regarding the bifurcation of compensation hearings yesterday in Cotton v. HUMACare, Inc., et al. In a word, don’t. The case involved Karen Cotton’s entitlement to survivor benefits after her husband fell to his death from atop a cell tower on the job for Central … Continue reading Appeals Board Issues Opinion Disfavoring Bifurcation
Appeals Board Affirms in Lightfoot
The Tennessee Workers' Compensation Appeals Board affirmed the order of the Hon. Audrey Headrick, Chattanooga, on Monday in Lightfoot v. Xerox Business Services. In a 2-1 opinion, Presiding Judge Marshall Davidson found Judge Headrick did not abuse her discretion in dismissing the case with prejudice for failure to prosecute. The case sat on Judge Headrick's docket … Continue reading Appeals Board Affirms in Lightfoot
From the Bench 