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
Tag: case law
Edwards v. Peoplease: Did an Aggravation Cause the Need for Surgery?
By Taylor Skees, staff attorney, Memphis After a protracted, multi-appeal journey, the Supreme Court of Tennessee last week delivered the final word on Edwards v. Peoplease and gave critical guidance on appellate standards of review and the analysis of aggravation injuries. The opinion is a must-read for any workers’ compensation practitioner and judge. Facts and … Continue reading Edwards v. Peoplease: Did an Aggravation Cause the Need for Surgery?
Board Orders Second Opinion, Fees in Post-Judgment Case
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
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
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
It’s Your Duty: Candor Toward the Court
By Judge Audrey Headrick, Chattannooga Is withholding information from a judge ever appropriate, or is it misleading? Merriam-Webster defines “candor” as “unreserved, honest, or sincere expression: forthrightness.” For lawyers, Rule 3.3 of the Tennessee Rules of Professional Conduct requires candor toward the court. Subsections (a)-(d) are the most relevant to the Court of Workers’ Compensation Claims: … Continue reading It’s Your Duty: Candor Toward the Court
I’m a broken record
By Jane Salem, staff attorney, Nashville I love to listen to ‘70s music. I never get tired of some songs. “Lovely Day” by Bill Withers. “Your Song” by Elton John. “Beautiful” By Carole King. I grew up with this music. I’m a broken record in some ways. Remember 45s and cassettes, and the Columbia Music … Continue reading I’m a broken record
When an agreement isn’t a dispute
By Sarah Byrne, staff attorney, Nashville Recently, in Torres v. Allvan Corp., the Appeals Board affirmed a trial court’s decision not to approve a disputed settlement in an accepted claim, since the parties didn’t present sufficient information to convince the judge of a dispute as to “the amount of compensation due” or that the settlement … Continue reading When an agreement isn’t a dispute
When Simply Caring Isn’t Enough
By Judge Brian Addington, Gray In 1993, a Croatian janitor found an injured white stork. The stork couldn’t fly, so the janitor decided he needed to take care of it. He allowed the bird inside his house and made a place for it to roost, but upon further evaluation decided it best for the bird … Continue reading When Simply Caring Isn’t Enough
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
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
Full Supreme Court to decide Significant Aggravation Case
In July, the Tennessee Workers’ Compensation Appeals Board split 2-1 in Edwards v. Peoplease on the medical causation issue. The case involved an assertion of aggravation of a preexisting condition. The majority concluded Edwards did not prove the injury and need for knee replacements arose primarily from work. Rather, according to the majority, the employee’s preexisting arthritis … Continue reading Full Supreme Court to decide Significant Aggravation Case
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
Registration is Open for Free CLE Series for Attorneys
The Tennessee Bureau of Workers’ Compensation is offering up to four hours of continuing legal education credits this fall. This is in response to the lower than anticipated number of credits awarded for our annual educational conference this year. The judges of the Court of Workers’ Compensation Claims have created and will host four individual, … Continue reading Registration is Open for Free CLE Series for Attorneys
From the Bench 