Presumptions in Tennessee Workers’ Compensation

By Judge Brian Addington, Gray History buffs like me will remember the words of H.M. Stanley: “Dr. Livingstone, I presume.” And, anyone who watches movies or television can likely complete this sentence: A criminal defendant is “presumed ______ until _______.” Or if someone disappears, how many years until they’re presumed dead? We have many presumptions … Continue reading Presumptions in Tennessee Workers’ Compensation

Board Determines the Court’s Discretion with Requests for Admissions

By Janaye Godfrey, Court Intern, Nashville Belmont University College of Law ‘24 The Appeals Board released an opinion last week determining the scope of a trial court’s discretion when applying Rule 36 of the Tennessee Rules of Civil Procedure, which governs requests for admissions. In Holt v. Quality Floor Coverings, LLC, the employee alleged an … Continue reading Board Determines the Court’s Discretion with Requests for Admissions

Board Considers Noncompliance, Letters to Experts

By Jane Salem, staff attorney, Nashville The Appeals Board released an opinion yesterday, reiterating the fairly well-settled parameters of medical noncompliance in the Workers’ Compensation Law. The decision also held that trial judges have an obligation to scrutinize letters seeking expert opinions for their accuracy regarding the facts and law.  In Marie Bailey v. Amazon, … Continue reading Board Considers Noncompliance, Letters to Experts

Board Reverses in Love versus Love Management

By Sarah Byrne, staff attorney, Nashville Recently, the Appeals Board issued its opinion in Love v. Love Management, Inc., reversing the trial court for applying incorrect legal standards when it denied the insurer a continuance and granted partial summary judgment to Mrs. Love. Because it bears repeating, Presiding Judge Timothy Conner wrote a concurring opinion … Continue reading Board Reverses in Love versus Love Management

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

Year in Review: Appeals Board, part one

By Jane Salem, staff attorney, Nashville Welcome back to a review of 2021’s appellate opinions. In this article, we’ll recap the Appeals Board opinions involving course and scope, medical causation and reasonable necessity, including utilization review, and an opinion about the Medical Impairment Rating Registry. But first… please read the opinions! Because I’ll mention just … Continue reading Year in Review: Appeals Board, part one

Deadlines matter

By Judge Lisa Lowe, Knoxville If you’re in need of a New Year’s resolution, here’s a great one to work on: managing your time in 2022. Of course we see many lawyers who are already very proficient in this realm. These are the ones who call on day 59 after a dispute certification notice has … Continue reading Deadlines matter

Medical case manager’s notes are discoverable

By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board affirmed a trial court order that a nurse case manager’s notes be provided to an injured worker, rejecting the employer’s arguments that the notes are protected by the common interest doctrine, attorney-client privilege, or the work product doctrine. The opinion also clarified the … Continue reading Medical case manager’s notes are discoverable

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 Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)

By Jane Salem, staff attorney, Nashville On Friday, the Appeals Board released an opinion affirming a trial Court decision that a proposed treatment is reasonable and necessary when the treating physicians, who examined the injured worker, recommended it. The employer’s reliance on a utilization review opinion saying the employee was a “suboptimal candidate” for the … Continue reading Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)