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
Tag: case law
C-32s: Law, Cases and Practice Pointers
By Jane Salem, staff attorney, Nashville What if there were an easy way to get a physician’s opinion into evidence? Great news! For 35 years now, we’ve had that shortcut: section 50-6-235 and its rule counterpart, 0800-02-01-.09. The statute and rule state that a party may file the form instead of a physician’s deposition. Form … Continue reading C-32s: Law, Cases and Practice Pointers
Board Affirms Open Medicals Ruling
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s decision to order an employer to authorize a visit to the designated doctor under an open medical benefits provision of a compensation order. The self-represented employee prevailed—but the opinion offers valuable guidance for what an employer can … Continue reading Board Affirms Open Medicals Ruling
Appeals Board Stresses Panel Requirement
By Jane Salem, staff attorney, Nashville Employers/carriers: as a general rule, when an employee reports a work injury, you must offer a panel of three physicians within three business days. This requirement isn’t new; yet it still isn’t followed universally. An Appeals Board opinion released last week shows that when a panel isn’t given, the … Continue reading Appeals Board Stresses Panel Requirement
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
Appeals Board Clarifies Notice and Prejudice
By Jane Salem, staff attorney, Nashville An Appeals Board opinion released on Monday offers guidance on notice and in particular what constitutes prejudice to an employer, among other notable rulings. In Hannah v. Senior Citizens Home Assistance Services, Inc., Donna Hannah, a home healthcare provider, alleged she injured her neck when moving a client. At … Continue reading Appeals Board Clarifies Notice and Prejudice
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 2
By Jane Salem, staff attorney, Nashville Welcome back to the last of a three-part series on 2021’s appellate decisions. As the title implies, this article covers the remainder of the Board opinions from last year on many different issues. You are reading the cases in their entirety, right? Thanks. Summary judgment This is a fine … Continue reading Year in Review: Appeals Board, part 2
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
Year in Review: Supreme Court Panel Opinions
By Jane Salem, staff attorney, Nashville As in previous years, I like to kick off January with a look back at last year’s appellate opinions. This post will summarize 2021 opinions from the Tennessee Supreme Court Special Workers’ Compensation Panel. In later posts, we’ll revisit the Appeals Board’s work from last year. Don’t forget to … Continue reading Year in Review: Supreme Court Panel Opinions
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
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
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 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
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)
Workers’ Comp and Infectious Diseases
By Delaney Williams, Intern, Gray I came into law school from a rather non-traditional background; I have a bachelor’s degree in microbiology and a master’s in epidemiology, and I am a self-proclaimed infectious disease nerd. I could give a fun fact for just about any infectious disease you can name, and my friends and family … Continue reading Workers’ Comp and Infectious Diseases
UR and the ODG–Procedure and Presumptions
By Judge Thomas Wyatt, Chattanooga With apologies to Jerry Seinfeld, what’s the deal with acronyms? I mean, are we so busy that we can’t say we live in the United States? Do we really save time by saying we live in the U.S. of A? And it can be confusing. If you are a college … Continue reading UR and the ODG–Procedure and Presumptions
From the Bench 