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
Tag: case law
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
Appeals Board Issues Key Evidence Opinions Regarding Medical Records
By Jane Salem, staff attorney, Nashville Within the past two weeks, the Appeals Board has made significant evidentiary rulings about the admissibility of Form C-32 and medical records. The opinions examined their admissibility at two different stages of the case, one at summary judgment and the other at an expedited hearing. The procedural posture makes … Continue reading Appeals Board Issues Key Evidence Opinions Regarding Medical Records
In Re Butter
By Judge Brian Addington, Gray I’ve met people who were astounded when I told them I’m a judge. Just the other day, my wife and I were eating lunch with a few other couples, including the daughter of a famous professional football player. She actually did a doubletake and said “No” twice when I told … Continue reading In Re Butter
Appeals Board Instructs on Parking Lot Cases
By Jane Salem, Staff Attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s denial of summary judgment. The ruling focused on whether the movant met its burden of production. But also, the Board’s opinion revisited a significant Supreme Court ruling about injuries in parking lots, concluding that the case remains … Continue reading Appeals Board Instructs on Parking Lot Cases
Panel Adopts Appeals Board’s Opinion in TTD case
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Supreme Court issued an order declining to review a case where a Special Workers’ Compensation Appeals Panel had adopted an Appeals Board opinion in whole. The high court’s per curiam order means the Panel decision is final in Boutros v. Amazon.com DEDC, LLC. In the … Continue reading Panel Adopts Appeals Board’s Opinion in TTD case
Credibility in the Time of Covid-19
By Judge Allen Phillips, Jackson “The face is a picture of the mind as the eyes are its interpreter.”--Marcus Tullius Cicero, Roman philosopher (106-43 BC). The COVID-19 pandemic has changed human interaction in dramatic ways: working remotely, home-schooling, and limited or no in-person attendance in public forums. The judicial system is no exception. Nationwide, courts … Continue reading Credibility in the Time of Covid-19
2020 Supreme Court Panel Opinions in Review
By Jane Salem, staff attorney, Nashville Thanks for reading this final installment of my three-part series on appellate opinions issued last year. As the title suggests, this article revisits decisions from Supreme Court Panels. Please read them; don’t rely just on my cursory analyses. Thanks. I’ll begin with a case from the Claims Commission. In … Continue reading 2020 Supreme Court Panel Opinions in Review
2020 Opinions, Revisited, Part two
By Jane Salem, staff attorney, Nashville Welcome back to my annual review of last year’s Appeals Board opinions. Of course, for years to come, mention of the word “2020” will spark memories of the pandemic. But do you know how many Board opinions actually involved COVID-19? Just a couple so far, and tangentially only. But … Continue reading 2020 Opinions, Revisited, Part two
A Look Back at 2020 Appeals Board Opinions, part one
By Jane Salem, staff attorney, Nashville What a year! The memes abound about 2020, most of which contain language or images unsuitable for this forum. (Here are a few from Reader’s Digest that are less likely to offend.) But regardless of last year’s tragedies, disruptions of our work and personal activities, and social and political … Continue reading A Look Back at 2020 Appeals Board Opinions, part one
It’s Time to Change
By Penny Shrum, Court Clerk, Nashville Over the past six years, admittedly, a lot has changed in workers’ compensation in Tennessee. You have graciously adapted to these changes. We know change can be hard. But when faced with the prospect of change, we suggest you look to the wisdom of the Brady Bunch: “when it’s … Continue reading It’s Time to Change
“I Play One on TV”
By Judge Brian Addngton, Gray If you’re Gen X or older, you likely remember the Vicks Formula 44 cough syrup commercial’s famous line, “I’m not a doctor, but I play one on TV.” Judge Brian Addington The actor in that commercial was Peter Bergman, who played Dr. Cliff Warner on “All My Children,” an ABC … Continue reading “I Play One on TV”
Board Modifies Rating to Reject Non-work-related Condition
By Jane Salem, staff attorney, Nashville A trial court can’t award permanent partial disability benefits for an impairment rating where part of that rating is attributable to a non-work-related condition. So held the Appeals Board last week, modifying the trial court’s order to reflect a lower rating. The case was argued last month. In Hart … Continue reading Board Modifies Rating to Reject Non-work-related Condition
Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board held that, under section 50-6-226(a)(1), an employer can't be liable for attorney’s fees based on the amount of medical expenses a court orders it to pay. In September 2016, Nicole Bowlin was injured in a motor vehicle accident while working for Servall. She was … Continue reading Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals
From the Bench 