By Jane Salem, staff attorney, Nashville IMPORTANT. Governor Bill Lee recently signed a bill into law revising the standards by which a workers’ compensation judge may/must award attorney’s fees and costs. The new law will certainly be one to watch for both employee and employer attorneys in Tennessee. PLEASE READ IT. These changes apply to … Continue reading Big News: Lawmakers Amend Attorney Fee Statute
Tag: case law
FAQs: Enforcing Open Medical Benefits Provisions
By Judge Shaterra R. Marion, Memphis Back in February 2024, I wrote a blog post entitled “Primer on Enforcing/Defending Against Open Medicals.” I explained how we saw more and more post-judgment disputes and briefly reviewed the standards of proof and other concerns regarding those cases. I’m back again to answer all your questions! I’ll try, … Continue reading FAQs: Enforcing Open Medical Benefits Provisions
Let’s get together
By Judge Dale Tipps, Murfreesboro When you saw the title of this blog, did you immediately sing to yourself, “yeah, yeah, yeah?” If so, you are probably old enough to remember Hayley Mills singing it in the original1961 version of The Parent Trap. More about that later, but first let’s consider a different kind of … Continue reading Let’s get together
A Cautionary Tale
By Jane Salem, staff attorney, Nashville Workers’ compensation and tort law are two very different “animals,” so to speak. A recent opinion involving serious injuries to a maintenance worker on a farm, released by the Court of Appeals in January, illustrates that point. The case also demonstrates the perils to employers of letting a workers’ … Continue reading A Cautionary Tale
Board Finds Appeal Frivolous, Awards Fees
By Jane Salem, staff attorney, Nashville Decades ago, President Ronald Reagan famously said, “trust but verify.” That saying embodies the employee’s position in Martin v. Kirby Building Systems, LLC. Martin suffered no permanent impairment after a work injury but wanted an order to “verify” his right to lifetime medical treatment. Kirby Building Systems essentially said “trust” … Continue reading Board Finds Appeal Frivolous, Awards Fees
Have a Heart?
By Judge Josh Baker, Nashville Ahh, Valentine’s Day! A day to honor the ones we cherish and shower them with gifts and affection. Maybe breakfast in bed, flowers sent to the office to make their office mates jealous (really no other reason to send them there), a romantic dinner, or just extra time celebrating love … Continue reading Have a Heart?
Twelve “Must-Read” Appeals Board Opinions from 2025
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
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
From the Bench 