By Jane Salem, staff attorney, Nashville Last week, the Appeals Board answered an issue of first impression about statutory construction and in particular whether an employer is entitled to the Social Security offset in section 50-6-207(4)(A)(i), when applying it lowers an employee’s compensation rate below the “minimum weekly benefit” as defined by statute. The Board … Continue reading Minimum Comp Rate Applies, Even Against Social Security Offset
Tag: case law
Panel to Hear Edwards v. Peoplease
Earlier this month, the Tennessee Workers’ Compensation Appeals Board reached different conclusions in Edwards v. Peoplease on the medical causation issue, in this case involving the alleged aggravation of a preexisting condition. The majority concluded Edwards did not prove the injury and need for knee replacements arose primarily from work but rather the employee’s preexisting … Continue reading Panel to Hear Edwards v. Peoplease
Panel Upholds Constitutionality of Two Key Sections of the Workers’ Comp Law
By Jane Salem, staff attorney, Nashville Last Friday, the Tennessee Supreme Court released a Panel decision finding two significant provisions of the Reform Act constitutional, in Worrell v. Obion County School District. The opinion came about a decade after the Reform Act took effect. It wasn’t the first time that a party challenged the law, … Continue reading Panel Upholds Constitutionality of Two Key Sections of the Workers’ Comp Law
Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
By Kaitlynn Lehman, 2L, Court intern, Belmont College of Law, Nashville Writing to you “From the Bench,” my name is Kaitlynn Lehman, and I’ve just finished my first year of law school at Belmont University. The Tennessee Bureau of Workers’ Compensation has taken me under its wing as an intern to show me the ins … Continue reading Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
Board Issues Decision in Ridley v. Mature Care
Yesterday, the Tennessee Workers’ Compensation Appeals Board released its decision in Ridley v. Mature Care of Standifer Place. The Board held oral arguments in the case last month at the Bureau’s Educational Conference before several hundred attendees. The Appeals Board held oral arguments on June 13, 2024. Left to right, they are Judge Pele Godkin, … Continue reading Board Issues Decision in Ridley v. Mature Care
Board Splits on Preexisting Condition Aggravations
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Workers’ Compensation Appeals Board, in a divided decision, considered a case in which the employee suffered a work injury that she claims aggravated a preexisting condition and caused the need for a particular treatment. The Board took a deep dive into four expert opinions. The … Continue reading Board Splits on Preexisting Condition Aggravations
Top Ten Appellate Opinions, 2023, part 2
By Jane Salem, staff attorney, Nashville Welcome back! In the last blog post, I took a look back at five opinions from 2023 about jurisdiction, extraordinary relief, mental injuries, medical expenses, and everyone’s favorite subject: attorneys’ fees. Up next is brief mention of five more essential cases from last year, including opinions about aggravations of … Continue reading Top Ten Appellate Opinions, 2023, part 2
Top Ten Appellate Opinions from 2023
By Jane Salem, staff attorney, Nashville Usually I begin a new year with a recap of every workers’ compensation appellate opinion (except the memoranda) from the past year from the Tennessee Supreme Court’s Special Workers’ Compensation Appeals Panel and the Appeals Board. This year, I’m shaking it up. Instead I’ll recap ten key opinions from … Continue reading Top Ten Appellate Opinions from 2023
Court may Order Benefits Even When a Declaratory Action is Pending
By Jane Salem, staff attorney, Nashville Parties to a workers’ compensation lawsuit don’t have to wait for a judgment from a collateral court before the workers’ compensation judge can order a party to furnish benefits. This ruling came from the Appeals Board earlier this month, and it was the latest in a series of decisions … Continue reading Court may Order Benefits Even When a Declaratory Action is Pending
Really McCoy
By Judge Brian Addington, Gray Elijah McCoy was the son of escaped slaves. Born in Canada in 1844 and educated in Scotland as a mechanical engineer, he moved to the United States as a young man and settled in Ypsilanti, Michigan. The only place he could find work was as a lineman and oiler on … Continue reading Really McCoy
Board Defines “Underlying” for Temporary Disability Benefits
By Traci Haynes, staff attorney, Gray Last month, the Appeals Board heard oral arguments in Basham v. SPB Hospitality. The Board has now issued its opinion and explained the meaning of an “underlying physical injury” in the context of temporary total disability benefits. In the case, Basham requested an expedited hearing to reinstate temporary total … Continue reading Board Defines “Underlying” for Temporary Disability Benefits
Opinion Instructs on Fees for a Wrongful Denial
By Sarah Byrne, staff attorney, Nashville This past summer, the Appeals Board affirmed a denial of attorney’s fees on an alleged wrongful denial. It’s a cautionary tale about what can perish between expedited and compensation hearings, as “the lack of the expedited hearing transcript in the record on appeal prove[d] fatal.” In Ruggieri v. Amazon.com, … Continue reading Opinion Instructs on Fees for a Wrongful Denial
Board Reverses Summary Judgment When Disputed Facts Exist
By Traci Haynes, staff attorney, Gray Summary judgment wasn’t appropriate in a case involving too many disputed facts, where the trial court didn’t explain why certain disputed facts were immaterial. An earlier article discussed the oral arguments in Timothy Burke v. Steve Towers Enterprises. Burke was managing an automobile repair store, when he and a … Continue reading Board Reverses Summary Judgment When Disputed Facts Exist
Board Clarifies “Disputed Issues’ and Affirms Extraordinary Relief
By Sarah Byrne, staff attorney, Nashville The Appeals Board recently released its opinion in Satterfield v. Smoky Mountain Home Health & Hospice, affirming an award of extraordinary relief and deciding Kimberly Satterfield didn’t waive additional permanent disability benefits by leaving a box unchecked on the first of two dispute certification notices filed in her claim. … Continue reading Board Clarifies “Disputed Issues’ and Affirms Extraordinary Relief
“Disclose” an expert means “Identify”
By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board reversed a trial court order excluding an expert’s testimony as a sanction for failure to meet a deadline to “disclose.” In Ariel Taylor v. Coca Cola Bottling Company, the trial court held that the employer failed to comply with a scheduling order and excluded its … Continue reading “Disclose” an expert means “Identify”
Board Affirms in Chemical Exposure Case
By Taylor Skees, staff attorney, Memphis Last week, I wrote about oral arguments earlier this month involving competing expert opinions in a complicated chemical exposure claim. The Appeals Board has since affirmed. In Randall v. Food Lion, Wilma Randall asserted that the trial court erred in denying her request for medical benefits. The trial court … Continue reading Board Affirms in Chemical Exposure Case
On This Day In History…
By Judge Brian Addington, Gray As a child and even until today, I love to read historical reminders. I used to read them in newspapers or magazines growing up, but now they abound in articles on the Web and on social media. As I write today, September 20, on this day in history… In 1946, … Continue reading On This Day In History…
What’s on the Board’s Mind? Jurisdiction
By Jane Salem, staff attorney, Nashville What’s on your mind right now? The heat, the upcoming elections, the economy? Or maybe you’re thinking about lighter topics, like an upcoming vacation, the fall football season, or even “Barbenheimer.” As for the Tennessee Workers’ Compensation Appeals Board, well, they’re pretty into the subject of subject matter jurisdiction … Continue reading What’s on the Board’s Mind? Jurisdiction
Motion Practice: Avoid the Pitfalls
By Taylor Skees, staff attorney, Memphis Has your motion been denied on procedural grounds? Would you like to avoid that in the future? Then this blog is for you! This article will outline common procedural pitfalls with motions in the Court of Workers’ Compensation Claims, looking mostly at the rules, but also statutes and case … Continue reading Motion Practice: Avoid the Pitfalls
Workers’ compensation judges can’t decide coverage disputes
By Jane Salem, staff attorney, Nashville Trial judges in the Court of Workers’ Compensation Claims don't have jurisdiction to decide insurance coverage disputes when a carrier alleges untimely payment of premiums. The Tennessee Workers’ Compensation Appeals Board reached that conclusion last week in Martinez v. ACG Roofing, Inc. But the Board’s opinion also gave a … Continue reading Workers’ compensation judges can’t decide coverage disputes
From the Bench 