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
Tag: case law
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
Board Releases Willful Misconduct Opinion
By Taylor Skees, staff attorney, Memphis After oral arguments, the Appeals Board has issued its opinion in Dingus v. Grand Piano. The crux of the case was whether Gary Dingus’ actions amounted to a willful violation of Grand Piano’s safety rule to remain tethered to his harness while working on a forklift, causing his fall … Continue reading Board Releases Willful Misconduct Opinion
Board Issues Another Instructive Summary Judgment Opinion
By Jane Salem, staff attorney, Nashville Just in time for our upcoming continuing legal education session about summary judgment, the Appeals Board has released an opinion again emphasizing the importance of following the rules—specifically, Rule 56.03 about the statement of undisputed material facts. The opinion, Craig Cable v. Conagra Foods Packaged Foods Company, Inc., also … Continue reading Board Issues Another Instructive Summary Judgment Opinion
Weighty Perm Total Opinion in the Works
By Traci Haynes, staff attorney, Gray One of the most commonly asked questions at mediation is, “If I accept the initial payment of permanent partial disability, will it prevent me from requesting permanent total after the initial compensation period?” For years it has gone unanswered. The Appeals Board heard arguments on this issue of first … Continue reading Weighty Perm Total Opinion in the Works
The Essential Functions of a Job Drive a Return-to-Work Offer
By Sarah Byrne, staff attorney, Nashville On Monday, the Appeals Board reversed the trial court in Bibiane Francoeur v. Amerimed Medical Solutions, LLC. The employer appealed an expedited award of temporary disability for Ms. Francoeur, whose no-driving restriction prevented her from getting to work—where Amerimed could’ve accommodated her work restrictions. The decision “hinge[d] on whether … Continue reading The Essential Functions of a Job Drive a Return-to-Work Offer
Just the Facts: How “Willful” the Conduct
By Taylor Skees, staff attorney, Memphis The Appeals Board heard oral arguments on Oct. 1 in Dingus v. Grand Piano and Furniture Company to determine if Gary Dingus willfully failed to wear a safety device, which would bar his claim for benefits. The parties agree that Dingus fell from a forklift and fractured his spine … Continue reading Just the Facts: How “Willful” the Conduct
Registration is Open for Free CLE Series for Attorneys
The Tennessee Bureau of Workers’ Compensation is offering up to four hours of continuing legal education credits this fall. This is in response to the lower than anticipated number of credits awarded for our annual educational conference this year. The judges of the Court of Workers’ Compensation Claims have created and will host four individual, … Continue reading Registration is Open for Free CLE Series for Attorneys
Minimum Comp Rate Applies, Even Against Social Security Offset
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
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
From the Bench 