Appeals Board issues opinion on competing experts

On Monday, the Appeals Board released its opinion in Sharee Clay v. Signature Healthcare. The Board heard argument in the case on Oct. 1. It affirmed Judge Joshua Davis Baker's compensation hearing order. The case asked the Board to consider the trial court's decision to exclude Signature Healthcare's expert testimony as hearsay, finding that counsel … Continue reading Appeals Board issues opinion on competing experts

Appeals Board Considers Electronic “Presence” at Independent Medical Examinations

By Jane Salem, Staff Attorney, Nashville A pair of injured employees wants to have their physician “present” at an independent medical examination via videoconference or live-streaming. In one case, the judge allowed ordered that videoconferencing be arranged; in another case, a different judge declined to order it. Who got it right? The Tennessee Workers Compensation … Continue reading Appeals Board Considers Electronic “Presence” at Independent Medical Examinations

Bureau Revises Petition for Benefit Determination

By Chief Judge Kenneth M. Switzer, Nashville In the recent Tennessee Workers’ Compensation Appeals Board decision Vickers v. Amazon.com, the Board observed that it is "unclear" why the email address to file a petition for benefit determination is that of the ombudsman program rather than the clerk of court, the customary recipient of a pleading. In … Continue reading Bureau Revises Petition for Benefit Determination

Appeals Board sets cases for oral argument

On October 1, the Workers' Compensation Appeals Board will return to the Tennessee Supreme Court in Nashville to hear arguments in the following cases: Tennyson Order Compelling Deposition; Ailshie v. TN Farm Bureau Federation; Clay v. Signature Healthcare; and, Caldwell Order Compelling IME. Arguments begin at 9:00 a.m. Click here for more information.  

Guest Blogger: An Intro to Occupational Diseases

As the title explains, below is a guest submission. It is meant to inform and offer her interpretation of the law. By Allison Lowry At this year’s Bureau of Workers’ Compensation Educational Conference, the Bureau celebrated the 100-year anniversary of the enactment of workers’ compensation laws in Tennessee. Among the numerous topics featured at the … Continue reading Guest Blogger: An Intro to Occupational Diseases

Oral arguments revisit willful misconduct under Mitchell

By Sarah Byrne, staff attorney, Nashville The Tennessee Supreme Court Special Workers’ Compensation Panel, Middle Section, heard arguments on March 25 in Corey Bunton v. Sanderson Pipe Corp., a willful misconduct case appealed from the Court of Workers’ Compensation Claims. From the employee-appellant’s perspective, the Bunton facts illustrate what the Mitchell dissent predicted: the four-factor … Continue reading Oral arguments revisit willful misconduct under Mitchell

Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD

Tennessee Code Annotated section 50-6-207(3)(F) does not allow additional permanent partial disability benefits to undocumented workers. An injured worker challenged the law in the Court of Workers' Compensation Claims, but the trial court determined it had no authority to determine the facial constitutionality of a statute. Yesterday the Tennessee Supreme Court Special Workers' Compensation Appeals … Continue reading Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD

Panel to clarify perm total analysis

By Jane Salem, staff attorney, Nashville Did the Tennessee Workers’ Compensation Appeals Board err by using the “meaningful return to work” analysis in determining the propriety of an award of permanent total disability benefits, when that analysis traditionally applies to permanent partial disability benefits? The Special Workers’ Compensation Panel of the Tennessee Supreme Court will … Continue reading Panel to clarify perm total analysis

Supreme Court adopts Appeals Board decision on permanent partial disability benefits

Yesterday, the Tennessee Supreme Court affirmed an award of permanent partial disability benefits in Batey v. Deliver This, Inc.  The high court reviewed an opinion from the Tennessee Workers' Compensation Appeals Board holding that the trial court erred when it held that the employee's "pre-injury occupation" on the Physician Certification Form to mean the employee’s … Continue reading Supreme Court adopts Appeals Board decision on permanent partial disability benefits

Recapping the Supreme Court Panel Opinions 2018

By Jane Salem, staff attorney, Nashville I recently wrote a three-part series on the Appeals Board’s work last year, briefly summarizing dozens of appellate opinions. In contrast, in 2018, the Tennessee Supreme Court Special Workers’ Compensation Panel decided just eight post-Reform Act cases, along with many more “old law” opinions. It’s likely that the “new … Continue reading Recapping the Supreme Court Panel Opinions 2018

Still more Appeals Board Opinions from 2018

By Jane Salem, Staff Attorney, Nashville Hello again. In the last post, I promised a discussion of 2018’s significant evidence opinions from the Appeals Board, along with civil procedure cases, and, well, everything else. Starting with evidence, a pair of cases discussed the admissibility of the C-32 Standard Form Medical Report. In Watson v. Catlett … Continue reading Still more Appeals Board Opinions from 2018

Looking back at the Appeals Board’s 2018 Opinions

By Jane Salem, Staff Attorney, Nashville Happy New Year! Following tradition, it’s an appropriate time to look back at last year’s Appeals Board opinions in a series of blog posts. This post will recap the opinions on causation. The next will look at medical, temporary and permanent disability benefits, and defenses. After that, we’ll focus … Continue reading Looking back at the Appeals Board’s 2018 Opinions