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
Tag: case law
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
The Workers’ Comp Hillbillies
By Judge Brian Addington, Gray While an undergrad at Pikeville College (now University of Pikeville), I was exposed to a popular cultural gathering called “Hillbilly Days.” Occurring in the home county to the McCoys of the Hatfield-McCoy feud, let me just say . . . they know how to party. There’s a parade, food, singing, … Continue reading The Workers’ Comp Hillbillies
Taking Judicial Notice
By Judge Audrey Headrick, Chattanooga “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” --John Adams Have you ever asked anyone how they knew a particular fact, and they responded, “Oh, come on. Everybody knows that.” Well, … Continue reading Taking Judicial Notice
Board Offers Framework for Notice Cases
By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board issued an important opinion explaining how parties, practitioners and judges should approach the notice defense in the future. It is essential reading. The 18-page opinion, Ernstes v. Printpack, also traced the history of the notice requirement in the workers’ compensation law, as well … Continue reading Board Offers Framework for Notice Cases
The Law of the Subsequent Injury Fund
By Judge Allen Phillips, Jackson "If an employee has previously sustained a permanent disability . . . he shall be entitled to compensation from his employer or the employer's insurance carrier only for the disability that would have resulted from the latter injury . . . provided, however, that in addition to such compensation for … Continue reading The Law of the Subsequent Injury Fund
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board issued its second opinion in two years in which it upheld the direct and natural consequences rule in workers’ compensation cases. Presiding Judge Timothy Conner wrote a concurring opinion, however, remarking that guidance from the Tennessee high court would be useful. Facts Natacha Hudgins … Continue reading Direct and Natural Consequences Rule Remains Intact
Appeals Board, 2022: Part Two
By Jane Salem, staff attorney, Nashville Welcome back to our final installment in the three-part series on last year’s workers’ compensation appellate opinions. Notice I noticed this was an issue in a handful of opinions (See what I did there? I know; my comic genius is being wasted as a staff attorney. But it's hard … Continue reading Appeals Board, 2022: Part Two
Appeals Board Opinions, 2022: Part One
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board had another busy year in 2022. This article will recap cases (which you really need to read!) on all things medical: causation, reasonably necessary treatment, noncompliance, etc. We’ll also look at a couple cases about other categories of benefits. Medical causation As practitioners … Continue reading Appeals Board Opinions, 2022: Part One
Looking Back at 2022: Supreme Court Panel Opinions
By Jane Salem, staff attorney, Nashville Happy New Year! Every January, we post a series of articles summarizing the appellate opinions from the previous year. This year is no exception. Here’s the roadmap for this article. We’ll start with a few words about the year generally, followed by the “rule” for these articles. Then we’ll … Continue reading Looking Back at 2022: Supreme Court Panel Opinions
From the Bench 