By Judge Thomas Wyatt, Chattanooga With apologies to Jerry Seinfeld, what’s the deal with acronyms? I mean, are we so busy that we can’t say we live in the United States? Do we really save time by saying we live in the U.S. of A? And it can be confusing. If you are a college … Continue reading UR and the ODG–Procedure and Presumptions
Tag: case law
Appeals Board Issues Key Evidence Opinions Regarding Medical Records
By Jane Salem, staff attorney, Nashville Within the past two weeks, the Appeals Board has made significant evidentiary rulings about the admissibility of Form C-32 and medical records. The opinions examined their admissibility at two different stages of the case, one at summary judgment and the other at an expedited hearing. The procedural posture makes … Continue reading Appeals Board Issues Key Evidence Opinions Regarding Medical Records
In Re Butter
By Judge Brian Addington, Gray I’ve met people who were astounded when I told them I’m a judge. Just the other day, my wife and I were eating lunch with a few other couples, including the daughter of a famous professional football player. She actually did a doubletake and said “No” twice when I told … Continue reading In Re Butter
Appeals Board Instructs on Parking Lot Cases
By Jane Salem, Staff Attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s denial of summary judgment. The ruling focused on whether the movant met its burden of production. But also, the Board’s opinion revisited a significant Supreme Court ruling about injuries in parking lots, concluding that the case remains … Continue reading Appeals Board Instructs on Parking Lot Cases
Panel Adopts Appeals Board’s Opinion in TTD case
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Supreme Court issued an order declining to review a case where a Special Workers’ Compensation Appeals Panel had adopted an Appeals Board opinion in whole. The high court’s per curiam order means the Panel decision is final in Boutros v. Amazon.com DEDC, LLC. In the … Continue reading Panel Adopts Appeals Board’s Opinion in TTD case
Credibility in the Time of Covid-19
By Judge Allen Phillips, Jackson “The face is a picture of the mind as the eyes are its interpreter.”--Marcus Tullius Cicero, Roman philosopher (106-43 BC). The COVID-19 pandemic has changed human interaction in dramatic ways: working remotely, home-schooling, and limited or no in-person attendance in public forums. The judicial system is no exception. Nationwide, courts … Continue reading Credibility in the Time of Covid-19
2020 Supreme Court Panel Opinions in Review
By Jane Salem, staff attorney, Nashville Thanks for reading this final installment of my three-part series on appellate opinions issued last year. As the title suggests, this article revisits decisions from Supreme Court Panels. Please read them; don’t rely just on my cursory analyses. Thanks. I’ll begin with a case from the Claims Commission. In … Continue reading 2020 Supreme Court Panel Opinions in Review
2020 Opinions, Revisited, Part two
By Jane Salem, staff attorney, Nashville Welcome back to my annual review of last year’s Appeals Board opinions. Of course, for years to come, mention of the word “2020” will spark memories of the pandemic. But do you know how many Board opinions actually involved COVID-19? Just a couple so far, and tangentially only. But … Continue reading 2020 Opinions, Revisited, Part two
A Look Back at 2020 Appeals Board Opinions, part one
By Jane Salem, staff attorney, Nashville What a year! The memes abound about 2020, most of which contain language or images unsuitable for this forum. (Here are a few from Reader’s Digest that are less likely to offend.) But regardless of last year’s tragedies, disruptions of our work and personal activities, and social and political … Continue reading A Look Back at 2020 Appeals Board Opinions, part one
It’s Time to Change
By Penny Shrum, Court Clerk, Nashville Over the past six years, admittedly, a lot has changed in workers’ compensation in Tennessee. You have graciously adapted to these changes. We know change can be hard. But when faced with the prospect of change, we suggest you look to the wisdom of the Brady Bunch: “when it’s … Continue reading It’s Time to Change
“I Play One on TV”
By Judge Brian Addngton, Gray If you’re Gen X or older, you likely remember the Vicks Formula 44 cough syrup commercial’s famous line, “I’m not a doctor, but I play one on TV.” Judge Brian Addington The actor in that commercial was Peter Bergman, who played Dr. Cliff Warner on “All My Children,” an ABC … Continue reading “I Play One on TV”
Board Modifies Rating to Reject Non-work-related Condition
By Jane Salem, staff attorney, Nashville A trial court can’t award permanent partial disability benefits for an impairment rating where part of that rating is attributable to a non-work-related condition. So held the Appeals Board last week, modifying the trial court’s order to reflect a lower rating. The case was argued last month. In Hart … Continue reading Board Modifies Rating to Reject Non-work-related Condition
Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board held that, under section 50-6-226(a)(1), an employer can't be liable for attorney’s fees based on the amount of medical expenses a court orders it to pay. In September 2016, Nicole Bowlin was injured in a motor vehicle accident while working for Servall. She was … Continue reading Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals
Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board ruled on an issue of first impression that the date of injury in mental injury claims for jurisdictional purposes is the date of the identifiable work-related event or events resulting in a sudden or unusual stimulus. The ruling rejected an injured worker’s contention that … Continue reading Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
Injuries from fallen tree aren’t compensable
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board affirmed a trial court ruling from an expedited hearing that an employee’s injuries weren’t work-related, when those injuries were from a tree falling on him as he exited a portable toilet next to his job site. Brett Rosasco was painting a home exterior. He … Continue reading Injuries from fallen tree aren’t compensable
Board Releases Opinion Allowing MIRR Evaluation to Proceed
By Jane Salem, staff attorney, Nashville When a party requests an evaluation from the Bureau’s Medical Impairment Rating Registry, the opposing party can’t object on the basis that the party manufactured a dispute over the rating by hiring an expert to perform a records review. The Appeals Board announced this legal principle yesterday in Gray … Continue reading Board Releases Opinion Allowing MIRR Evaluation to Proceed
Board Reverses Causation Decision in Complex Occupational Disease Case
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board reversed a trial court determination finding medical causation in a case where the employee alleged liver, kidney and cardiac conditions as occupational diseases. According to the Board, the lower court should’ve accepted the employer’s experts’ opinions because they were better qualified and didn’t rely … Continue reading Board Reverses Causation Decision in Complex Occupational Disease Case
Lack of Subject Matter Jurisdiction Precludes an Election of Remedies
By Jane Salem, staff attorney, Nashville The Supreme Court Special Workers’ Compensation Appeals Panel revived a case earlier this week, holding that an injured worker didn’t elect to pursue his claim in Georgia when that state’s tribunal found he didn’t have subject matter jurisdiction. The ruling reinstates the decision of Tennessee Court of Workers’ Compensation … Continue reading Lack of Subject Matter Jurisdiction Precludes an Election of Remedies
Opinion affirms alleged mental injury
By Jane Salem, staff attorney, Nashville On Tuesday, the Appeals Board released the last opinion from the cases at the March 24 oral arguments reviewing expedited hearing orders. The opinion, Mollica v. EHHI Holdings, reiterates the importance of obtaining medical proof when causation is disputed. Facts Gena Mollica hurt her back in 2017 working as … Continue reading Opinion affirms alleged mental injury
Appeals Board reaffirms Direct and Natural Consequence Rule
By Jane Salem, staff attorney, Nashville The Appeals Board released two opinions last Friday, deciding cases they heard at oral argument on March 24. In the first opinion, Hudgins v. Global Personnel Solutions, Natacha Hudgins injured her knee in 2016 while working at a battery manufacturing plant. Global, a temporary employment agency, accepted the claim … Continue reading Appeals Board reaffirms Direct and Natural Consequence Rule
