By Judge Brian Addington, Gray One of Tennessee’s most talented actresses was Dinah Shore. Born in Winchester, Tennessee, in 1916 and a Vanderbilt graduate, she went on to fame as a singer and radio, TV and film actress. She was also a huge supporter of the LPGA and was named an honorary member of the … Continue reading Leap day can be dangerous
Tag: case law
Learning from Lincoln: The Ethics of Attorney’s Fees
By Judge Allen Phillips, Jackson Before becoming our 16th President, Abraham Lincoln was a midwestern prairie lawyer. Handling a variety of cases, it is said his fees were generally in the $5 to $20 range, though he once charged a railroad $5,000 (a fee equal to over $169,000 in today’s dollars) to handle a particularly … Continue reading Learning from Lincoln: The Ethics of Attorney’s Fees
Supreme Court Panel Opinions, 2019
By Jane Salem, staff attorney, Nashville Welcome back once again to our review of last year’s workers’ compensation appellate opinions. This article will summarize the 2019 opinions from the Tennessee Supreme Court Special Workers’ Compensation Panel. First up are appeals from the Court of Workers' Compensation Claims applying the “new law.” Then I’ll mention a … Continue reading Supreme Court Panel Opinions, 2019
Revisiting 2019 Appeals Board Decisions
By Jane Salem, staff attorney, Nashville Welcome back to our annual year-in-review series of articles. This post will look at last year’s Appeals Board cases on compensability, defenses, civil procedure, evidence, and fees. Starting with compensability, the Board found no exception to the Coming-and-Going rule in Smith v. Macy’s Corp. Servs. The employee suffered injuries … Continue reading Revisiting 2019 Appeals Board Decisions
A Look Back at 2019 Appeals Board Opinions
By Jane Salem, staff attorney, Nashville Happy New Year! It’s become tradition for me to kick things off with a recap of the previous year’s appellate cases. But first, another tradition: the disclaimer. Remember that I’m a staff attorney, and I’m not speaking on behalf of the Court of Workers’ Compensation Claims. What follows is … Continue reading A Look Back at 2019 Appeals Board Opinions
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: No to employee doctor’s videoconference ‘presence’ at an IME
Today the Tennessee Workers' Compensation Appeals Board reversed a trial court order allowing an employee to have his own physician "present" by electronic means at an independent medical examination. Read the opinion here.
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
Rest in Peace, Scheduled Members
By Judge Brian Addington, Gray I went out for lunch the other day and heard an '80s song that I had not heard in years, Head to Toe, by Lisa Lisa and Cult Jam. That song really got in my head, and I came back to the office thinking about it. Eventually, it led me … Continue reading Rest in Peace, Scheduled Members
Your Honor, The Evidence Will Show…
By Jane Salem, staff attorney, Nashville As every trial attorney knows, getting evidence in front of the judge, or keeping it out, can make the difference between winning and losing. With passage of the Reform Act came adherence to the Tennessee Rules of Evidence in the Court of Workers’ Compensation Claims. This was a significant … Continue reading Your Honor, The Evidence Will Show…
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.
Of love and other poisons
By Judge Brian Addington, Kingsport It was 1751, and Francis Blandy was suspicious. As a loving father, Blandy suspected that Captain William Henry Cranstoun, his daughter's fiance, was already married. When Cranstoun left England to return to Scotland to have his previous marriage annulled, Blandy felt better about the situation. But as the months passed, … Continue reading Of love and other poisons
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
Put Me in, Coach–I’m ready to play (Oh, Wait, I Can’t)
By Judge Brian Addington, Gray Well, we’re in summer now, and what time is it? Baseball time. By the way, I’m a Braves fan; isn’t everybody? There’s just something about baseball as the perfect way to get folks together on a hot summer evening. Speaking of baseball, playing it in college remains one of my … Continue reading Put Me in, Coach–I’m ready to play (Oh, Wait, I Can’t)
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
Who Let the Dogs Out?
By Judge Audrey Headrick, Chattanooga After reading Judge Brian Addington’s post about “The Lovable, Stubborn Mule,” I felt compelled to write about man’s best friend—dogs. I have to admit that I wasn’t always enamored with dogs. When I was a small child, I was bitten in an unprovoked attack by a bulldog. I thought I … Continue reading Who Let the Dogs Out?
The Loveable, Stubborn Mule
By Judge Brian Addington, Gray When I was a little boy, we had a friend who owned a farm. We visited often because the farm was on our way to church. One day, the farmer asked my brother if he wanted to ride his mule. My brother agreed, so the farmer brought out the mule. … Continue reading The Loveable, Stubborn Mule
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
From the Bench 