Yesterday, the Tennessee Workers’ Compensation Appeals Board reversed a trial judge’s determination that an employee’s injury, sustained during participation in a charity “mud run” alongside co-workers, was compensable. The Board held the employee wasn’t “impliedly required” to race, nor was it part of his work duties. In Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of … Continue reading Appeals Board: ‘Mud run’ injury isn’t work-related
Tag: decision
Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
At the most recent oral arguments before the Tennessee Workers’ Compensation Appeals Board, matters typically handled on the tail end of the litigation moved front and center. The Board considered the finality of judgments, among other issues, in a pair of cases on Nov. 3 in Nashville. In Garassino v. Western Express, the Board examined the … Continue reading Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
Appeals Board Issues Opinion Disfavoring Bifurcation
The Tennessee Workers’ Compensation Appeals Board sent a rather forceful message regarding the bifurcation of compensation hearings yesterday in Cotton v. HUMACare, Inc., et al. In a word, don’t. The case involved Karen Cotton’s entitlement to survivor benefits after her husband fell to his death from atop a cell tower on the job for Central … Continue reading Appeals Board Issues Opinion Disfavoring Bifurcation
From the Bench 