By Jane Salem, staff attorney, Nashville It’s not about the money. Or is it? Last Thursday, the Appeals Board held virtual oral arguments where the dollars and cents of the issues came up more than once. Specifically, the Board probed an employee’s right to a second opinion after an authorized doctor recommends surgery. Does the … Continue reading Board Hears Arguments about Second Opinions, Fees
Tag: oral arguments
Causation and the Preponderance Standard in Heart Attack Death Cases
By Kaitlynn Lehman, 3L, Belmont University College of Law I spent this summer interning with the Bureau of Workers’ Compensation. Last year I recapped the Appeals Board’s oral arguments at the annual education conference. This year I’m back, with a closer look at one of the Board’s more complex cases: Taylor v. Dale’s Recycling. The … Continue reading Causation and the Preponderance Standard in Heart Attack Death Cases
Oral arguments in heart attack case set during conference
The Appeals Board announced last week that it will hear in-person oral arguments in Taylor v. Dale’s Recycling on Friday, June 13, at the Bureau’s Educational Conference in Murfreesboro. In the case, Darrell Taylor was pulling a trailer of scrap metal for Dale’s on a highway on a hot summer day, when a local sheriff’s … Continue reading Oral arguments in heart attack case set during conference
Appeals Board revises the oral arguments docket for next week
Check it out here. For a refresher about the cases at bar, click here.
Winter Oral Arguments Announced
The Appeals Board has released its latest oral argument docket, where cases will be heard both live and virtually. On January 21, 2025, the Board will head to Jackson, Tennessee to hear four appeals. The cases present a wide variety of fascinating legal issues. First, the judges will consider the sufficiency of an employee’s notice … Continue reading Winter Oral Arguments Announced
Weighty Perm Total Opinion in the Works
By Traci Haynes, staff attorney, Gray One of the most commonly asked questions at mediation is, “If I accept the initial payment of permanent partial disability, will it prevent me from requesting permanent total after the initial compensation period?” For years it has gone unanswered. The Appeals Board heard arguments on this issue of first … Continue reading Weighty Perm Total Opinion in the Works
Just the Facts: How “Willful” the Conduct
By Taylor Skees, staff attorney, Memphis The Appeals Board heard oral arguments on Oct. 1 in Dingus v. Grand Piano and Furniture Company to determine if Gary Dingus willfully failed to wear a safety device, which would bar his claim for benefits. The parties agree that Dingus fell from a forklift and fractured his spine … Continue reading Just the Facts: How “Willful” the Conduct
Fall oral arguments set
Last week, the Appeals Board announced it will hold arguments in three cases on October 1 in Knoxville. First up will be Gary Dingus v. Grand Piano and Furniture Co., where the trial court denied a defense of willful failure to wear a safety device and awarded benefits after a compensation hearing. The employee, a … Continue reading Fall oral arguments set
Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
By Kaitlynn Lehman, 2L, Court intern, Belmont College of Law, Nashville Writing to you “From the Bench,” my name is Kaitlynn Lehman, and I’ve just finished my first year of law school at Belmont University. The Tennessee Bureau of Workers’ Compensation has taken me under its wing as an intern to show me the ins … Continue reading Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
Oral Arguments at the Educational Conference: The Sequel
Summer is a great time for movie franchises to release films. This summer, we’ll see the return of Mad Max, Garfield the cat, Bad Boys, and Riley from “Inside Out.” Perhaps inspired by the cinema—or not—the Tennessee Workers’ Compensation Appeals Board is doing a sequel of sorts of its own. Last year, the Board held … Continue reading Oral Arguments at the Educational Conference: The Sequel
Board Announces May, June Oral Arguments
The Tennessee Workers’ Compensation Appeals Board will hold virtual oral arguments in the coming weeks. Mark your calendars, and tune in from the comfort of your office, home, or dare we say, the beach? After all, school is almost out, and summer is near. On May 21, the Board will revisit two cases. At 2:00 … Continue reading Board Announces May, June Oral Arguments
Gray v. Tyson Foods to be argued online
The Appeals Board previously ordered that the upcoming oral arguments in Gray v. Tyson Foods be heard in-person. However, the Board has now decided to conduct the arguments by videoconference in the case. A revised docket is here if you wish to observe the proceedings.
Appeals Board to Hear Arguments on February 7
The Appeals Board will hear four sets of arguments on February 7, 2024. First up will be video-conference arguments in Thomas v. Duracell-Cleveland. The trial judge granted the employee’s request to involuntarily dismiss her case without prejudice over the employer’s objections. The employer appealed, arguing that both parties had filed petitions for benefit determination, and … Continue reading Appeals Board to Hear Arguments on February 7
Reading a Box in a Vacuum
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard oral arguments recently in Satterfield v. Smoky Mountain Home Health & Hospice to decide if Kimberly Satterfield waived a claim for increased benefits by not ensuring a “permanent disability benefits” box was marked on one of two dispute certification notices filed in the claim. “You … Continue reading Reading a Box in a Vacuum
Board Dissects the Meaning of “Underlying”
By Traci Haynes, staff attorney, Gray We use homonyms or multiple-meaning words every day. For example, left as in “Joe left the room,” or “hand me the book to the left.” We begin learning the distinctions at an early age. Spend a day with an inquisitive toddler, and you’ll quickly know what I mean. Earlier … Continue reading Board Dissects the Meaning of “Underlying”
Did COVID or Chemicals Cause Injuries?
By Taylor Skees, staff attorney, Memphis Last week, the Appeals Board held oral arguments on Randall v. Food Lion, where the trial court weighed expert opinions. Wilma Randall’s unauthorized treating physician tied her condition to chemical exposure at work, while a physician who reviewed Randall’s records attributed her condition to an infectious disease such as … Continue reading Did COVID or Chemicals Cause Injuries?
Judges Hash Out the Meaning of Expert “Disclosure”
By Jane Salem, staff attorney, Nashville An employer’s vocational expert won’t be allowed to testify in an increased benefits case—unless the Appeals Board reverses that call by the trial judge. The decision will turn on what the appellate judges decide the word “disclose” means. Counsel gave sharply disparate opinions on that question at oral arguments … Continue reading Judges Hash Out the Meaning of Expert “Disclosure”
Oral Arguments Announced for October
The Workers’ Compensation Appeals Board recently set cases for live oral argument in Knoxville next week, and a virtual oral argument later in the month. Interestingly, the cases represent a wide variety of procedural postures. On October 5, the Board will start by considering an order granting a motion to exclude in Taylor v. Coca … Continue reading Oral Arguments Announced for October
Virtual Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments by videoconference in two cases on June 26. An “alleged insurer” is asking the Board to decide if a trial court has jurisdiction to decide a coverage dispute in Glenn v. Jameson Industries, LLC. Then, in Bragg v. Premium Services, LLC, the issue is whether … Continue reading Virtual Oral Arguments Announced
Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold in-person oral arguments in two cases on June 8. First, the Board will consider the definition of “reasonable and necessary” medical bills, and if the trial court erred by excluding bills at a compensation hearing, in Lentz v. Coca-Cola Consolidated. (Read this order, too.) Second, in Semich … Continue reading Oral Arguments Announced
From the Bench 