What’s New at the Appeals Board?

We’re glad you asked! First, on Monday, new rules became effective that govern the appeals process for both interlocutory appeals and compensation order appeals. They are available here. The rules didn't revise any deadlines or make other significant substantive changes, but they now incorporate the Board’s former Practices and Procedures into the administrative rules. Second, … Continue reading What’s New at the Appeals Board?

Board Releases Opinion on Panels, Medical Causation

By Jane Salem, staff attorney, Nashville The Appeals Board released another opinion from its March 24 oral arguments last week. Barnes v. Jack Cooper Transport, a review of an expedited hearing order, offers guidance on improper panels and medical causation. William Barnes, a truck driver, reported to Jack Cooper Transport that his left knee gave … Continue reading Board Releases Opinion on Panels, Medical Causation

Board affirms in Ibarra v. Amazon Fulfillment Services

By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board released its first opinion from the cases on oral argument last week. In Ibarra v. Amazon Fulfillment Services, the Board resolved three issues. The first was notice. The Workers’ Compensation Law requires written notice of a work-related injury unless an employer has actual notice. Amazon … Continue reading Board affirms in Ibarra v. Amazon Fulfillment Services

More oral arguments

By Jane Salem, staff atorney, Nashville Last Tuesday, the Appeals Board held telephonic oral arguments in six cases. I previously wrote about the morning cases. The following summarizes the afternoon’s cases, which all involved review of expedited hearings and medical causation issues. In Barnes v. Jack Cooper Transportation Co., the employer appealed an order for … Continue reading More oral arguments

The Show Must Go On

By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board held oral arguments by phone rather than the traditional in-person appearances on Tuesday. Counsel gave compelling arguments and withstood some fairly rigorous questioning from the judges, and decorum was maintained throughout, despite the unusual circumstances. What follows is a brief recap of the … Continue reading The Show Must Go On

Appeals Board schedules next oral arguments in Knoxville

The Tennessee Workers' Compensation Appeals Board will hold its next set of oral arguments on March 24, 2020, at the Supreme Court Building in Knoxville. On the (very full) docket are: Johnston v. Sisken Steel & Supply Co.: The Employer is challenging medical causation and an award of permanent total disability benefits in an occupational … Continue reading Appeals Board schedules next oral arguments in Knoxville

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

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.  

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

Appeals Board Sets Knoxville Oral Arguments, Revises Rules

The Tennessee Workers’ Compensation Appeals Board recently set four cases for oral argument in Knoxville on April 26. Starting at 9:00 a.m. Eastern Time, the Board will take up Yeaman v. Kindred Health Care, where the Court denied a motion to dismiss for failure to prosecute. Afterward, counsel will argue whether the Court properly held … Continue reading Appeals Board Sets Knoxville Oral Arguments, Revises Rules

Appeals Board: ‘Mud run’ injury isn’t work-related

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

Appeals Board Schedules Oral Arguments

The Tennessee Workers' Compensation Appeals Board recently announced it will convene oral arguments in two cases next month. On Thursday, Nov. 3, at 10:00 a.m., the Appeals Board will hear arguments in Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of Cleveland. Mr. Pope suffered injuries when participating in a charitable “mud run” sponsored by Nebco. At … Continue reading Appeals Board Schedules Oral Arguments