By Alyssa Williams, Court Intern/2L, Winston College of Law, University of Tennessee-Knoxville One of my favorite parts of law school has been watching both mock trials and oral arguments. After spending so much time studying their components and practicing one for an assignment, it was fascinating to sit in the digital audience and watch experienced … Continue reading Board Weighs Fee Schedule for Unauthorized Treatment
Tag: oral arguments
Appeals Board To Hear Jurisdiction Arguments
Taking us all back to the early days of our civil procedure class in law school, the Appeals Board will hear arguments about personal jurisdiction and the sufficiency of a party’s contacts with the State of Tennessee. In Hernandez v. CJR Framing, Inc., the trial court held those contacts sufficed for it to exercise jurisdiction … Continue reading Appeals Board To Hear Jurisdiction Arguments
July virtual oral arguments announced
Pop the corn, get a beverage, and log in on July 14 to watch the Tennessee Workers’ Compensation Appeals Board hear oral arguments in two cases. In Hands v. Fresenius Medical Care Holdings, Inc., the employee contends that the trial court erred by ordering the employer to pay unauthorized medical bills under the fee schedule … Continue reading July virtual oral arguments announced
June Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hear oral arguments in three cases in Nashville on June 9. Up first is Howell v. 501K Recycling, where the trial court ordered an employer to furnish additional treatment to an employee who alleged a work-related aggravation of the preexisting arthritis in his back. The trial court weighed … Continue reading June Oral Arguments Announced
Board Announces Oral Arguments Next Month
The Tennessee Workers’ Compensation Appeals Board will hear in-person oral arguments in four cases on Thursday, February 12, in Knoxville at 9:00 a.m. Eastern Time. First, Gandy v. Marten Transport, Ltd. presents causation/medical causation issues of an employee’s “scratch” that rapidly escalated into a serious infection requiring an arm amputation and multiple surgeries. Marten Transport … Continue reading Board Announces Oral Arguments Next Month
Board Hears Arguments about Second Opinions, Fees
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
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”
From the Bench 