Board Probes Causation Presumption, Standard of Review

By Sarah Byrne, staff attorney, Nashville The Appeals Board heard oral arguments recently in Johnson v. Inspire Brands, d/b/a Blazin Wings, Inc, an interlocutory appeal of an expedited hearing order where the trial court, after weighing competing expert medical opinions, granted back surgery. Oral arguments focused on two issues: whether a former authorized treating physician … Continue reading Board Probes Causation Presumption, Standard of Review

Attorneys Clash over Nurse Case Managers, occupational injuries

By Jane Salem staff, attorney, Nashville Is a nurse case manager the employer’s “eyes and ears,” so that discussions between the nurse case manager and the employer’s attorney are privileged? Is summary judgment appropriate in an occupational disease claim when the injured worker hasn’t missed work and has no restrictions? The Appeals Board will answer … Continue reading Attorneys Clash over Nurse Case Managers, occupational injuries

Appeals Board Releases Two Opinions from October Oral Arguments

By Jane Salem, staff attorney, Nashville Earlier this week, the Tennessee Workers’ Compensation Appeals Board affirmed a pair of trial court rulings about an employer’s right to a medical examination and the exclusion of expert testimony when an attorney didn’t comply with a scheduling deadline. The Board held oral argument in both cases last month. … Continue reading Appeals Board Releases Two Opinions from October Oral Arguments

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.