Later this week, the Appeals Board will return to in-person oral arguments after a two-year hiatus. During the pandemic, the Board used teleconferencing for arguments. The upcoming arguments will take place on Friday, December 2, at the Supreme Court Building in Nashville. First up will be a pair of cases presenting similar issues, Arlene Ernstes … Continue reading In-Person Oral Arguments Return
Tag: oral arguments
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
Appeals Board hears argument in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard arguments recently in Love v. Love Management, Inc. to decide whether the trial court erred when it denied the insurer a continuance and granted partial summary judgment to Emilie Love, finding as a matter of law that she was an employee and working in the … Continue reading Appeals Board hears argument in Love versus Love Management
Update about oral arguments; and settlements next week
The Appeals Board granted a motion to continue the oral arguments in Braden v. Mohawk Industries. Those arguments will now be held on February 7. Also, here's the docket for the January 25 arguments, if you want to observe. They will begin at 8:30 a.m. Central Time. In addition, no settlement approvals will take place … Continue reading Update about oral arguments; and settlements next week
Board Sets Oral Arguments in January
The Appeals Board will hear oral argument by videoconference in four cases on January 25, 2022. Two of the cases involve compensation orders awarding permanent total disability, while the others are a summary judgment and an expedited hearing order. In Braden v. Tomahawk Industries, Inc., the trial court found an injury compensable applying the direct … Continue reading Board Sets Oral Arguments in January
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 to Hold Oral Arguments Later This Month
The Appeals Board will take up issues of when an occupational disease claim is ripe and the extent of attorney-client privilege at its next set of oral arguments. The arguments, to be conducted by videoconference, will take place on September 28. They will kick off at 9:00 a.m. Central Time with Cody v. G.UB.MK Constructors. … Continue reading Appeals Board to Hold Oral Arguments Later This Month
Appeals Board to Hear Five Cases
The Tennessee Workers’ Compensation Appeals Board will hear oral argument in five cases a week from today, on June 24, via videoconference. First up at 9:00 a.m. Central Time will be Stephens v. Quality Private Care, dba Volunteer Staffing, Inc. The case raises several issues about the role of the Treatment Guidelines in determining medical … Continue reading Appeals Board to Hear Five Cases
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
Board holds oral arguments in three cases
By Jane Salem, staff attorney, Nashville The Appeals Board held oral arguments yesterday by videoconference on the topics of an employee’s proper impairment rating, an employer’s right to a medical examination, and whether a court properly ruled that a party should be prohibited from introducing expert testimony at trial. First up was Hart v. ThyssenKrupp … Continue reading Board holds oral arguments in three cases
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?
October oral arguments announced
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments in four cases on Oct. 15, by phone or “other remote means” yet to be determined. Click here to see the docket. The arguments kick off at 9:00 a.m. Central Time with a case from west Tennessee, Diamond v. Kroger Co. The case required the … Continue reading October oral arguments announced
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
In-person oral arguments cancelled
The Tennessee Workers' Compensation Appeals Board issued an order on Friday cancelling the in-person aspect of the next docket of oral arguments. The arguments will now be held telephonically. Thank you.
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.
From the Bench 