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?
Tag: oral arguments
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
Appeals Board Sets Arguments During Conference
The Workers’ Compensation Appeals Board will hear arguments during the Bureau’s upcoming educational conference. The case, Martinez v. ACG Roofing, Inc., involves an insurance coverage dispute and multiple alleged employers. The trial judge denied a motion for summary judgment brought by one of the carriers, Assigned Technology Risk, finding questions of material fact. Assigned Technology … Continue reading Appeals Board Sets Arguments During Conference
Oral Arguments Set for Late February
On February 22, the Workers’ Compensation Appeals Board will hold oral arguments in two cases. First, in Nelson v. QVS, the employee alleged an injury while working for the corporation he owns, and which employs him. The business’s carrier has denied the claim. The employee filed a motion that the carrier provide separate counsel to … Continue reading Oral Arguments Set for Late February
Oral Arguments Returning to Belmont Law
The very first arguments for the Tennessee Workers’ Compensation Appeals Board took place at Belmont University College of Law in Nashville in 2016. The Board will return there on January 27, 2023, for another set of arguments. First up will be Acevedo v. Crown Paving. Surviving dependents filed a claim after the worker incurred over … Continue reading Oral Arguments Returning to Belmont Law
In-Person Oral Arguments Return
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
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
From the Bench 