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