Tag Archives: Tennessee

Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong

Where the opinion offered by an employee’s medical expert merely disagreed with the medical impairment registry (MIR) physician’s findings, yet did not show how that the MIR physician had used an incorrect method in assigning her impairment rating or had … Continue reading

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Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death

In a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court and found that the death of an injured worker due … Continue reading

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Memo to Worker’ Comp Carrier: Standing on Your Rights Can Result in Scorched Feet

Tennessee Appeals Panel Affirms $27K Attorney’s Fee Related to $187 Medical Claim In Grissom v. UPS, 2017 Tenn. LEXIS 4 (Jan. 9, 2017), the Special Workers’ Compensation Appeals Panel of the Supreme Court of Tennessee affirmed a trial court’s award of … Continue reading

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Tennessee Court Awards Permanent Total Benefits For Worker’s Migraines

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel recently affirmed a decision by a state trial court awarding an X-ray technician permanent and total disability benefits because of migraine headaches that the trial court had found were exacerbated … Continue reading

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2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared?

I read with great interest Bob Wilson’s post yesterday signaling that the Tennessee Opt Out “initiative” may be DOA this year.  Indeed, I’d been checking Bill Tracking Reports since the first of January and I had not seen any formal … Continue reading

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Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As Child

In an opinion not yet designated for publication [see Ireton v. Horizon Mental Health Mgmt., LLC, 2016 Tenn. LEXIS 3 (Jan. 19, 2016), a Tennessee appeals panel affirmed the denial of workers’ compensation benefits to a registered nurse of a … Continue reading

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Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers

The manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had stolen her her purse under a desk near the front … Continue reading

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South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers

A bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s employers—not just those who choose to set up written alternative … Continue reading

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Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?

Recent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is the employer’s establishment of an employee benefit plan (“EBP”) that … Continue reading

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Sunny Greetings from Isle of Palms, SC

Earlier today I had the pleasure of speaking at a “Spring Seminar” sponsored by Injured Workers’ Advocates, a group of South Carolina claimants’ attorneys who have gathered at the Isle of Palms resort near Charleston, SC for a few days … Continue reading

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