In what could be seen as a rare win for the claimants' bar in Tennessee, the state Supreme Court upheld a $50,500 award of attorney fees, an amount that
In what could be seen as a rare win for the claimants' bar in Tennessee, the state Supreme Court upheld a $50,500 award of attorney fees, an amount that
05/19/21
Jane Salem
The Tennessee Workers Compensation Appeals Board has issued two opinions on summary judgment that should be required reading for anyone moving for or opposing this type of motion.
In both cases, the Board examined the moving parties pleadings closely and concluded that grants of summary judgment were improper because the movants never met their burdens of production.
Further, in both cases, the employers argued that the self-represented employees couldn t prove medical causation, but the documentation the employers relied on didn t say whether the injury arose primarily out of employment or use similar wording.
Doris Gibbs v. Express Services, Inc.
04/13/21
Last week, the Tennessee Supreme Court issued an
order declining to review a case where a Special Workers Compensation Appeals Panel had adopted an Appeals Board opinion in whole.
The high court s per curiam order means the Panel decision is final in Boutros v. Amazon.com DEDC, LLC.
In the case, Nesreen Boutros suffered a work-related injury to her neck and right arm and shoulder while working as a package handler for Amazon in April 2015. Ultimately, the case was tried in October 2019, after which the trial judge awarded approximately $30,000 in past temporary disability benefits.
Amazon appealed to the Tennessee Workers Compensation Appeals Board, which affirmed.