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Idiopathic Injuries

Idiopathic Injuries

August 23, 2018

By: Courtney Paterson “An idiopathic injury is one that has an unexplained origin or cause, and generally does not arise out of the employment unless ‘some condition of the employment presents a peculiar or additional hazard.’” McCaffery v. Cardinal Logistics, No. 2015-08-0218, 2015 TN Wrk. Comp. App. Bd. LEXIS 50, at *9 (Tenn. Workers’ Comp. …Read More


Jared Renfroe Secures Victory for Client Using Rare Safety and Willful Misconduct Defenses

July 10, 2018

Jared Renfroe, an attorney in Spicer Rudstrom’s Memphis office, recently secured a defense judgment in favor of his client in the Tennessee Court of Workers’ Compensation Claims at Nashville. The decision was not appealed, so it has become a final judgment. The facts of the case involve a 10-year employee of a truck stop who …Read More


Enhanced Permanent Partial Disability Benefits

June 26, 2018

By: Courtney Paterson Tenn. Code Ann. § 50-6-242 – provides that in “extraordinary cases” in which the injured worker is entitled to increased benefits pursuant to Tenn. Code Ann. § 50-6-207(3)(B), the employee may be entitled to up to 275 weeks of benefits multiplied by his or her compensation rate instead of being awarded the …Read More

Categories: Workers' Compensation

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What are Idiopathic Injuries?

February 28, 2018

By: Amy Markham In a workers’ compensation case in Arkansas, a claimant (injured worker) is charged with the burden of showing that the claimed injury was caused by his or her employment. However, issues of causation are not always straight-forward. In some cases, an employer or its workers’ compensation insurer may deny a workers’ compensation …Read More


Tom Smith and Lance Thompson Secure Victory for Client!

February 27, 2018

Congratulations to Nashville attorneys, Tom Smith and Lance Thompson, on their recent victory at the TN Supreme Court Special WC Panel.  Check out the full recap here.         Sign Up, Stay Informed!


The “Escape Clause” Clarified: What it Means for Employers and Injured Workers in Tennessee

February 15, 2018

Summary by: Jared Renfroe The Tennessee Bureau of Workers’ Compensation Appeals Board decided a very significant case on February 6, 2018. The case title is Christopher Batey v. Deliver This, Inc., et al., and it was heard by the Appeals Board upon both parties’ appeal of the decision of the Honorable Thomas Wyatt, Judge with …Read More


Employers May Have to Pay Workers’ Compensation Benefits for Injuries Occurring After Termination of Employment

January 8, 2018

By: Jared Renfroe Melissa Duck v. Cox Oil Co., No. W2016-02261-SC-WCM-WC (Tenn. Workers’ Comp. Panel Sept. 19, 2017) In this case, the employee clocked in for work but then refused to do her duties requested by her supervisor. She promptly gathered her things and was walking toward the door to leave, and her supervisor asked …Read More


3 Spicer Rudstrom Attorneys Named Super Lawyers

November 20, 2017

Nashville, TN (November 20, 2017): Once a year, Super Lawyers publish an exclusive state-by-state list of “credible, comprehensive and diverse outstanding attorneys”, which no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.  Spicer Rudstrom Memphis attorneys, Newton Anderson and Jared …Read More


Stay Informed: Workers’ Comp Appeals Board Decisions

By: Courtney Paterson DeWayne Burnette, Sr. v. WestRock, et al.                                      Docket No. 2016-01-0670 Filed October 31, 2017 State File No. 87860-2016 Posture: This is a case before the Appeals Board on interlocutory appeal filed by the employer, and …Read More


Quickly-Approaching Deadline to File Claims with D&PT Disability Trust Fund – Changes You Need to Evaluate

November 15, 2017

By: Whitney James Before May of 2016, Arkansas workers’ compensation attorneys long wondered about the future of the state’s Death and Permanent Total Disability Trust Fund.  I can recall numerous conversations regarding how the Fund would be able to continue to pay claims.  Now that 2017 is coming to a close, it seems like a …Read More


Jared Renfroe Secures Victory for Client at the Tennessee Supreme Court

November 14, 2017

Jonathan Engler v. Able Moving Company, Et Al. W2016-02125-SC-R3-WC (Oct. 30, 2017) In this case, the employee injured his back as a result of lifting a piano and boxes of books while working for the employer, a local family-owned moving company. The employee was actually the son of the owner of the company. The employer accepted …Read More


Two Recent Workers’ Comp Appeals Board Decisions

November 8, 2017

Summaries by: Courtney S. Paterson William Baumgardner v. United Parcel Service, Inc., et al. Docket No. 2015-05-0619 Filed October 18, 2017 State File No. 89624-2014 Posture: This is a case before the Appeals Board on an interlocutory appeal filed by the employee, and the dispute was whether the employee suffered a permanent impairment rating as …Read More


The Latest Workers’ Comp TN Appeals Board Decisions

October 16, 2017

Workers’ Comp summaries by Courtney S. Paterson Betsy Jones v. Dollar General, et al.                                             Filed September 22, 2017 Docket No. 2017-07-0074      State File No. 910-2017 Posture: This is a case before the Appeals Board …Read More


A Bakery, An Injury, A Workers’ Comp Claim – The Little Details Matter!

October 11, 2017

By: Amy Markham Patricia Armstrong was working in a bakery on December 24, 2006 when a co-worker standing on ladder dropped a twenty-pound box of frozen pies striking Ms. Armstrong on her face and left shoulder. In her workers’ compensation claim she alleged injuries to her shoulder and neck and substantial treatment to her shoulder, …Read More


Tennessee Workers’ Compensation Appeals Board Decides 2 Cases Involving Injured Workers’ Entitlement to Ongoing Future Medical Treatment

October 10, 2017

By: Jared Renfroe In two recent cases decided by the Tennessee Workers’ Compensation Appeals Board, the court was called upon to decide issues of whether an injured worker was entitled to future medical treatment when the authorized treating physician either refused to continue seeing the employee after the employee reached maximum medical improvement, or when …Read More


Authorized Treating Physician’s Opinions Create Genuine Issue of Material of Fact as to Employee’s Pre-Existing Condition: Workers’ Compensation Appeals Board Summary, Terry Lamm v. E. Miller Construction, Inc.

June 8, 2017

By Jared S. Renfroe Terry Lamm v. E. Miller Construction, Inc. Docket No. 2015-01-0429 State File No. 64870-2015 Filed June 2, 2017 In this case, the Appeals Board affirmed the trial court’s order denying summary judgment to the employer on the basis that there was a genuine issue of material fact as to whether the …Read More

Categories: News Workers' Compensation

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Pro Se Litigants Must Comply with Substantive and Procedural Rules that Represented Parties are Expected to Observe: Workers’ Compensation Appeals Board Summary, Lee Walton v. Averitt Express, Inc.

June 7, 2017

By Jared S. Renfroe Lee Walton v. Averitt Express, Inc. Docket No. 2015-08-03-6 State File No. 60505-2015 Filed June 2, 2017 This case presents yet another appeal in which an unrepresented employee did not submit an argument on appeal or the transcript from the compensation hearing, preventing the Appeals Board from conducting a meaningful appellate …Read More

Categories: News Workers' Compensation

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Particular Language Not Required for Causation, but Requirements of the Statute Must Be Met: Workers’ Compensation Appeals Board Summary, Samuel Panzarella v. Amazon.com, Inc.

June 6, 2017

By Jared S. Renfroe Samuel Panzarella v. Amazon.com, Inc. Docket No. 2015-01-0383 State File No. 79681-2015 Filed May 15, 2017 This case was decided by the Appeals Board with a unique procedural history. Ultimately, the trial court declined to award benefits, and the Appeals Board affirmed, due to the employment not contributing more than 50 …Read More


Appeals Board Declines to Speculate what Error Employee Believed Trial Court Made in Knee Injury Claims: Workers’ Compensation Appeals Board Summary, Jacqueline Keyes v. Bridgestone Americas

June 5, 2017

By Jared S. Renfroe Jacqueline Keyes v. Bridgestone Americas   Docket No. 2016-06-2007 File No. 58630-2016 Filed May 18, 2017 This case involves an appeal to the Appeals Board for an injury claim that was never before the trial court, so the Appeals Board could not perform appellate review and affirmed the order of the trial …Read More

Categories: News Workers' Compensation

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Presumption of Correctness Afforded to the Authorized Treating Physician over the Independent Medical Examiner: Workers’ Compensation Appeals Board Summary, Clarence Bass v. The Home Depot U.S.A., Inc., et al.

By Courtney S. Paterson Clarence Bass v. The Home Depot U.S.A., Inc., et al. Docket No. 2016-06-1038 State File No. 59924-2014 Filed May 26, 2017 Posture This is a case before the Appeals Board on interlocutory appeal filed by the employee, and the dispute was whether the employer should be required to provide medical benefits. …Read More

Categories: News Workers' Compensation

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