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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2017-07-0644
Regular Panel Decision
Jun 05, 2018

Polk, Ricky v. Delta Faucet

Ricky Polk sought medical benefits for a May 22, 2017, work-related injury, which Delta Faucet denied based on his alleged falsification of a drug test. Polk was terminated after a testing nurse discovered a concealed urine container during a drug test on June 7, 2018. The Court found that the drug test, administered sixteen days post-injury, did not adhere to the Tennessee Drug Free Workplace Program's timing requirements. Consequently, the Court ruled in favor of Polk, stating he is entitled to medical benefits and ordered Delta Faucet to provide a panel of physicians for his evaluation.

Workers' CompensationDrug TestExpedited HearingMedical BenefitsFalsificationEmployee TerminationDFWPTennessee LawProximate CausePanel of Physicians
References
2
Case No. Docket No. 2017-07-0073; State File No. 81955-2016
Regular Panel Decision
Apr 20, 2018

Kizer, Jared v. Express Services, Inc.

Employee Jared Kizer suffered an amputation injury to his right hand while operating a machine for Express Services, Inc., a participant in Tennessee's Drug-Free Workplace Program. Following a positive post-accident drug test for THC, the employer denied the claim. The trial court initially concluded the employee rebutted the presumption that his drug use was the proximate cause of the injury by clear and convincing evidence. However, the Workers’ Compensation Appeals Board reversed this decision, finding the employee failed to meet the burden of proving by clear and convincing evidence that his drug use was not the proximate cause, despite issues with machine guarding and employee training also being noted. The case was remanded for further proceedings.

Workers' CompensationDrug-Free Workplace ProgramProximate CauseAmputation InjuryMachine SafetyTHC Positive TestToxicology ReportMedical Expert TestimonyOccupational Safety and Health Administration (OSHA) ReportStatutory Presumption
References
16
Case No. 2017-07-0073
Regular Panel Decision
Feb 09, 2018

Kizer, Jared v. Express Employment

Mr. Kizer, an employee, sustained a right-hand amputation while operating a machine at Pinnacle Foods, a client of his employer, Express Employment. His claim for workers' compensation was initially denied by Express, a participant in the Tennessee Drug Free Workplace Program, due to a positive post-accident drug test for THC. Mr. Kizer argued the injury was caused by a machine malfunction and inadequate training, not drug impairment. The Court found Mr. Kizer successfully rebutted the statutory presumption that drug use was the proximate cause, citing evidence of machine defects, lack of proper safety training, and expert testimony disputing impairment at the time of injury. Consequently, the Court ordered Express to pay for Mr. Kizer's medical bills and ongoing treatment, designating Dr. Michael Dolan as the authorized treating physician. However, his request for temporary disability benefits was denied due to insufficient evidence regarding his eligibility for such benefits.

Workers' CompensationMedical BenefitsTemporary DisabilityDrug Free Workplace ProgramIllegal Drug UseProximate CauseMachine MalfunctionAmputationRight Hand InjurySafety Protocols
References
7
Case No. 2017-07-0224
Regular Panel Decision
Feb 08, 2018

Bowlin, Nicole v. Servall, LLC

The employee, Nicole Bowlin, was injured in a motor vehicle accident while traveling for work. Her employer, Servall, LLC, denied workers' compensation benefits, claiming a presumption that Bowlin's post-accident marijuana use caused her injuries, based on their supposed participation in the Drug-Free Workplace Program. The trial court found Servall was not actively enrolled in the program at the time of the accident and thus not entitled to the presumption, ordering medical benefits and attorney's fees for outstanding medical bills. On appeal, the Workers’ Compensation Appeals Board affirmed the trial court's finding that Servall was not a program participant and could not claim the presumption of causation. However, the Board vacated the award of attorney's fees, deeming it premature, and remanded the case for further proceedings.

Workers' CompensationDrug-Free Workplace ProgramMotor Vehicle AccidentIntoxication DefenseAttorney's FeesProximate CauseStatutory InterpretationEmployer LiabilityEmployee BenefitsMedical Bills
References
0
Case No. M2005-02050-CCA-R3-CD
Regular Panel Decision
Mar 06, 2006

State of Tennessee v. Marshall Ward Howell

The defendant, Marshall Ward Howell, appealed the revocation of his community corrections sentence, which was originally imposed after a guilty plea to sale of a controlled substance. The trial court revoked his sentence based on a positive cocaine drug test from his employer, Cooper Steel. Howell argued the test results were inadmissible under Tennessee Code Annotated section 50-9-109(c). The appellate court ruled that a community corrections revocation is a 'criminal proceeding' but found Howell failed to prove his employer qualified under the Drug-Free Workplace Program statute. Additionally, the court found the drug screen results were properly admitted, satisfying statutory requirements for affidavits and good cause for the technician's absence. The appellate court concluded that the trial court did not abuse its discretion in revoking the sentence.

Criminal LawCommunity CorrectionsProbation RevocationDrug Test AdmissibilityControlled SubstanceDue ProcessAppellate ReviewAbuse of DiscretionStatutory InterpretationAffidavit Evidence
References
26
Case No. 2022-08-1388
Regular Panel Decision
Aug 15, 2023

Bishop, William v. ARJ, INC. d/b/a MR. ROOTER PLUMBING

William Bishop, an employee, sought medical benefits for a right arm, elbow, and shoulder injury sustained after falling from a ladder. The employer, ARJ, Inc., denied the claim, asserting participation in a Drug Free Workplace Program (DFWP) and alleging Mr. Bishop refused a drug test. The Court found ARJ did not submit sufficient proof of DFWP participation covering Mr. Bishop's injury date, noting the DFWP application was under a different legal entity. Consequently, ARJ failed to prove Mr. Bishop's injury was due to intoxication or drug use. The Court also determined that the recommended elbow surgery by Dr. Thompson was medically necessary, despite not strictly following official disability guidelines, as it was reasonably derived from them. The Court granted Mr. Bishop's request for medical benefits, including the elbow surgery, but declined to award attorney's fees at this interlocutory stage.

Drug Free Workplace ProgramMedical BenefitsElbow SurgeryMedical NecessityUtilization ReviewAuthorized Treating PhysicianPresumption of Medical NecessityAttorney's FeesExpedited HearingProximate Cause
References
4
Case No. 2017-07-0224
Regular Panel Decision
Sep 28, 2017

Bowlin, Nicole v. Servall Pest Control

This case concerns Nicole D. Bowlin's request for workers' compensation benefits after sustaining injuries in an automobile accident while working for Servall Pest Control. Servall denied the claim, alleging Ms. Bowlin's willful misconduct due to marijuana use and citing its participation in the Tennessee Drug Free Workplace Program (DFWP). However, the Court determined that Servall was not certified under the DFWP at the time of the accident and failed to prove that Ms. Bowlin's drug use was the proximate cause of her injuries. Consequently, the Workers' Compensation Judge ordered Servall to provide Ms. Bowlin with medical treatment and pay her outstanding medical bills. Requests for temporary total disability benefits and attorney's fees were denied at this interlocutory stage, reserving further consideration for the final resolution of the case.

Workers' Compensation ClaimsAutomobile Accident InjuryDrug-Free Workplace Program (DFWP)Marijuana UseProximate CauseMedical BenefitsTemporary Disability BenefitsAttorney's FeesCervical FracturesOrthopedic Surgeon
References
3
Case No. MISSING
Regular Panel Decision
Apr 01, 2015

People v. Brian M.

Brian M., a 19-year-old, was charged with a drug sale and pleaded guilty, but struggled significantly with drug addiction and mental health issues. Through the persistent efforts of the Andrew Glover Youth Program and a therapeutic remand, he underwent a complete transformation, completing an inpatient program, becoming drug-free, enrolling in college, and securing full-time employment. Despite the People's opposition, Judge Thomas Farber granted Brian M.'s motion to dismiss the indictment in the interests of justice. The court recognized the compelling reasons for judicial intervention, citing Brian M.'s successful rehabilitation, the non-violent nature of his crime, and the severe, lasting negative impact a felony conviction would have on his life, ensuring he could become a productive citizen.

Drug AddictionMental HealthYouthful OffenderRehabilitationIndictment DismissalInterests of JusticeCriminal Procedure LawNew YorkSentencing ReformNon-violent Crime
References
2
Case No. MISSING
Regular Panel Decision

Merrick Union Free School District v. Merrick Faculty Ass'n

This case concerns a dispute between the Merrick Faculty Association and the Merrick Union Free School District over health insurance benefits. The Association challenged the District's denial of dual family health insurance to employees whose spouses had New York State Health Insurance Program (NYSHIP) coverage through other public employers, citing a Civil Service Policy Memo. An arbitrator sustained the grievance, invalidating part of their collective bargaining agreement (CBA). While the Supreme Court initially vacated the award, the appellate court modified this decision, finding the arbitrator did not exceed authority in invalidating the CBA provision, but did exceed it in crafting a prospective remedy that bypassed the CBA's negotiation clause. The case was remitted to direct the arbitrator to devise a prospective remedy consistent with the CBA.

collective bargaining agreementhealth insurancearbitration awardjudicial reviewpublic policyarbitrator authorityprospective remedyretroactive remedyNew York State Health Insurance ProgramCivil Service Policy Memo
References
13
Case No. 2015-08-0001 / 78521-2014
Regular Panel Decision
Apr 16, 2015

Ellis, John v. A Air-One Service

This interlocutory appeal concerns an employee who suffered a back injury while working as an HVAC service technician. The employer denied the workers' compensation claim, citing a positive drug test and its status as a certified drug-free workplace. However, a subsequent drug test yielded a negative result. The trial court determined that the employer's defense of illegal drug use, as codified in Tennessee Code Annotated section 50-6-110(a)(3), was not supported by the evidence. The Workers' Compensation Appeals Board reviewed the record and affirmed the trial court's decision, finding that the employee had successfully rebutted the statutory presumption that illegal drug use was the proximate cause of the injury with clear and convincing evidence. The case has been remanded for further necessary proceedings.

Workers' Compensation AppealsEmployee Injury ClaimEmployer Drug PolicyDrug Test ResultsIllegal Drug Use DefenseProximate Cause of InjuryRebuttal of PresumptionHerniated Disk SurgeryHVAC Service IndustryTennessee Workers' Comp Law
References
5
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