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Case Law Database

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

Case No. 2015-05-0294
Regular Panel Decision
Dec 07, 2015

Fouse, Benjamin v. City of Murfreesboro

Benjamin Fouse, a seasonal worker for the Murfreesboro Parks and Recreation Department, sought medical and temporary disability benefits after contracting histoplasmosis. The infection arose after Fouse cleaned a barn containing bird droppings and decaying organic matter, leading to significant dust exposure. Medical professionals, including Dr. Ward Houck and Dr. Randal Rickard, affirmed the occupational exposure as the cause of his illness, which included pulmonary histoplasmosis and required a lobectomy. The City of Murfreesboro, despite arguing the widespread nature of histoplasmosis, provided no countering medical evidence. The Court found Fouse likely to prevail, ordering the City to cover all reasonable and necessary medical expenses and pay temporary total disability benefits.

Occupational DiseaseHistoplasmosisPulmonary InfectionTemporary DisabilityMedical BenefitsCausationExpedited HearingEmployer LiabilityDust ExposureTennessee Workers' Compensation
References
6
Case No. M2009-01347-COA-R3-CV
Regular Panel Decision
Jul 09, 2010

Betts Nixon v. City of Murfreesboro

Betts Nixon, a city employee, challenged her dismissal for violating the city's drug and alcohol policy after a blood alcohol test showed a level significantly above the permitted limit. The trial court affirmed the city's disciplinary review board's decision, which Nixon appealed, raising arguments concerning de novo review, estoppel, due process, and the sufficiency of evidence. The appellate court concluded that the review was properly conducted under the Uniform Administrative Procedures Act. Ultimately, the court found substantial and material evidence supported the disciplinary review board's decision to terminate her employment and affirmed the trial court's decision.

Employment LawTermination of EmploymentDrug and Alcohol PolicyAdministrative LawJudicial ReviewDue ProcessEquitable EstoppelAbuse of DiscretionSubstantial EvidencePublic Employee
References
22
Case No. MISSING
Regular Panel Decision
May 17, 1984

Travis v. City of Murfreesboro

This worker's compensation case involves the City of Murfreesboro (defendant) appealing a trial court's decision regarding post-judgment relief under T.R.C.P. 60.02(1). An initial Agreed Order of Settlement on March 31, 1982, awarded the plaintiff $29,000 and required the City to continue health insurance premiums. The City sought relief, claiming a mistake regarding Blue Cross health insurance coverage, as it was self-insured and considered the agreement impossible to perform. After some procedural back-and-forth, the trial court ultimately sustained the original settlement order and overruled the City's motion to reconsider. The Supreme Court affirmed the trial court's judgment, finding no abuse of discretion in denying Rule 60.02(1) relief, as the defendant failed to justify the mistake or demonstrate impossibility of performance.

Worker's CompensationPost-judgment ReliefRule 60.02Mistake of FactImpossibility of PerformanceSelf-Insured EmployerHealth Insurance BenefitsAgreed Order of SettlementAbuse of DiscretionAppellate Review
References
2
Case No. 2019-05-1274
Regular Panel Decision
Jun 26, 2020

Mathis, Melinda v. Murfreesboro Medical Clinic

Melinda Mathis, a receptionist at Murfreesboro Medical Clinic, fell and broke her femur while on a break to assist her father. She claimed to have tripped over a hand sanitation station that was out of place. However, testimony from the safety coordinator and affidavits from other employees, along with Ms. Mathis's own recorded statement given shortly after the incident, indicated uncertainty regarding the cause of her fall. The Court found that Ms. Mathis failed to prove her injury arose primarily out of her employment due to inconsistencies in her accounts. Consequently, her request for medical and temporary disability benefits was denied.

Expedited HearingPersonal Comfort DoctrineCourse and Scope of EmploymentArising Out of EmploymentCausationBurden of ProofCredibility AssessmentMedical BenefitsTemporary Disability BenefitsFall Injury
References
5
Case No. 2020-05-0836
Regular Panel Decision
Dec 15, 2021

ABDELSHAHAED, REAZKALLAH v.Taylor Farms

The Tennessee Court of Workers' Compensation Claims at Murfreesboro denied benefits to employee Reazkallah Abdelshahaed in his claim against employer Taylor Farms and carrier American Zurich Ins. Co. Judge Dale Tipps issued the order on December 15, 2021, following a hearing on December 9, 2021. The Court determined that Mr. Abdelshahaed failed to meet his burden of proof by not providing medical evidence demonstrating that his right hand injury primarily arose out of and in the course and scope of his employment. The decision emphasized that the Court cannot formulate expert medical opinions without proper medical proof of causation.

Workers' Compensation ClaimInjury CausationBurden of ProofMedical BenefitsDisability BenefitsEmployment-Related InjuryTennessee Workers' CompClaim DenialMedical EvidencePanel of Physicians
References
3
Case No. 2015-05-0308
Regular Panel Decision
Oct 01, 2015

McNeill, Dolores v. Trustpoint Hospital, LLC

Dolores McNeill, an LPN, sought medical and temporary disability benefits after suffering physical and mental injuries from two patient assaults at Trustpoint Hospital. She requested a new orthopedic panel due to her physician's retirement, psychiatric treatment for her diagnosed PTSD and depressive disorder, and temporary disability benefits. Judge Dale Tipps of the Court of Workers’ Compensation Claims at Murfreesboro granted the request for a new orthopedic panel for her physical injuries. However, her requests for psychiatric treatment and temporary disability benefits were denied, primarily due to the lack of an authorized treating physician's referral for psychiatric care and her having reached maximum medical improvement for her physical injuries.

Workers' CompensationExpedited HearingMedical BenefitsPsychiatric InjuryPTSDKnee InjuryTibial Plateau FractureTemporary DisabilityPanel of PhysiciansIndependent Medical Examination
References
3
Case No. 2021-05-0400
Regular Panel Decision
Jun 01, 2022

Grissom, Benjamin v. AT&T Services, Inc.

The Court of Workers’ Compensation Claims at Murfreesboro heard an expedited request from Benjamin Grissom against AT&T Services, Inc. and Old Republic Ins. Co. Grissom sought medical benefits for suprascapular neuropathy, contending it was primarily caused by his August 2020 work injury. Judge Dale Tipps determined that Dr. John Dorizas's medical opinion sufficiently established causation, finding it more persuasive than the previous physician's assessment. The Court ordered AT&T to continue providing medical treatment with Dr. Dorizas for Grissom's condition and to reimburse him $1,902.14 for out-of-pocket medical expenses. A status hearing is set for July 27, 2022.

Workers' CompensationExpedited HearingMedical BenefitsSuprascapular NeuropathyCausationTennessee LawWork InjuryRotator CuffNerve EntrapmentUnauthorized Treatment
References
2
Case No. 2015-05-0600
Regular Panel Decision
Nov 01, 2016

Rohrenbach, Terry v. Yates Services

Terry Rohrenbach, an employee of Yates Services, suffered a left shoulder injury in September 2015 while working on an assembly line. The employer, Yates Services, and its insurer, Travelers Ins., denied the workers' compensation claim, arguing the injury was degenerative and not work-related. A Compensation Hearing was held before Judge Dale Tipps in Murfreesboro. The Court found Mr. Rohrenbach's injury compensable, determining it arose primarily out of his employment and he is entitled to medical, temporary, and permanent partial disability benefits, overruling the statutory presumption afforded to the employer-selected physician's opinion. The court calculated specific amounts for benefits, including a 4% whole person impairment rating based on the AMA Guides.

Workers' CompensationShoulder InjuryRotator Cuff TearMedical BenefitsTemporary DisabilityPermanent Partial DisabilityImpairment RatingAMA GuidesCausationPreponderance of Evidence
References
10
Case No. 2015-05-0342
Regular Panel Decision
Dec 14, 2015

Campbell, Beverly v. Century Mold Co., Inc.

Beverly Campbell, an employee of Century Mold Co., Inc., sought medical and temporary disability benefits for back, shoulder, and wrist pain. Her claim, heard at an expedited hearing in Murfreesboro, was denied. The court found that Ms. Campbell failed to demonstrate that her injuries arose primarily out of and in the course and scope of her employment, a requirement under Tennessee Workers' Compensation Law. This decision largely relied on the medical opinion of Dr. James Johnson, an orthopedic specialist, who stated that more than 50% of Ms. Campbell’s pain was due to pre-existing conditions unrelated to work. The court ruled that Dr. Johnson’s opinion carried a rebuttable presumption of correctness, which was not overcome by other medical evidence presented by Ms. Campbell.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Disability BenefitsCausationPre-existing ConditionRebuttable PresumptionMedical OpinionBurden of ProofDegenerative Condition
References
5
Case No. 2017-05-0963
Regular Panel Decision
Feb 04, 2019

Turnage, Clarence v. Dole Referigerating Co., Inc.

The Tennessee Court of Workers' Compensation Claims at Murfreesboro heard a case regarding death benefits for the minor children of Clarence Turnage, who died from a work-related injury. The central issue was whether Noah and Sarah Turnage, Mr. Turnage's biological children adopted by his mother, were entitled to benefits. The Court ruled that Noah and Sarah were not entitled to benefits, as their parental rights with Mr. Turnage had been terminated, and they did not meet the criteria for conclusive, actual, or partial dependency. However, Mr. Turnage's biological son, Elijah Turnage, was deemed wholly dependent and awarded weekly benefits of $320.46. The claims of Noah and Sarah were dismissed with prejudice, while Dole Refrigeration Co. was ordered to pay benefits to Elijah.

Workers' CompensationDeath BenefitsDependencyMinor ChildrenAdoptionParental RightsActual DependencyPartial DependencyTennessee LawStatutory Interpretation
References
4
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