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

Case No. 2017-08-1070
Regular Panel Decision
Feb 15, 2018

Heard, April v. Carrier Corporation

This case involves April Heard, an employee of Carrier Corporation, who sustained a back and leg injury on August 24, 2017. Carrier accommodated her light-duty restrictions but she was subject to a seasonal layoff from September 1, 2017, to January 3, 2018. Heard sought temporary disability benefits for this period, arguing she was on light duty. The Court denied her request for temporary partial disability benefits, finding her inability to work during the layoff was due to the seasonal layoff, not her work restrictions. However, Carrier stipulated it would pay temporary total disability benefits for a period from October 26, 2017, through November 13, 2017, when Dr. Lonergan totally restricted her from work.

Workers' CompensationTemporary Disability BenefitsSeasonal LayoffLight-Duty RestrictionsTemporary Partial DisabilityTemporary Total DisabilityCollective Bargaining AgreementEmployment LawInjury ClaimMedical Restrictions
References
1
Case No. 2016-08-0678
Regular Panel Decision
Nov 04, 2016

Booze, Barbara v. Memphis Area Transit Authority

Ms. Barbara Booze, a sixty-year-old bus driver, suffered a work-related mental injury in September 2015 after witnessing a shooting. She received temporary total disability benefits from September 2, 2015, through May 3, 2016. Ms. Booze filed a Request for Expedited Hearing, seeking temporary disability benefits from May 3 to September 8, 2016, when she reached maximum medical improvement (MMI). The employer, Memphis Area Transit Authority (MATA), offered a light duty reservationist position, but Ms. Booze declined due to her anxiety related to buses. The Workers' Compensation Judge denied her claim, finding she did not provide sufficient medical proof of total disability or light duty restrictions to support entitlement to temporary partial disability benefits for the requested period.

Workers' CompensationTemporary Disability BenefitsPost-traumatic Stress DisorderPsychological InjuryMaximum Medical ImprovementReturn to WorkLight DutyExpedited HearingMedical EvidenceEmployer Accommodation
References
3
Case No. 2015-08-0106
Regular Panel Decision
Feb 22, 2016

McIntosh, Sarah Miles v. Randstad

The case involves an Expedited Hearing requested by Sarah Kaye Mcintosh, an employee, seeking temporary disability benefits from December 30, 2015, to January 18, 2016, for wrist injuries. Randstad, the employer, had previously been ordered to pay benefits. Ms. Mcintosh's authorized physician, Dr. Wm. Lee Moffatt, released her for light duty work after a December 8, 2015 deposition. Randstad offered this light duty work, but Ms. Mcintosh failed to accept it, stating she needed the deposition transcript to confirm the restrictions. Consequently, Randstad terminated benefits, though they were reinstated after her surgery on January 18, 2016. The Court denied her request for benefits for the disputed period, concluding she failed to attempt the offered light duty work.

Temporary Disability BenefitsLight Duty WorkMedical RestrictionsRefusal of Work OfferExpedited HearingTennessee LawCausal ConnectionMaximum Medical ImprovementWrist InjuryEmployer Liability
References
5
Case No. 2016-07-0074
Regular Panel Decision
Jul 17, 2017

Latch, Terry v. A&A Express

Terry Latch, a truck driver, sought medical and temporary disability benefits for a neck injury sustained at A&A Express. The employer contested causation and Mr. Latch's refusal of light duty. The Workers' Compensation Judge, crediting the treating neurosurgeon Dr. Parsioon over an IME, found the neck injury compensable, thus granting medical benefits, including approval for a proposed spinal fusion surgery. However, the court denied temporary disability benefits, ruling that Mr. Latch unreasonably refused the employer's offer of a light-duty desk position. The decision emphasizes the presumption of correctness afforded to treating physicians' opinions over one-time IME evaluations.

Workers' CompensationNeck InjurySpinal FusionLight Duty RefusalTemporary DisabilityMedical BenefitsCausation DisputeTreating PhysicianIndependent Medical ExaminationHerniated Disc
References
9
Case No. 2015-01-0281
Regular Panel Decision
Feb 22, 2016

Tucker, David v. Star Transportation

David E. Tucker, an employee, sought additional temporary partial disability benefits after sustaining a work-related cervical spine and right shoulder injury on July 1, 2015, while driving for Star Transportation. The core of the dispute revolved around Mr. Tucker's refusal to report for light-duty work at Star's terminal in Lavergne, Tennessee, citing a two-hour driving/riding restriction imposed by Dr. Matthew Lee, an orthopedic surgeon. Star Transportation had made accommodations, including offering to pay for lodging, mileage, and eventually flights home, which the Court deemed reasonable. The Court found Mr. Tucker's failure to accept the light-duty position less reasonable and, applying principles of workers' compensation law, concluded he was unlikely to prevail in his claim. Therefore, the Court denied Mr. Tucker's request for additional temporary partial disability benefits.

Temporary Partial Disability BenefitsExpedited HearingLight-duty workWork RestrictionsEmployee travelEmployer accommodationsWorkers' Compensation LawBurden of ProofCervical Spine InjuryRight Shoulder Injury
References
7
Case No. 2018-02-0048
Regular Panel Decision
Jul 27, 2018

Morrison, Leonard v. Walmart

Leonard Morrison, a Walmart loader, sustained a back injury on September 2, 2017, leading to light-duty restrictions from Greeneville Urgent Care and Dr. Nicholas Grimaldi. Despite Walmart offering alternative duty, Morrison alleged violations of his restrictions and insufficient work hours, while supervisors claimed he unilaterally violated restrictions and took unexcused absences. Morrison's request for a leave of absence due to pain was denied by Walmart, citing a lack of medical proof, resulting in his termination for not calling in during the pending leave period. He sought temporary disability benefits, arguing Walmart's non-compliance and his pain-induced inability to work full-time. The Court ultimately denied Morrison's request, finding insufficient evidence to prove entitlement to either temporary total disability, due to the absence of expert medical opinion, or temporary partial disability, as his self-limited hours and failure to adhere to company policy justified his termination.

Temporary Disability BenefitsBack InjuryWork RestrictionsUnexcused AbsencesTerminationMedical OpinionCausal ConnectionWorkplace RulesExpedited HearingWorkers' Compensation Claims
References
3
Case No. 2015-08-0488
Regular Panel Decision
May 26, 2016

Wright, Ezell v. Labor Ready

Ezell Wright, an employee of Labor Ready, sustained a work-related back injury on October 22, 2014, while moving a copier. He initially received authorized treatment, but Labor Ready later ceased authorization, leading Mr. Wright to seek private medical care. Eventually, Labor Ready authorized Dr. Fereidoon Parsioon, a neurosurgeon, who recommended physical therapy and a return visit after releasing Mr. Wright to full-duty work. However, Labor Ready failed to authorize the follow-up visit and did not provide temporary disability benefits or light-duty work during his restrictions, prompting Mr. Wright to file for an Expedited Hearing. The Court found Mr. Wright entitled to continued medical treatment with Dr. Parsioon and awarded temporary disability benefits from October 22, 2014, to September 21, 2015, totaling $10,674.64, along with an attorney's fee of $2,134.93.

Workers' Compensation JudgeExpedited HearingMedical BenefitsTemporary Disability BenefitsLumbar StrainBack InjuryAuthorized Treating PhysicianAverage Weekly WageWeekly Compensation RateAttorney's Fee
References
3
Case No. 2015-06-0110
Regular Panel Decision
Jun 02, 2015

Marsh, Michael v. MAYEKAWA USA

Michael Marsh filed a Request for Expedited Hearing seeking temporary disability benefits for a left shoulder injury sustained on September 2, 2014. The employer, Mayekawa USA, terminated Mr. Marsh for misconduct, fraud, dishonesty, and falsifying records related to a claim of having twin babies when only one was born. Mayekawa argued that light duty work would have been available but for the termination. Dr. Roy C. Terry, the authorized treating physician, initially released Mr. Marsh to light duty but later took him off work completely due to his financial distress and inability to find employment, not due to a medical change. The Court found that Mayekawa established that Mr. Marsh's misconduct was the sole motivation for his termination and that Mayekawa would have accommodated his light duty restrictions. The Court concluded that Mr. Marsh failed to establish total disability from working as a result of the work injury from January 23, 2015, through March 19, 2015. Therefore, the claim for temporary total disability benefits was denied.

Temporary Disability BenefitsWork-Related InjuryMisconduct TerminationFraudFalsifying RecordsLight Duty WorkMedical RestrictionsFinancial DistressWorkers' Compensation Judge DecisionCausal Connection
References
7
Case No. MISSING
Regular Panel Decision

Wilkins v. Kellogg Co.

This workers' compensation case before the Tennessee Supreme Court addresses the calculation of temporary partial disability benefits under Tennessee Code Annotated section 50-6-207(2). Employee Dorothy Wilkins sustained a shoulder injury while working for Kellogg Company and subsequently worked on light duty with reduced hours, but her hourly wage remained unchanged. The trial court awarded Wilkins temporary partial disability benefits based on her average weekly wage, leading to an award of $3,258.20. Kellogg appealed, arguing that the statute's specific language for temporary partial disability mandates a calculation based on the difference in hourly wages before and after the injury, not the average weekly wage. The Supreme Court reversed the trial court's decision, holding that the statutory text for temporary partial disability benefits has a unique calculation method that does not incorporate the average weekly wage definition. Consequently, since Wilkins's hourly wage did not change, she was not entitled to any temporary partial disability benefits. The Court emphasized that a literal interpretation of the statute aligns with legislative intent and promotes beneficial light duty programs, which ultimately provided Wilkins with more compensation than statutory benefits would have.

Workers' CompensationTemporary Partial DisabilityWage CalculationStatutory InterpretationAverage Weekly WageHourly RateLight Duty ProgramTennessee LawSupreme CourtEmployer Incentive
References
14
Case No. 2017-06-0598
Regular Panel Decision
Nov 01, 2017

Bonhama, Richard v. Merryman-Farr

Richard Bonhama, an employee of Merryman-Farr, filed a request for an expedited hearing seeking temporary disability benefits following a left-shoulder injury in July 2014 and subsequent surgery in May 2015. He was offered light-duty work but refused, citing inability to drive, pain medication use, and physical restrictions. The employer, Merryman-Farr, testified they could accommodate all restrictions. The Court denied Bonhama's request, finding his refusal to accept the modified-duty offer unreasonable, as he failed to provide sufficient evidence to support his claims, and the employer had no legal duty to provide transportation.

Temporary Disability BenefitsLight-duty WorkRefusal to Return to WorkReasonableness StandardExpedited HearingShoulder InjuryModified DutyMedical RestrictionsTransportation IssuesTermination of Employment
References
4
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