TNSIA News

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The Division of Workers’ Compensation has received several questions and concerns regarding a recent Tennessee Supreme Court case, Overstreet v. TRW, as it applies to ex parte communications with an injured employee’s treating physician.  The Tennessee Supreme Court held that an injured employee has the benefit of confidentiality with a treating physician.  Accordingly, agents and/or representatives of the employer [...]

A local trial court has set aside a settlement that was effectuated at a Benefit Review Conference and signed by a specialist at the Department of Labor. The settlement was reached following a mediation. The parties entered into and executed a Settlement Agreement which, under the Workers’ Compensation Act, has the same authority as a [...]

In Pirtle v. Humboldt Utilities, No. W2005-02075-SC-WCM-CV (Tenn. Workers’ Comp. Panel Aug. 21, 2006), the Workers’ Compensation Appeals Panel reversed a judgment of the trial court which erroneously combined awards for an employee’s hand and back injuries. The Panel affirmed the trial court finding that both injuries were compensable.
In Pirtle, the Gibson County Chancery Court [...]

In a ruling that provides a stamp of validity to the 2004 Workers’ Compensation Reform Act, the Tennessee Supreme Court has held the Act to be fully constitutional.  The Court’s rulings in JerryWayne Lynch v. City of Jellico, No. E2006-00208-SCR3-CV (Tenn. Aug. 30, 2006) and David A. Lozano v. Lincoln Memorial University, No. E2-6-00207-SC-R3-CV (Tenn. [...]