Employee was injured in an automobile accident in the course and scope of his employment with Employer. The authorized treating physician and an authorized second opinion physician concluded that Employee suffered zero percent (0%) permanent impairment from his injury and released Employee to return to work. Employee did not successfully return to work and sought private medical treatment, including an independent medical examination (“IME”). The Employee’s IME physician assigned a seven percent (7%) permanent impairment rating. Employer then sought an independent medical evaluation from a physician chosen from the Medical Impairment Registry (“MIR”). The MIR physician assigned a two percent (2%) permanent impairment rating. The trial court adopted the seven percent (7%) permanent impairment rating and awarded permanent partial disability benefits based on a multiplier of three, having determined Employee failed to make a meaningful return to work, for an award of 21% permanent partial disability to the body as a whole. The court further awarded 104 weeks of temporary total disability benefits and certain discretionary costs. Employer has appealed, arguing that the trial court erred in adopting the rating of Employee’s IME physician rather than the MIR physician’s rating; in determining Employee did not make a meaningful return to work; in awarding extended temporary total disability benefits; and in awarding Employee his discretionary costs. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Following our review of the trial court’s judgment and the record on appeal, we modify in part, affirm in part, and reverse in part.

Kenneth Brian Coates (“Employee”) worked as a feed mill supervisor for Tyson Foods, Inc. (“Employer”). On June 6, 2013, Employee was using a sledge hammer to help unload soybean meal from a railcar when he started to feel pain in his elbows. Employee sought treatment with his family physician, who diagnosed him with tennis elbow in both arms, and informed him that his symptoms may resolve. On December 23, 2014, Employee met with an orthopedic surgeon who recommended surgery. The surgery was performed on Employee’s right elbow in January 2015 and on his left elbow in March 2015. Employee did not miss any work related to his injury until the date of his first surgery. Employee did not return to work for Employer following his surgeries. Employee filed a Request for a Benefit Review Conference with the Tennessee Department of Labor, which resulted in an impasse. Employee brought suit, and the trial court awarded him back temporary total disability benefits and permanent partial disability benefits. Relevant to the issues on appeal, the trial court determined that Employee’s claim was timely filed and that he did not have a meaningful return to work. Employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

The only issue in this workers’ compensation appeal is whether the trial court erred in awarding attorney’s fees. An employee sustained a compensable injury to her back at work. The settlement agreement resolving her workers’ compensation claim required her employer to pay her future medical expenses. When her employer refused to pay for prescribed pain medication, she filed a petition for contempt and to compel payment. After her employer reversed its denial of payment, the trial court awarded her $7,500 in attorney’s fees. We affirm the judgment and remand the case to the trial court for determination of reasonable attorney’s fees to be awarded to the employee for this appeal.

This workers’ compensation appeal requires us to determine whether Employee elected to receive workers’ compensation benefits pursuant to Texas law and is, therefore, precluded from recovering in Tennessee under the doctrine of election of remedies. The trial court applied the election of remedies doctrine based on the Employee’s filing of a Texas Department of Insurance, Division of Workers’ Compensation Form-041, titled “Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease” (“Claim for Compensation”) with the Texas Department of Insurance (“TDI”), his filing of a “Request to Schedule, Re-Schedule, or Cancel a Benefit Review Conference (BRC)” (“Request to Schedule a Benefit Review Conference” or “Request”) with the TDI, his consultation with an ombudsman in the Texas Office of Injured Employee Counsel, and his “knowing and voluntary” acceptance of temporary total and medical benefits issued pursuant to Texas law. The trial court therefore determined that Employee was precluded from recovering workers’ compensation benefits in Tennessee. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After careful consideration, we affirm the judgment of the trial court.

August Hedrick suffered injuries to his back and shoulder in the course of his employment with Penske Truck Leasing Corporation (“Employer”). The trial court found that Mr. Hedrick is permanently and totally disabled as a result of these injuries. Employer concedes that Mr. Hedrick suffered work-related injuries but argues that the evidence preponderates against the trial court’s judgment as to permanent and total disability. The appeal has been referred to this Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After reviewing the evidence, we affirm the trial court’s judgment.

A Georgia resident, employed by a Tennessee company, filed a workers’ compensation claim in Georgia for an injury he sustained in Tennessee. Later, the employee also filed a workers’ compensation claim in Tennessee for the same injury. The Georgia State Board of Workers’ Compensation dismissed the Georgia claim for lack of subject matter jurisdiction. The Tennessee Court of Workers’ Compensation Claims held that the employee’s claim was not barred based on the election of remedies doctrine. In a split decision, the Workers’ Compensation Appeals Board reversed, holding that the employee’s claim was barred because he had first pursued a claim for benefits in Georgia. We reverse and hold that the employee’s Tennessee claim is not barred because his Georgia claim had been dismissed for lack of subject matter jurisdiction, and thus the employee had no remedy to elect.

An employee filed a workers' compensation claim alleging he suffered permanent hearing loss in the course and scope of his employment. The trial court ruled that the employee's hearing loss was compensable and, based on an anatomical impairment rating of 14.1 percent, awarded the employee 56.4 percent vocational disability for loss of hearing in both ears. We affirm the trial court's judgment as to compensability but find that the award of vocational disability was excessive. We modify the award of vocational disability to thirty percent for loss of hearing in both ears.

The employee appeals from the trial court’s denial of workers’ compensation benefits. The employee asserted that a slip and fall suffered at work aggravated pre-existing degenerative conditions in his left shoulder and neck, causing injuries that are compensable under Tennessee’s workers’ compensation laws. After a trial, the trial court reviewed the testimony at length and held that the employee had failed to establish a compensable injury. The employee’s appeal has been referred to this Special Workers’ Compensation Appeals Panel for oral argument and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Discerning no error, we affirm the judgment of the trial court.

On August 3, 2017, Clarence Turnage (“Employee”) died as a result of injuries arising out of and in the course of his employment with Dole Refrigerating Co., Inc. (“Employer”).  Employee was unmarried at the time of his death, but resided with and had a child
out-of-wedlock with Megan Black.  It was undisputed that this child, EJT, is entitled to workers’ compensation death benefits as a conclusively presumed wholly dependent child under Tennessee Code Annotated section 50-6-210(a)(2).  Employee had two additional children out-of-wedlock, NRT and SMT, with another woman.  However, prior to his death, Employee had surrendered his parental rights to NRT and SMT, and his mother had adopted these children.  NRT and SMT sought workers’ compensation death benefits as either conclusively presumed wholly dependent children of Employee under Tennessee Code Annotated section 50-6-210(a)(2), or, alternatively, as partial dependents of Employee under Tennessee Code Annotated section 50-6-210(d).  The Court of Workers’ Compensation Claims determined that NRT and SMT are not entitled to benefits as conclusively presumed wholly dependent children or as partial dependents.  The court awarded EJT benefits equal to fifty percent (50%) of Employee’s average weekly wage.  The court denied the motions of the guardians ad litem for EJT and for NRT and SMT for attorney’s fees and deferred any fee determination until after an appeal.  NRT and SMT appealed the decision of the Court of Workers’ Compensation Claims.  The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51.  We affirm the judgment.  We award attorney’s fees on appeal to the guardian ad litem for EJT and remand the case to the Court of Workers’ Compensation Claims for a determination of the amount of such fees, together with a determination of what, if any, fees are to be awarded to the guardians ad litem for the prior proceedings in that court.

Employee fell onto his buttocks during the course and scope of his employment with Employer and experienced left hip and shoulder pain that later radiated to his right leg. After a course of treatment, the selected treating physician and a second-opinion physician opined Employee’s pain was attributable to a degenerative condition rather than to his work injury and assigned no impairment. Because the pain persisted, Employee’s personal physician referred him to an orthopedic surgeon who opined Employee’s fall ruptured a synovial cyst which aggravated his pre-existing spine condition. The orthopedic surgeon performed surgery and later assigned a twelve percent (12%) impairment rating. A physician who conducted an independent medical records review at Employer’s request sided with the selected physician as to causation and impairment; however, a physician who performed an independent medical examination at Employee’s request agreed with the orthopedic surgeon. Following a trial, the court awarded benefits having determined that Employee met his burden of establishing causation and overcame the statutory presumption afforded the selected physician’s causation opinion. Employer appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

Brenda Merriweather (“Employee”) alleged she injured her left knee in the course and scope of her employment with UGN, Inc. (“Employer”). Following the trial, the trial court determined Employee did not satisfy her burden of proving causation and therefore dismissed the case. Employee appeals. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

Floyd McCall (“Employee”) was a truck driver for Ferrell Paving (“Employer”). The parties stipulated that Employee sustained an injury arising out of and in the course and scope of employment on October 6, 2014, and that Employee gave timely notice of the injury. Employee received authorized medical treatment for the injury, paid for by Employer. Employee also received temporary total disability benefits for the period October 7, 2014 to February 5, 2015. Employee did not return to work for Employer following the injury. After being released from his authorized treating physician, Employee subsequently received unauthorized treatment, including surgery on his cervical spine. Employee filed this action seeking additional past temporary disability and medical benefits, permanent partial disability benefits, and future medical benefits. The Court of Workers’ Compensation Claims determined that Employee was not entitled to any additional workers’ compensation benefits. Employee has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Employee filed a motion asking the trial court to require Employer to provide additional treatment for a work-related injury she suffered in March 2007. The trial court granted Employee’s motion and denied Employer’s motion to appoint a neutral physician. Employer’s appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Tenn. Sup. Ct. R. 51, '1.  After reviewing the evidence in the record and the parties’ arguments, we affirm the trial court’s judgment.    

Roger Joiner (“Employee”) sustained an injury to his neck while lifting a mailbag in the course of his employment with United Parcel Service, Inc. (“Employer”) on February 26, 2016. Employer provided medical benefits, but subsequently limited those benefits to treatment of the injury at the C6-7 level of Employee’s cervical spine.  Employer refused to authorize treatment and denied benefits for injury at the C5-6 level of Employee’s cervical spine based on the opinion of his treating physician.  After a compensation hearing, the Court of Workers’ Compensation Claims (the “trial court”) concluded that the causation opinion of Employee’s medical evaluator overcame the statutory presumption afforded the causation opinion of his treating physician. The trial court determined that Employee was entitled to medical benefits for treatment of his injures at the C5-6 and C6-7 levels and to permanent partial disability benefits based on medical impairment attributable to both levels.  Employer appealed to the Workers’ Compensation Appeals Board, which reversed the trial court’s decision, with one judge concurring in part and dissenting in part.   Employee has appealed that ruling.  The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51.  We reverse the decision of the Workers’ Compensation Appeals Board.

In 2009, Ronald Brantley (“Employee”) settled a workers’ compensation claim with Brantley Excavating (“Employer”) regarding a hand injury he sustained during the course and scope of his employment. Employee returned to his authorized treating physician in 2017, seeking medication for pain he was experiencing in his injured hand. The diagnostic test results were normal. The treating physician declined to prescribe pain medication and offered no further treatment. Employee subsequently moved to compel Employer to provide a panel of pain management physicians, claiming the treating physician had made a referral. The trial court concluded the treating physician did not make a referral and denied Employee’s motion, citing Tenn. Code Ann. § 50-6-204(j)(2)(A). Employee has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

The trial court found that Employee was permanently and totally disabled following a work-related injury to his back in January 2012. Employer’s appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Tenn. Sup. Ct. R. 51, § 1. After reviewing the evidence in the record and the parties’ arguments, we conclude that the evidence does not preponderate against the trial court’s decision and affirm the trial court’s judgment.

Deborah Bain (“Employee”) worked for UTI Integrated Logistics LLC (“Employer”) as a shuttle truck driver. She sustained a compensable injury to her right shoulder and right wrist in August 2010 and entered into a settlement agreement with Employer. After returning to work, she suffered an injury to her left shoulder in January 2013. The trial court found that Employee is not permanently and totally disabled, that the 1.5 times cap applies for purposes of both reconsideration of the August 2010 injury and assessment of the January 2013 injury, that she has a 6% medical impairment rating for the January 2013 injury, and that Employer is not responsible for expenses related to treatment she sought on her own. Employee has appealed these rulings. Employer has appealed the trial court’s award of further temporary total disability benefits. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

An employer appeals a trial court’s award of workers’ compensation benefits, arguing that the employee failed to rebut the presumption of correctness afforded to the authorized treating physician about causation and that the trial court should have capped any permanent partial disability benefits under Tennessee Code Annotated section 50 6 241(d)(1)(A). This appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law under Tennessee Supreme Court Rule 51. After careful review, we affirm the trial court’s judgment.

Richard Moser (“Employee”) worked for Hara, Inc. d/b/a Hot Shot Delivery (“Employer”) as a truck driver. Employee filed this action against Employer and its workers’ compensation insurance carrier, Auto-Owners Insurance Company, alleging that he sustained a compensable injury in August 2013, when he attempted to pull a duffel bag out of his truck. Employer asserts that the injury occurred in August 2014, when Employee used a crank to lower the landing gear on a trailer. In its defense, Employer specifically asserts that Employee’s failure to provide adequate notice of the 2014 injury contravenes his claim for compensation. Employee concedes he did not provide adequate notice of the 2014 injury. The trial court found that Employee suffered a compensable injury in August 2013 during the course and scope of his employment and retained a permanent anatomical impairment of 25% to the body as a whole as a result of the 2013 injury. Employer has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Cheryl Lynn Williams (“Employee”) alleged that she sustained a compensable injury and/or an occupational disease as a result of exposure to mold during the course and scope of her employment with SWS LLC d/b/a SecureWatch (“Employer”). Employer filed a motion for summary judgment, asserting that the one-year statute of limitations barred Employee’s claim. The trial court granted the motion and dismissed the case. Employee has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Having determined that genuine issues of material fact exist concerning the commencement of the statute of limitations, we reverse the judgment and remand for proceedings on the merits.

Teresa Adams (“Employee”), a general laborer at Rich Products Corporation (“Employer”) developed carpel tunnel syndrome in both hands. After two separate surgeries, Employee developed bilateral hand stiffness and deformity of her fingers. Due to the disparity between the impairment ratings assigned by her treating physician and the Independent Medical Examination (“IME”) physician, Employer sought review through the Medical Impairment Rating Registry (MIR) program. The MIR physician opined that Employee suffered from inflammatory arthritis unrelated to her employment. The IME physician disagreed with the MIR physician’s impairment rating and diagnosed Employee with Complex Regional Pain Syndrome (“CRPS”). The trial court found that Employee rebutted the presumed accuracy of the MIR physician’s impairment rating by clear and convincing evidence. Employer has appealed alleging that the accurate impairment rating presumption was not rebutted. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Christopher Tidwell (“Employee”) suffered facial injuries during the course of his employment at Natchez Trace Youth Academy (“Employer”) while restraining a resident during an altercation. Employee filed this workers’ compensation claim alleging both physical and psychological injuries resulting from the incident. After a trial, the court concluded Employee did not make a meaningful return to work and awarded benefits for physical and psychological injuries, using a 4.85 multiplier. Employer has appealed, claiming the trial court erred in concluding Employee failed to make a meaningful return to work; in awarding additional temporary benefits; in determining Employee suffered a compensable psychological injury; and in awarding certain discretionary costs. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s award of benefits beyond the statutory 1.5 cap, additional temporary benefits, and its finding of psychological injury. We reverse the award of certain discretionary costs.

Carol Nolan (“Employee”) was employed by Goodyear Tire and Rubber Company (“Employer”). The trial court found that Employee was permanently and totally disabled following work-related injuries to her back and knees in April 2011. The trial court apportioned 85% liability of the award to Employer and 15% to the Tennessee Second Injury Fund. Employer has appealed the trial court’s finding that Employee is permanently and totally disabled and the apportionment of liability for permanent and total disability benefits. Employer’s appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After review, we conclude that the evidence does not preponderate against the trial court’s decision. Therefore, we affirm the trial court’s judgment.

The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. This case arises out of an injury sustained by Corey Bunton (“Employee”) while working at Sanderson Pipe Corporation (“Employer”).  Employee’s hand became trapped in a beller machine which resulted in Employee losing a finger and sustaining permanent damage to his hand.  Employee claimed he turned the machine off prior to placing his hand into the machine to clean a pipe.  However, Employer presented evidence challenging Employee’s claim that he turned off the machine.  Employer argued by failing to turn off the machine, Employee committed willful misconduct which barred any recovery.  The trial court found Employee did not turn off the machine and therefore committed willful misconduct.  Employee appealed arguing the trial court erred in its willful misconduct analysis.  Employer also cross-appealed arguing that Tennessee Compilation Rules and Regulations 0800-02-21-.7 (2016) is unconstitutional. We affirm the judgment of the trial court.

This appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. The trial court entered a final order that Employee was entitled to benefits. The trial court found that Employer failed to prove willful misconduct under Tenn. Code Ann. § 50-6-110(a)(1) because Employer failed to prove bona fide enforcement of its policy and that Employee had a valid subjective belief for violating said policy. We reverse the trial court’s finding that Employer failed to prove bona fide enforcement of its policy, but we affirm the trial court’s finding that Employee did not willfully violate Employer’s policy. As a result, we affirm the trial court’s judgment in favor of the Employee.