Entries by D. Brett Burrow

What Kinds of Social Media Posts Provide a Legitimate Basis for Termination?

The National Labor Relations Board (NLRB) gives employees the right to engage in protected, concerted activity and discuss the terms and conditions of their employment. This, however, is not a free pass for all types of communication. In Richmond District Neighborhood Center, Case No. 20-CA-091748 the NLRB determined there were some postings in social media […]

Tennessee Whistleblower Claim Requires Reporting Illegal Conduct to Other Than Wrongdoer

Recently in Haynes v. Formac Stables, Inc., Judge Wade authored a Tennessee Supreme Court opinion which dismissed a retaliatory discharge case brought pursuant to both common law and the Tennessee Public Protection Act. The Complaint alleged the owner of the business had engaged in illegal conduct and had terminated the employee when he acted as a […]

Overcoming Medical Impairment Registry Physician’s Opinion on Anatomical Impairment Rating Requires Clear and Convincing Evidence in Tennessee

Recently, the Workers’ Compensation Appeals Panel had the opportunity to address how a Medical Impairment Registry physician’s opinion on an anatomical impairment rating may be overcome in the case of Victory v. Bob Duck Wiler d/b/a Custom Concrete Design, (September 8, 2015). In this matter numerous physicians were of the opinion the claimant had nonspecific […]

The Tennessee Supreme Court Determines There is No Cause of Action for Purported Retaliatory Failure to Hire Due to Prior Workers Compensation Claim.

In Kighwaunda V. Yardley v. Hospital Housekeeping Systems, LCC, the Tennessee Supreme Court determined there was not a viable cause of action in Tennessee for retaliatory failure to hire due to a prior workers compensation claim.  There has, however, long been a cause of action for retaliatory discharge for asserting a work injury.  To be […]

Breaking the Chain of Causation on Underlying Injury in Tennessee Workers’ Compensation Cases

Recently, the Tennessee Workers’ Compensation Panel addressed when an intervening incident may break the chain of causation for an underlying injury and eliminate further exposure.  United Parcel Service, Inc. v. Sabrina Brown, Tenn. Special WC App. Panel, No. M2014-01332-SC-R3-WC (Tenn. WC App. Panel, 2015).  In this case, the claimant injured her right knee on July […]

Can an unrepresented employee have a workers’ compensation settlement approved by affidavit for injuries which occurred on July 1, 2014 or subsequently in Tennessee?

In the past courts in the State of Tennessee approved settlements of employees who were not represented by affidavit.  This is especially true for those claims in which the claimant was receiving an award which approximated the value of the claim and the employee retained the right to open medical treatment per the terms and […]