Mental Injuries Under Tennessee Workers' Comp. Law

Several years ago there was a tragic event involving a postal worker who was making her deliveries when a man appeared before her and took his own life with a gun.  The postal worker was delivering mail to the man's house and he apparently wanted someone to see him depart this earth.  Due to witnessing this event the postal worker became depressed and could no longer perform her job.  While her claim would be subject to federal workers' compensation laws, this type of scenario illustrates that tragic events on the job can cause a person to suffer a mental injury under Tennessee work comp. law. 

Tennessee case law defines mental injuries as follows:

In Turner v. Bridgestone/Firestone North American Tire, LLC,  2010 Tenn. LEXIS 146 (Tenn., March 2, 2010) (attached) The Tennessee Supreme Court held, “The Tennessee Supreme Court has long recognized two factual situations in which employees may recover workers’ compensation benefits for mental disorders.   First, recovery has been allowed for a mental injury by accident or occupational disease, standing alone, if the mental disorder is ‘caused by an identifiable stress, work-related event that produces a sudden mental stimulus such as fright, shock, or excessive unexpected anxiety.’” Ivey v. Trans Global Gas & Oil, 2 S.W.3d 441, 447 (Tenn. 1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W.2d 483, 488 (Tenn. 1997); Batson v. Cigna Prop. & Cas. Cos., 874 S.W.2d 566, 570 (Tenn. 1994).  Second, compensation for psychological disorders has been allowed when an employee sustains a compensable work-related injury by accident and thereafter experiences a mental disorder which is caused by the original compensable work-related injury.  Batson, 874 S.W.2d at 570.

Shocking events which result in mental impairment qualify for benefits under Tennessee workers' compensation laws.  If you believe you have suffered a mental injury on the job, or any type of work injury, please call The Work Comp Team at Cody Allison & Associates at (615) 234-6000 for a free consultation.  You can also visit our website at workcompteamtn.com.   Call 24/7.

The Economy Can Effect Your Tennessee Work Comp Claim

These days, if you turn on the television, listen to the radio, or open the newspaper, chances are you run across at least one headline about the tough economy.  I was recently asked if the economy could affect a Tennessee workers' compensation claim.  It can.

First, there are incentives in TN work comp law to put injured employees back to work.  Due to the tough economy, or other reasons, some employers want the advantages the law offers for putting an injured TN employee back to work, however, they ultimately want to get rid of them.  How is this situation addressed under the law?

If the injured employee is returned to work at the same wage or greater, the employer gets to "cap" the employee's permanent partial disability award under TN law.  In short, this means less money for the injured employee in terms of the claim award, however, this is offset by the fact that they do get their job back.

Sometimes employers will return the injured employee to work and receive the benefit of the "cap" but then fire the employee, through no fault of the employee, at a later time.  This scenario (under certain time lines) would entitled the injured employee to a Reconsideration claim.  A Reconsideration claim under TN law allows the employee to reopen their workers' compensation case and receive more money.

Tennessee law was amended approximately a year ago and states that if an injured employee is returned to work, and their pay is reduced due to an "economic downturn" in business, the employee may not seek reconsideration.  The law also states that in order to make sure this is the true reason, the employer must also show that this same reduction in pay applied to at least 50% of its employees.

If you need help with your Tennessee work comp claim, please call our office, Attorney Cody Allison & Associates (615) 234-6000 and speak with one of our helpful staff members.  We handle cases all over the State of Tennessee and will be happy to come to you, if needed.  You can also e-mail me at cody@codyallison.com.

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Tennessee Workers' Compensation - Nurse Back Injury Claims

As I have posted previously, my wife is a Tennessee nurse.  I have great respect for the profession.  Our law firm, Cody Allison & Associates, PLLC was privileged to participate, as a Silver Level Sponsor, in the 2010 Tennessee Nurses Association (TNA) annual convention in Franklin, TN.  Our primary sponsorship was for the Awards Luncheon.

In speaking with several nurses at the convention who visited our booth, I heard many times about the potential for back and shoulder injuries in the profession.  Nurses of all ages and skill levels are at risk for injury. 

A couple of tips for injured Tennessee nurses include:

1)  Don't be afraid to report your injury!  Workers' compensation insurance exists for a reason.  I spoke with a nurse recently who injured her back several years ago but never reported the injury.  She was afraid to get a lecture on proper lifting technique from her boss.  Ultimately, she allowed the legal time to make a claim pass, but still has to deal with the painful effects today.  This is so unfortunate.

If you are a TN nurse and are injured on the job, report your injury to your supervisor.  You have thirty (30) days from the date of an acute injury to report the injury.  It is always good to document your report in writing and take a witness, if possible.

2)  Follow your work comp treating doctor's restrictions!  Many nurses are returned to work after a serious injury under a doctor's restrictions but are asked to violate those restrictions in order to help "the team".  Remember, your employer has to abide by your restrictions.

Our team at Attorney Cody Allison & Associates / The Work Comp Team is often forced to intervene on behalf of clients to make sure their restrictions are being followed.  This is obviously important to allow you to heal completely.

If you have questions about your Tennessee work comp case, please feel free to contact our office for a free attorney consultation at (615) 234-6000.  Also remember, if you can't come to us, we will come to you.

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How Do I Settle My Tennessee Workers' Compensation Claim?

In Tennessee, workers' compensation cases are routinely settled.  However, not every case is able to be settled.  Sometimes the court system must be utilized.  Settlement can be a good thing if the insurance company is offering a fair amount and the employee wants to eliminate the risk of a judge ordering less at trial.  Likewise, the work comp. insurance company may want to settle if they believe they will eliminate unnecessary risk.  However, you need to be careful when settling your case to make sure that you have fully investigated the potential value of your case and are getting a good deal.

So the question looms - what is a fair amount to settle your Tennessee work comp. case? 

Of course, each case is different and it is impossible to give a "one size fits all" answer.  However, here some areas to investigate to see if you are receiving a fair settlement offer.

1)  Examine the treating doctor's impairment rating.  You want to know if his/her rating is considered low for the type of injury you sustained.  You may want to consider seeking an independent medical exam (IME) to compare the rating with that of another qualified doctor.

2) Did the treating doctor issue permanent restrictions and if so, how will those restrictions affect your ability to perform your job in the future? 

3)  Is your TTD and PPD weekly benefit rate (comp. rate) being figured correctly? You want to see the employer's 52-week wage statement.

4)  Were you fired, laid off?  If so, what was the reason.  Have you been returned to a job which is outside your permanent restrictions?  These things can make a big difference in the amount of money you are entitled to receive.

5)  If you were fired, laid off (through no fault of your own) or placed on a job outside your permanent restrictions , you need to look into the "multipliers" which apply when the employee does not receive a "meaningful return to work".  This will help determine the amount of money you are entitled to.

These are some of the big areas you want to examine when deciding whether or not to settle your Tennessee workers' compensation claim.  If you are unsure if you should settle your case, please feel free to contact us at Attorney Cody Allison & Associates / The Work Comp. Team (615) 234-6000 and we will be happy to discuss your case with you.  Please feel free to call 24/7.

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Do I Need An Attorney To Handle My Claim?

You are not required to have an attorney represent you in your Tennessee workers' compensation claim.  However, unless you are familiar with the Tennessee workers' compensation laws you may not be aware of many of the monetary and medical benefits you are entitled to under the law.

At Attorney Cody Allison & Associates /The Work Comp Team (615) 234-6000 we will be happy to speak with you about your case so you can make an informed decision regarding hiring an attorney.  You can call our office 24/7. 

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Tennessee Workers' Comp. Reconsideration?

Under Tennessee law, if you have a permanent injury and are returned to work at the same pay rate, you are limited in the amount of money you can recover.  The term "capped" is often used to describe this situation.  This gives your employer an incentive to rehire you.

Sometimes, the employer will try and skate around the rule by firing the injured worker shortly after they return to work.  Thus, the employer received the benefit of the cap but did not truly give the employee their benefit - the job.

What can be done about this injustice?  Reconsideration.

Under Reconsideration, the injured employee is allowed to re-open their case and it is treated as if they were never returned to work.  This potentially means more money.  If the employee is terminated, without fault, within either 200 weeks or 400 weeks (this depends on the type of injury) of being returned to work initially, they may be entitled to Reconsideration.

If you fit this category, please contact our office at Attorney Cody Allison & Associates / The Work Comp Team (615) 234-6000.  You can also e-mail us at cody@codyallison.com.  We will be happy to speak with you and find out if you are eligible for Resconsideration.

How Is Your Weekly Benefit Rate (Comp. Rate) Calculated?

Your weekly benefit rate (comp. rate) is a percentage of your average, weekly gross pay over the course of a 52-week period.  In order to determine your comp. rate, employers will submit a Form C-41 to the Tennessee Department of Labor and Workforce Development, Division of Workers’ Compensation.  

On this form, your employer lists your weekly gross wages for the past 52 weeks.  Then, an average weekly wage is established from the weeks listed.  Finally, you take 66 and 2/3 percent of the average weekly wage and you have found the comp. rate.  There are also maximum and minimum rates that apply when a comp. rate is extremely high or extremely low.  If you have questions about your weekly benefit rate, or any other portion of your workers’ compensation claim, please contact Attorney Cody Allison & Associates / The Work Comp. Team at (615) 234-6000.

Below is a copy of the C-41 Wage Statement from the Tennessee Department of Labor and Workforce Development.

 FORM C-41

TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

Division of Workers' Compensation

220 French Landing Dr.

Nashville, Tennessee 37243-1002

WAGE STATEMENT

It is a crime to knowingly provide false, incomplete or misleading information to any party to a workers' compensation transaction for the purpose of committing fraud. Penalties include imprisonment, fines and denial of insurance benefits.

State File #

Employee: SSN:

Insurer Claim #:

Date of Injury

In order to determine the correct rate of compensation to be paid to the above injured party, please fill in the schedule below and return it promptly. This information is required by law and no agreement for payment of compensation can be made until it has been received. Please complete 52 weeks prior to date of accident.

Please describe allowances of any character made in lieu of wages that must be deemed a part of employee's earnings:

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