If you are an employee who has been subject to a injury workplace involving strenuous physical activity, you are likely presenting symptoms of an orthopedic injury. Your C-42 panel very likely limited your choice of three physicians to urgent care facilities or a primary care physician and one chiropractor. Upon presenting to your primary care physician, you are likely further subjected to conservative treatment of physical therapy and steroid injections. That MRI you may or may not know … [Read more...]
C-42 Workers compensation panel cannot include physicians associated in same practice.
February 12, 2014 by
The insurer for employers will often provide the C-42 panel of three physicians required by statute who are associated together in the same practice. They do this particularly when the injured employee is not represented by an attorney. The insurance companies are familiar with physician practices who are consistently conservative in their treatment and impairment ratings which translates into less being paid out on claims. This provides for less diagnostics being provided to injured … [Read more...]
Hotline? What Company Hotline?
February 7, 2014 by
If you are employed by a large corporation, you likely attended an orientation program where you were provided numerous materials such as employee handbooks and other corporate policies. The company may have been transparent about a corporate hotline that an employee may call in the event they are subject to or witness discrimination or violation of ethics policies. However, many companies are not so motivated to disclose this hotline because they benefit from an employee's failure to engage … [Read more...]
A Victory for Clothing! Being paid while donning and doffing work Uniforms becomes clarified
February 5, 2014 by
Only attorneys can argue over the narrow construction of the meaning of "clothes" and "time spent in changing clothes … at the beginning or end of each workday" per (29 U.S.C. § 203(o)) of the Fair Labor Standards Act and if a collective bargaining act so provides. This matter was addressed in the recent opinion of Sandifer v. United States Steel Corporation on January 27, 2014 where the parties literally distinguished "clothes" with competing publications of dictionaries. The narrow issue … [Read more...]
Mental Injuries in the workplace: Am I covered?
September 25, 2013 by
In 2008, our firm had the pleasure of representing a woman who was employed where many financial transactions took place and cash passed back and forth. The established was robbed and our client was placed into a large safe and held at gun point. Her life was threatened if she called the authorities. The client was traumatized and suffered serious mental injury such that she could not depart her residence for fear of her life. The employer instructed her to return within three days and she … [Read more...]
What is difference between separate property and marital property?
April 3, 2013 by
In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same. Separate property or … [Read more...]
