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Factual Background On 12/23/99, Shelton sustained physical and psychological injuries from a MVA that occurred in the course and scope of his employment, for which Central was held responsible by the...
See Full GuideApplicable Law By law, a “dispute” arises when one of the following two (2) conditions is met: (a) two (2) or more physicians have issued differing permanent medical impairment ratings (“dueling doct...
See Full GuideHistory and Background Leading Up to Implementation of 6th edition -In 2005, a case study was performed, which revealed that only 20% of rating physicians were accurately using the 5th edition to ass...
See Full GuideNotice Requirements -The Defendant’s liability insurer must first give notice to the UM/ UIM carrier, or its attorney, of its intent to settle with the Plaintiff for the limits of its underlying poli...
See Full GuideWhat it is? Uninsured (‘UM’) and underinsured (‘UIM’) motorist coverage is that component of an automobile insurance policy that provides protection to the insured from other drivers’ conduct that ma...
See Full GuideDiscussion of the applicable law For claims that fall within the coverage of the reformed Tennessee Workers’ Compensation Act (injuries/ occupational diseases occurring on or after July 1, 2004), as ...
See Full GuideDiscussion of the applicable law Injuries sustained by innocent victims/ bystanders of horseplay, within the time and space boundaries of employment, are, absent special circumstances, compensable. ...
See Full GuideDuty to Settle Based upon its implied duty of good faith, insurers are obliged under their liability insurance contracts, to settle claims that have been brought forth by claimants against their insu...
See Full GuideThe Supreme Court's holding on ex parte communications with a claimant or employee’s treating physician The Supreme Court previously recognized the existence of an implied covenant of confidentiality...
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