Significant Appeals Board Opinions: 2014-2015

Virtually every opinion bears some new nugget of law, and therefore practitioners should read and familiarize themselves with all of them. Looking back, however, these are some of the weightiest and most frequently cited.

  • Hosford v. Red Rover Preschool, 2014-05-0002: Notice; arising primarily in and out of the course and scope of employment.
  • Gonzales v. ABC Professional Tree Services, 2014-06-0015; Scarbrough v. Right Way Recycling LLC, 2014-0300006; Johnson v. Wal-Mart Associates Inc., 2014-06-0069: Willful misconduct.
  • East v. Heritage Hosiery Mills, 2014-01-0009: Failure to provide a transcript or joint statement of the evidence on appeal.
  • Jewell v. Cobble Construction and Arcus Restoration, 2014-05-0003; Thompsen v. Concrete Solutions, 2014-04-0012: Employee v. independent contractor.
  • Jewell, 2014-05-0003: Principal contractor liability.
  • Burnette v. K-Mart Corp., 2014-02-0020: Self-represented litigants.
  • Brees v. Escape Day Spa & Salon, 2014-06-0072: Conflicting medical expert opinions.
  • McCord v. Advantage Human Resourcing, 2014-06-0063: Employee’s burden of proof at an expedited hearing; employer’s duty to provide medical benefits upon notice of an injury; reliance on Supreme Court precedent. See also Buchanan v. Carlex Glass Co., 2015-01-0012: Employee’s burden at the expedited hearing phase.
  • Bates v. Command Center Inc., 2014-06-0053: Untimely filed appeals.
  • Ellis v. A Air-One Service, 2015-08-0001: Illegal drug use defense.
  • Dorsey v. Inc., 2015-01-0017: Issues for adjudication on the Dispute Certification Notice.
  • Hadzic v. Averitt Express, 2015-02-0064: Affidavit requirement for expedited hearings.
  • Nance v. Randstad, 2015-07-007: Deviation from work duties.
  • Miller v. Lowe’s Home Centers Inc., 2015-05-0158: Aggravation of a pre-existing condition.
  • Long v. Hamilton-Ryker, 2015-07-0023: Hernia (“sudden appearance”).
  • Kirk v. Amazon Inc., 2015-01-0036: New evidence on appeal; presumption of correctness to ATP causation opinion.
  • Scott v. Integrity Staffing Solutions, 2015-01-0055: Role of lay testimony in medical causation; presumption of correctness to ATP causation opinion.
  • James v. Landair Transport Inc., 2015-02-0024: Organization of medical records.
  • Smith v. The Newman Group LLC, 2015-0800075: Show cause hearings.
  • Willis v. All Staff, 2014-05-0005: Compensation hearings; medical causation
  • Jones v. Crencor Leasing and Sales, 2015-06-0332: Temporary disability benefits; termination for cause.
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