Over the last few weeks, the Workers’ Compensation Appeals Board has issued guidance on a number of issues. In October, the board ruled that a medical case manager’s notes are discoverable by an employee, rejecting the employer’s arguments that the notes were protected by the common interest doctrine, attorney-client privilege or work product doctrine. At the end of the month, the board clarified the term “incapacity for work” in occupational disease cases, ruling that an employee may file for benefits even if the worker remained on the job full-time since the alleged injury. On Nov. 1, the board announced it adopted new Telehealth for Workers’ Compensation Rules and a new C-42 Choice of Physicians form, both of which took effect on Oct. 19. And on Nov. 8, it provided guidance on the credibility of an employee’s statement, awarding benefits despite inconsistencies in the worker’s account of how he became injured.

The Tennessee Bureau of Workers’ Compensation Claims this month raised more than $12,500 for Kids’ Chance, an organization that supports children whose parents die on the job. The Nashville law firm of Manier & Herod sponsored the auction event at the bureau's annual conference. According to Kids’ Chance, 120 Tennesseans died on the job in 2019. Nationwide, there were 5,333 fatal occupational injuries that year. The Kids’ Chance non-profit provides educational opportunities and scholarships for the children of these workers.

Hawkins County lawyer Whitney Suzanne Bailey was reinstated to the practice of law today. Bailey was suspended by the Tennessee Supreme Court on Jan. 20, 2020, for two years, with 45 days to be served on active suspension and the remainder on probation. After filing a petition for reinstatement, a hearing panel of the Board of Professional Responsibility found that she had complied with the terms and conditions of her suspension. In addition to reinstating her law license, the court directed her to engage a practice monitor for the remainder of her probation period.

Shelby County is dropping its lawsuit against Gov. Bill Lee over his executive order on mask mandates, Action News 5 reports. The county says the suit is no longer relevant now that the governor has signed new legislation that would ban masks in schools. That law is currently on a temporary hold by federal Judge Waverly Crenshaw. The governor’s executive order was blocked in Shelby County by federal Judge Sheryl H. Lipman after families in a separate suit filed against the order.

Lawsuits filed around the country challenging the Biden administration's workplace COVID-19 vaccine rule will be consolidated and heard by the 6th Circuit Court of Appeals, National Public Radio reports. That decision was the result of a random lottery conducted by the Judicial Panel on Multidistrict Litigation. More than 30 cases have been filed against the rule in all 12 circuit courts of appeal. It will now be up to the 6th Circuit to decide whether to lift a stay issued by the 5th Circuit. A three-judge panel of that court temporarily blocked the rule a day after it took effect, saying it posed "grave statutory and constitutional” issues. The court reaffirmed that decision last Friday calling the rule "fatally flawed." The Biden administration maintains it has emergency authority to protect workers facing "grave danger" on the job.

Chattanooga native and lawyer Juanita Ingram was recently honored with the NAACP Image Award by the Chattanooga Hamilton County NAACP, Chattanoogan.com reports. Ingram, who has lived in Indiana and overseas since leaving Tennessee, is also an actress and founder of Purpose Productions Inc. She has created “The Expats: International Ingrams,” which follows the international adventures and struggles of her family living abroad. Season one of the show includes 20 episodes available for streaming on Amazon Prime. Season two of the show is in production. While living in Chattanooga, Ingram was an associate attorney with Miller & Martin. She earned her law degree from the University of Memphis School of Law. 

A new survey from Ragan’s Workplace Wellness Insider and furniture maker Ergotron finds that ergonomics play an important role in workplace wellness and employee retention. In response to the findings, the companies partnered to produce a free guide to help companies create a healthier and more comfortable work space. The guide explores what employees want and expect from their employers, how workers feel about hybrid and remote work, whether it is worth having a post-pandemic physical office and how to help employees move more.

On-demand videos from the TBA’s Creditors Practice Forum are now available. Choose the 1-Click Package to easily purchase all three sessions or pick what you want from the list of individual sessions. This year’s forum explored enforcement of judgment liens on real property, the controversial Hunstein case and cybersecurity issues.

The Tennessee Supreme Court today disbarred Andrew Nathan Hall from the practice of law. He must pay restitution to two clients and cover all costs incurred to the Board of Professional Responsibility (BPR). A hearing panel found, in part, that Hall failed to comply with an order of summary suspension, failed to inform his client of his suspension and led his client to believe another attorney had agreed to represent her and several other. The panel also found that Hall failed to comply with an order of temporary suspension, repeatedly misled clients to believe their petition for bankruptcy had been filed and was proceeding, accepted a fee but failed to provide the professional services for which he had been retained and more.

TBA President Sherie Edwards joins the BarBuzz podcast this month to cover top legal news stories from across the state, upcoming bar association events, attorney shout outs and more! Edwards also discusses the progress she’s made on her presidential initiatives and her latest “President’s Perspective” article in the November/December issue of the Tennessee Bar Journal. Co-written with Edwards’ daughter, Victoria Cundiff, the article takes a personal and honest look at mental health issues. BarBuzz is part of the TBA Podcast Network and can be found on the TBA’s website or wherever you listen to podcasts.