The employee reported injuries to his right arm and shoulder, right leg, back, and hip after falling from a ladder at work. The claim was accepted as compensable, and the parties entered into a settlement agreement based on a compromised medical impairment rating. After the initial compensation period ended, the employee filed a petition for increased benefits because he was no longer working for the employer. Following a compensation hearing, the trial court denied the employee’s claim for increased benefits. The court concluded, in part, that the employee’s subsequent work as an independent contractor at a purported hourly rate higher than his pre-injury rate disqualified him from seeking increased benefits. The trial court further determined that the employee’s termination based on his decision not to receive a mandated COVID-19 vaccine constituted willful misconduct that would disqualify him from receiving increased benefits. The employee has appealed. Upon careful consideration of the record and arguments of counsel, we affirm the trial court’s order and certify it as final.

After almost two decades of working with the Tennessee Bar Association, initially as a contractor and currently as an employee, Technical Systems Administrator Dave Bevis is retiring from the organization. "I have enjoyed working at TBA and wish the organization, and especially the staff, much success going forward," he said. Bevis plans to stay busy building furniture and other items (and keeping all his fingers) as well as working on some technology projects centered around accessibility for people with disabilities. Executive Director Sheree Wright said of his departure, “We are grateful to Dave for all he has done for the TBA, from developing the online CLE system to his patient way of solving our IT problems. We wish him well in this next chapter!” Applications are now being accepted for the position of technical systems administrator. Visit www.tba.org/careers to view the job description and apply.

The Tennessee Court of Appeals has set aside a lower court’s decision that would have kept records related to a Shelby County child’s death from being released to the public, reports the Tennessee Lookout. The Department of Children’s Services (DCS) denied Memphis reporter Stacy Jacobson with WREG-TV access to complete case files as she sought to report on what the agency did or not do to protect a 14-year-old boy before he died from starvation in 2020. The public records lawsuit returns to Davidson County Chancery Court.

State Rep. Robert Stevens, R-Smyrna, has requested a campaign finance audit and investigation into Murfreesboro Mayor Shane McFarland and Smyrna Mayor Mary Esther Reed. According to the Daily News Journal, Stevens wrote the Tennessee Registry of Election Finance a Jan. 25 letter pertaining to a $7,500 donation from McFarland on Nov. 23, 2022, to Tennesseans For Greater Accountability, a political action committee (PAC). The PAC then "on the exact same day" donated $7,500 to the campaign account of Reed. The Registry is scheduled to review the audit request on March 26.

The Tennessee General Assembly on Monday confirmed Shelby County Circuit Judge Mary Wagner to the Tennessee Supreme Court. Wagner will take her seat on the court after Justice Roger A. Page's retirement on Aug. 31. Wagner's confirmation passed the Tennessee House of Representatives 94-3 and the Senate 32-0 during a brief joint session. The Tennessean reports that members of the Senate Judiciary Committee unanimously approved her selection last week, with lawmakers on both sides of the aisle hailing her as an excellent choice for the court. During the hearing, Wagner described herself to committee members as “both an originalist and a textualist" and said overturning precedents should be done "sparingly and cautiously." Read more from the Administrative Office of the Courts.

Save the date for the TBA's Annual Dispute Resolution Forum, taking place May 9 in Nashville at the Tennessee Bankers Association in Nashville. An annual staple for Tennessee attorneys, this event provides insight from top professionals in the alternative dispute resolution (ADR) vocation while allowing attendees to meet with other mediators from across the state. More details coming soon!

The Tennessee Supreme Court last week abolished a common law rule that required testimony of a criminal defendant’s accomplice to be supported by other evidence. The change, which will apply prospectively, was made in an opinion upholding a first-degree murder conviction. The court found that the “accomplice-corroboration rule is effectively obsolete as a common law rule and that the General Assembly is better equipped to decide whether such a rule should exist in Tennessee.” Supreme Court Justice Sharon G. Lee agreed in a separate opinion that the conviction should be affirmed but disagreed with abolishment of the accomplice-corroboration rule. She argued that the rule has long served to safeguard against untrustworthy accomplice testimony. Justice Sarah K. Campbell also filed a separate opinion agreeing with much of the majority, but argued that abolishing the rule should have been applied retroactively. Read more about the decision from the Administrative Office of the Courts.

A new six-part series titled “Justice USA” from HBO Max will feature former Nashville Public Defender Dawn Deaner as well as stories from Nashville's criminal courts. The series, which begins Thursday, is being promoted as providing a real look at what happens when someone is arrested and subjected to the criminal justice system. The project began more than six years ago when Deaner was public defender. She worked with the producer Marshall Goldberg, who filmed much of the show inside Nashville’s jails and courtrooms. Deaner, who is now with Choosing Justice Initiative, writes in a recent email message that she hopes the series motivates the legal community to “work on creating different systems of justice rooted in restorative practices instead of punishment.” Watch a trailer for the show.

DAVIS, Circuit Judge. Fred Golson, Jr., pleaded guilty to two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Based on an offense level of 17 and a criminal history category of VI, Golson’s Sentencing Guidelines range was 51 to 63 months’ imprisonment. In calculating Golson’s Guidelines range, the district court added a two-level enhancement because it found that Golson’s flight from law enforcement during one of the underlying incidents amounted to reckless endangerment pursuant to U.S.S.G. § 3C1.2. The court ultimately sentenced Golson to 56 months’ imprisonment, three years of supervised release, and a $200 special assessment. Golson challenges the imposition of his sentence on procedural reasonableness grounds. Specifically, he maintains that the district court erred in applying the two-level enhancement because he was not the driver of the vehicle at the time of the incident. Because the undisputed facts of the case create a reasonable inference that Golson was an active participant in the reckless flight from police, we AFFIRM.