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December Newsletter
Clerk & Dagger
Season’s Greetings from Peterson White!
As we close out another year, we want to express our heartfelt gratitude to you, our valued clients and friends, for trusting us to guide and support you through challenging legal matters. Your confidence in our team is the foundation of everything we do, and we are honored to serve you. This holiday season, we wish you peace, joy, and prosperity as you celebrate with loved ones. Here’s to a bright and successful year ahead!
Bench Buzz
Second Opinions, First Priority: Tennessee Ruling Raises the Stakes for Workers’ Comp Compliance
The Tennessee Workers’ Compensation Appeals Board’s recent decision in McCool v. Professional Care Services is one that employers and workers’ compensation insurance carriers should pay close attention to. The case clarifies two important issues: when an employee is entitled to a second surgical opinion, and when attorney’s fees may be awarded if an employer fails to provide such benefits.
Case Background:
Martha McCool, a psychiatric nurse practitioner, was attacked by a patient in her employer’s parking lot, suffering multiple injuries and undergoing several surgeries. After a 2023 settlement that left future medical expenses open, her authorized physician recommended further reconstructive surgery in 2024. Before agreeing to the procedure, McCool requested a second surgical opinion. The employer refused, arguing that only the treating physician could order such an exam. McCool sought court intervention and also requested attorney’s fees for the employer’s refusal (p. 2) .
Key Rulings:
Second Opinion Rights:
The Appeals Board held that under Tennessee law, an employee is entitled to a second opinion on surgery whenever an authorized treating physician recommends surgery. There is no requirement for a separate referral or order for a second opinion. The right is triggered by the surgical recommendation itself, not by a physician’s specific order for a second opinion. This clarification means employers and carriers cannot deny a second opinion simply because the treating doctor has not explicitly ordered it (p. 7) .
Attorney’s Fees:
The Board also found that when an employer fails to provide a benefit (such as a second opinion) required by a settlement or statute, the employee’s attorney is entitled to fees, regardless of whether the employer’s denial was unreasonable. In this case, because the employer refused to authorize the second opinion, attorney’s fees were awarded. The Board set the amount ($10,150) based on the attorney’s affidavit and prior case law, rather than remanding for further proceedings, in the interest of efficiency (p. 10) .
Why This Matters for Employers and Carriers:
Second Opinions Are Employee-Driven: If a treating physician recommends surgery, the employee can request a second opinion without needing an additional referral. Employers and carriers should be prepared to promptly authorize and pay for such exams to avoid litigation and additional costs.
Attorney’s Fees Risk: Denying a second opinion or other statutory benefits can result in mandatory attorney’s fees, even if the denial was not unreasonable. This increases the financial risk of non-compliance with statutory obligations or settlement terms.
Efficiency and Finality: The Board’s willingness to set attorney’s fees on appeal, rather than remanding, signals a push for faster resolution and less procedural delay.
Bottom Line:
This decision highlights the importance of understanding and promptly complying with statutory medical benefits in Tennessee workers’ compensation cases. Given the potential for exposure, employers and carriers should be aware of claims which may trigger a dispute about whether the injured worker is entitled to a second opinion on surgery, even when those requests are not improperly denied.
Tennessee Spotlight:
Step Into the Magic: Tennessee’s Best Walkable Christmas Light Displays
Looking for a way to make your December sparkle? Tennessee is home to some of the most enchanting holiday light experiences in the South, and the best part? You can walk through them! Grab your coat, lace up your boots, and get ready to stroll under millions of twinkling lights.
Imagine wandering through a winter wonderland where every tree, shrub, and pathway glows with festive cheer. At Cheekwood, over one million lights illuminate a one-mile trail through stunning gardens and a historic mansion. Don’t miss the towering 28-foot Pixel Pine Tree, it’s a showstopper! Warm up with seasonal treats and shop for unique gifts at the Holiday Marketplace.
Dates: Through January 5, 2026
Why Go: Gorgeous gardens, family photo ops, and Nashville charm.
This mile-long light trail is pure holiday magic for families. Stroll past shimmering displays, cozy up by campfires, and visit the live nativity scene. Kids will love meeting holiday characters and saying hello to barnyard animals. It’s the perfect mix of festive fun and country charm.
Dates: Nov. 28 – Dec. 21 (Wed–Sun)
Why Go: Interactive fun, farm vibes, and plenty of Instagram-worthy spots.
Perched high above Chattanooga, Rock City transforms into a glowing wonderland with themed gardens, whimsical trails, and breathtaking views. From gingerbread decorating to Santa visits, this experience is packed with holiday traditions. Plus, the panoramic vistas of the valley below make this a truly magical night out.
Dates: Through January 4, 2026
Why Go: Unique mountain setting, festive activities, and unforgettable scenery.
Kentucky Spotlight:
Sparkle and Stroll: Kentucky’s Best Walkable Christmas Light Displays
Looking for a magical way to celebrate the season? Kentucky offers some truly enchanting holiday light experiences that you can enjoy on foot. Bundle up, grab a cup of cocoa, and explore these festive destinations that will make your December unforgettable.
Step into a glowing wonderland at Central Park in downtown Ashland, where more than 800,000 lights illuminate over 60 holiday displays across 52 acres. Families can enjoy a leisurely stroll through the park, hop on the Winter Wonderland Express train, and even visit Ashland’s oldest home to meet Santa. It’s a tradition that has been delighting visitors since 1988.
Dates: Through January 2, 2026
Why Go: Huge park setting, train rides for kids, and plenty of photo opportunities.
The Waterfront Botanical Gardens in Louisville transforms into a sparkling paradise during Gardens Aglimmer. Twinkling lights wind through lush pathways, creating a serene and festive atmosphere. This walk-through experience is perfect for families who want a peaceful evening surrounded by nature and holiday cheer.
Dates: November 28 – December 30, 2025
Why Go: Beautiful botanical setting, easy walking paths, and a relaxing holiday vibe.
Historic gardens meet holiday magic at Yew Dell Botanical Gardens. Stroll through illuminated trails, explore charming garden structures, and enjoy seasonal treats. This event combines Kentucky’s natural beauty with festive lights for an unforgettable evening.
Dates: Fridays and Saturdays, November 28 – December 20, 2025
Why Go: Unique garden setting, family-friendly activities, and cozy holiday ambiance.
Pro Tip: These events are popular, so plan ahead and dress warmly. Don’t forget your camera—these glowing trails make the perfect backdrop for holiday photos!
Tidings of Comfort & Tort
Every December, we look forward to one of our favorite traditions, sharing an annual holiday meal together! Both our Knoxville and Brentwood offices gather for good food, laughter, and plenty of holiday cheer. It’s always a great time to slow down, enjoy each other’s company, and celebrate the season.
We don’t stop at the meal, though! Each year, we decorate our offices to bring in the festive spirit, and sometimes we even get together for a game night. These little traditions make the holidays extra special and give us a chance to connect outside of work.
We’re truly blessed with an incredible team of dedicated employees and talented attorneys. These gatherings are just one way we show how much we appreciate everything they do throughout the year. Good times, great people, and a little holiday magic, that’s what makes this tradition so special.
When do you put up holiday decorations? |
PW Thanksgiving Recipe favorites:
Bourbon Cranberry Winter Smash
Ingredients (1 cocktail)
2 oz bourbon
1 oz cranberry juice (100% juice preferred)
¾ oz fresh lemon juice
½ oz maple syrup (or simple syrup, but maple = holiday magic)
2–3 dashes Angostura bitters
A handful of fresh cranberries (optional but festive)
4–5 fresh rosemary leaves (plus a sprig for garnish)
Ice
Instructions
Muddle the rosemary (and a few cranberries, if using) in a shaker to release all that fragrant, piney holiday aroma.
Add bourbon, cranberry juice, lemon juice, maple syrup, and bitters.
Fill shaker with ice and shake vigorously, like you’re trying to wake up a hibernating elf.
Strain into a rocks glass over fresh ice.
Garnish with a rosemary sprig and a skewer of cranberries for maximum holiday aesthetic.
Flavor Notes
Bright and tart from cranberry + lemon
Warm and rich from bourbon
A hint of winter woods from rosemary
Maple adds a subtle, cozy sweetness
Optional Upgrade
Torch the rosemary sprig for 2–3 seconds before adding it as garnish. This makes your whole glass smell like a Christmas tree that also happens to own a distillery.
The People vs. Your Knowledge
It’s a crime in Tennessee to share what bodily function on someone else’s property? |
Last months’ trivia question was “In Lexington, TN, it’s illegal to carry an ice cream cone where?”
The answer was: In your pocket
This strange-sounding law actually dates back to the 1800s and wasn’t really about dairy, it was about horses. In the days before fences and motor vehicles, a clever (and slightly shady) way to “borrow” someone’s horse was to lure it away from its owner without technically stealing it.
The trick? Place something sweet, like an ice cream cone or piece of sugar, in your back pocket, then casually stroll down the road. The horse would follow the scent, and the thief could later claim, “I didn’t steal it, it just followed me!”
To close that loophole, towns like Lexington outlawed carrying ice cream (and other tempting treats) in your back pocket. While no one’s been cited for it in over a century, the law remains on the books as a quirky reminder of Tennessee’s rural roots and inventive horse thieves.
The Pawsecution Rests
This is Peterson White partner, Nick Peterson. It appears soon, Nick's beard will be as white as Santa's. At that point, Nick plans to start dialing back his December workload at the firm, in order to make time to fill in for the "big guy" on occasion.
In this month's pet feature section, we highlight some of the animals who permit Nick to live at their house.
Duncan and Oliver joined us as baby piglets in the spring of 2022. They are Juliana mini pigs, which is a misleading name. Most pet owners don't realize they grow to as much as 65 pounds, which is big but still far less than a standard pig. They are brothers, and their favorite activities are sunbathing and eating. They are very friendly and like belly scratches.
Ruby is a three-year-old Pembroke Welsh Corgi. She is a recent graduate of basic obedience training, where she discovered a hidden talent of performing agility stunts. What her owners mistook for neurotic personality tendencies was actually pent-up desire to exercise her agility talents. Ruby loves people and has never met a stranger. She's convinced everyone loves her, including Duncan and Oliver, who are not that into her in reality.
Need Guidance on Workers’ Compensation or Employment Law? We’re Here to Help.
If you have questions about workers’ compensation claims, workplace policies, or employment law matters in Tennessee or Kentucky, our experienced legal team is ready to assist. We’re committed to helping employers and carriers navigate complex regulations with clarity and confidence.
Give us a call, your peace of mind starts with a conversation. (855) 919-4124