Down the Stretch We File

May kicks off with one of the South’s most iconic traditions, the Kentucky Derby, where fast horses, bold hats, and a little bourbon flair come together for a spectacle unlike anything else. It’s a reminder that some events aren’t just races, they’re rituals, woven into the fabric of a place and its people.

As the excitement carries through the month, we also take a moment to celebrate the women who keep everything moving forward. Wishing a very Happy Mother's Day to all the moms, grandmothers, and mother figures who deserve far more than just one day of recognition.

Bench Buzz

Expedited… But Not at Any Cost: Appeals Board Reins in Trial Court's Rulings

Graves v. Southall Adventures, LLC
Tenn. Workers’ Comp. Appeals Board (Apr. 23, 2026)

In a decision that should resonate with employers facing “expedited” pressure, the Tennessee Workers’ Compensation Appeals Board reminded trial courts that speed cannot come at the expense of fairness or statutory rights.

Background: A Familiar Pattern

The employee slipped and fell while cleaning a whirlpool and alleged injuries to multiple body parts. While the employer initially provided treatment, disputes quickly arose over whether the employee’s left knee condition was work-related, particularly in light of a prior quadriceps tendon repair and other pre-existing conditions.

This case already had appellate history. In a prior interlocutory appeal, the Appeals Board reversed an award of left-knee medical benefits, finding that the treating physician’s causation opinion did not meet Tennessee’s “primary cause” standard of more than 50% causation, stated to a reasonable degree of medical certainty.

Déjà Vu on Remand

Undeterred, the employee filed a new request for expedited hearing, this time armed with a revised questionnaire response from his surgeon, who checked the right statutory box and stated the work incident was "at least 50.01% the primary cause.”

The employer, recognizing the stakes, attempted to schedule a follow-up independent medical examination with an orthopedic expert. Months of email exchanges followed. The employee conditioned attendance on non-statutory requirements, ultimately agreeing, then declining to attend any exam before the expedited hearing.

Despite these circumstances, the trial court:

• Denied the employer’s request for a continuance on the morning of the expedited hearing;

• Discounted the employer’s expert medical opinions as advocacy rather than medicine; and

• Ordered ongoing knee treatment, again.

The employer appealed, again.

Appeals Board: Enough Is Enough

The Appeals Board reversed and remanded, delivering two key holdings with real-world value for the defense bar:

1. Denying the Continuance Was an Abuse of Discretion

While acknowledging the policy favoring expedited resolution, the Board made clear that employers are statutorily entitled to a reasonable medical examination under Tenn. Code Ann. § 50‑6‑204(d)(1).

Here, the record showed:

• The employer diligently attempted to schedule an exam;

• The employee acknowledged the employer’s entitlement to one;

• Negotiations continued for weeks; and

• The employee ultimately chose to “take his chances” at the hearing.

By refusing a continuance, the trial court effectively deprived the employer of its statutory right to medical proof, an injustice warranting reversal.

2. Trial Courts Cannot Replace Medical Experts with Themselves

Although technically pretermitted by the continuance issue, the Appeals Board went further, cautioning trial courts against substituting their own judgment for that of qualified medical experts.

The Board took issue with the trial court’s conclusions that:

• It was as qualified as a board-certified physician to assess pain levels;

• Medical experts could not interpret video evidence or biomechanics; and

• An expert’s opinions were invalid because the court disagreed with them.

The message was unmistakable: courts may weigh medical opinions, but they may not disqualify them based on lay disagreement or mischaracterization of the expert’s methodology.

Why This Matters

For employers and carriers, Graves offers several important takeaways:

• Expedited does not mean abbreviate, due process still controls.

• Employers are entitled to reasonable medical evaluations, and that right must be meaningfully honored.

• Defense medical experts, properly supported, cannot be dismissed as “advocacy” simply because their opinions are unfavorable to the employee.

• Trial courts must apply evidentiary standards, not instincts, when assessing expert proof.

Bottom Line

The Appeals Board’s decision restores balance to expedited proceedings and reinforces that fairness, statutory compliance, and sound medical proof remain non-negotiable, even under time pressure.

For Tennessee employers navigating contested medical causation claims, this is a reassuring course correction, and a decision worth keeping in your litigation toolkit.

Tennessee Spotlight:

The Southern Skies Music Festival returns to Knoxville on Saturday, May 30th, bringing a full day of live music, local food vendors, and a laid-back outdoor atmosphere to World’s Fair Park. Headlined by regional and national acts, it has quickly become one of East Tennessee’s must-attend music events. Tickets and full lineup details are available on the festival’s website.

Kentucky Spotlight:

Abbey Road on the River returns May 21–25, 2026, at Big Four Station Park in Jeffersonville, IN, just across the river from Louisville. One of the largest Beatles tribute festivals in the world, it features dozens of bands, multiple stages, and five days of nonstop music celebrating the Fab Four.

Delicious Historical Precedent

A Derby Classic, the Mint Julep

Long before it became synonymous with the Kentucky Derby, the mint julep started as a medicinal tonic in the 18th-century American South, where a mix of spirits, sugar, water, and mint was used to make rough whiskey a little more palatable. As bourbon production grew in Kentucky, the drink evolved into a refined Southern staple, often served in ornate silver cups designed to frost over in the heat.

By the early 1900s, the julep had found its permanent home at Churchill Downs, where it was embraced as the official drink of Derby Day. Today, nearly 120,000 mint juleps are served over the race weekend, cementing its status as more than just a cocktail, but a ritual that’s as much a part of the Derby as the horses, hats, and “Run for the Roses.”

Ingredients:

• 2 oz bourbon

• 8–10 fresh mint leaves

• 1/2 oz simple syrup

• Crushed ice

• Mint sprig (for garnish)

Instructions:

1. In a julep cup or rocks glass, gently muddle the mint leaves with simple syrup to release the oils. Do not over-crush.

2. Fill the glass halfway with crushed ice, then pour in the bourbon.

3. Stir briefly, then pack the glass full with more crushed ice.

4. Garnish with a fresh mint sprig and serve immediately.

Pro Tip: Lightly slap the mint garnish between your hands before adding it. It wakes up the aroma and makes that first sip even better.

The Pawsecution Rests

Sherry Ridings is the welcoming face of our office and an essential part of our team. As our legal receptionist, she is consistently reliable, organized, and always willing to help—whether assisting clients or supporting staff behind the scenes. Her kindness and professionalism set the tone for a positive experience the moment someone walks through our doors.

Outside of work, Sherry enjoys spending time in her garden and would be thrilled to meet all of your dogs—so feel free to bring the pictures! She’s also a proud dog mom herself and loves sharing stories about her own pups.  

Belle is a 7-year-old Chihuahua that became part of our family as a puppy.  Belle is the Queen B of everything and keeps Dolly in line.  Dolly also came to us as a puppy and is now 3 years old.  She is a mix of Catahoula Leopard dog and Australian Shepard.  She keeps us laughing with her silliness and back talking.  Both dogs love babies (animals & humans alike) but are growing leery of them as they get older. 

Honorable Mention: Smokey, the German shepherd, we rescued him at age 7 and he was ours until he crossed the rainbow bridge in 2024. He was the best buddy and we still miss him.

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