February Newsletter

February is here, and this month’s newsletter is a little sweet, a little historic, and very Tennessee. 💘🏛️

As Valentine’s Week brings a spotlight on love, connection, and celebration across our communities, we’re also taking a step back in time to highlight a remarkable chapter of Tennessee history, Oak Ridge and its pivotal role during World War II. From modern-day moments worth celebrating to stories that helped shape our state and nation, this edition blends heart and heritage in true February fashion.

Bench Buzz

Case Note: Johnson v. Dollar General: When Motions, MRI Orders, and Expedited Hearings Collide

Summary

The Tennessee Workers’ Compensation Appeals Board’s recent decision in Johnson v. Dollar General Corporation is a must-read for employers, insurance carriers, and anyone who’s ever wondered whether a “motion to compel” can substitute for a “request for expedited hearing” (spoiler: it’s complicated). The case is a procedural odyssey involving delayed medical benefits, disputed MRI authorizations, and a debate over whether the right paperwork was filed, or if it even mattered in the end.

Background

Patricia Johnson, an employee of Dollar General, suffered a work-related injury in September 2022. Dollar General accepted the claim and provided initial medical care. After Johnson relocated to Mississippi, she sought further treatment, including an MRI and physical therapy, but encountered repeated delays and denials from the employer and its insurance carrier. This led to a series of motions, status hearings, and agreed orders, with Johnson frequently filing motions to obtain benefits she was allegedly owed.

The procedural highlight (or lowlight, depending on your perspective) came when Johnson filed a “motion to compel” for additional medical benefits, rather than a formal “request for expedited hearing.” Dollar General objected, arguing that the wrong procedural vehicle had been used and that the court could not order benefits at a mere motion hearing. The trial court disagreed, granted the benefits, and referred Dollar General to the Bureau’s compliance program for possible penalties. Dollar General appealed, raising a host of procedural and substantive objections.

The Appeals Board’s Decision

The Appeals Board vacated the trial court’s order and remanded the case. The Board clarified that, under Tennessee’s Workers’ Compensation Law, the form of the pleading (motion to compel vs. request for expedited hearing) is less important than the substance, but the court must always apply the correct evidentiary standard. Specifically, before ordering interlocutory medical or temporary disability benefits, the court must determine whether the employee is likely to prevail at a hearing on the merits, as required by Tenn. Code Ann. § 50-6-239(d)(1). The trial court’s order was vacated because it did not make this required finding.

Key Takeaways for Employers and Carriers

1. Substance Over Form, But Standards Still Matter: Whether a party files a “motion to compel” or a “request for expedited hearing,” the court must apply the statutory standard for an EH, namely, whether the employee is likely to prevail at trial. Skipping this step is a reversible error.

2. Procedural Objections Only Go So Far: Dollar General’s argument that the wrong form was used did not carry the day. If you know what the other side is asking for and you respond on the merits, don’t expect a technicality to save you later.

3. Delays Can Be Costly: The Board noted a “history of delays” in providing benefits. While the details of the alleged delays are a bit vague in the opinion, repeated delays, even if unintentional, can lead to compliance referrals and potential penalties, not to mention judicial frustration.

4. Communication Is Key: If you have questions about medical causation or need more information from a treating physician, raise those issues promptly and clearly, preferably before the hearing.

Moral

If there’s a moral to this story, it’s that in Tennessee workers’ comp, you can call your pleading a “motion to compel,” a “request for expedited hearing,” or even a “petition for magical MRI authorization” but you still have to show your work. And if you’re an employer or carrier, don’t let paperwork games distract you from the real question the court must answer at an interlocutory hearing: is the employee likely to win on the merits at trial? Because if no one answers that, the Appeals Board will be happy to send you back to do it all over again.

Conclusion

Johnson v. Dollar General is a reminder that, in workers’ compensation, substance trumps form, but statutory standards are not optional. Employers and carriers should pay attention to procedural technicalities, but also remain mindful that those technicalities, if they exist, are not enough upon which to hang your hat at a hearing. More important are timely, substantive responses to benefit requests. Otherwise, you might find yourself on a procedural merry-go-round, courtesy of the Appeals Board.

Tennessee Spotlight:

Valentine’s Week in Franklin

Historic downtown Franklin goes all-in for Valentine’s Week each February, offering a full slate of romantic dinners, live music, hands-on experiences, and cozy winter outings. Local restaurants roll out prix-fixe Valentine’s menus and special wine pairings, while venues throughout downtown host themed dinners, cocktail and mixology classes, and live performances perfect for a date night or “Galentine’s” celebration. Beyond dining, couples can enjoy creative workshops like pottery or card-making, evening dances with live bands, and intimate shows that make a weekend getaway feel special. For those looking to extend the celebration, nearby Nashville adds even more options, including romantic river cruises and ticketed Valentine’s experiences just a short drive away. Whether you’re planning a quiet dinner or a full weekend escape, Franklin’s Valentine’s offerings combine small-town charm with big-city variety. (link)

Kentucky Spotlight:

Valentine’s Week in Louisville

Each February, Louisville turns Valentine’s Day into a full week of experiences, from prix-fixe dinners and chef’s tastings to bourbon-themed cocktail events, live music, and couples’ classes. With hotel packages, riverfront strolls, and a strong lineup of indoor dining and entertainment, Louisville makes it easy to turn Valentine’s Day into a full weekend getaway rather than just one night out.

Recipe for Justice

Sweetheart Jamwiches

Yield: about 23 jamwiches

Ingredients:

• 1 (15 oz) package refrigerated piecrusts
• 1 egg white, lightly beaten
• 2 tablespoons granulated sugar
• 1 (3 oz) package cream cheese, softened
• 1/4 cup powdered sugar
• 3 tablespoons unsalted butter, softened
• 1/2 teaspoon almond extract
• 1/2 (10 oz) jar seedless raspberry preserves or strawberry jam
• 1/2 cup white chocolate morsels
• Red sugar (optional)

Preparation:

1. Preheat oven to 400°F. Unfold piecrusts on a lightly floured surface and roll to press out fold lines.

2. Cut with a 2-inch heart-shaped cookie cutter. Reroll dough and repeat until you have 46 hearts.

3. Brush one side of each heart with egg white and sprinkle evenly with granulated sugar.

4. Place hearts on two ungreased baking sheets.

5. Bake 7–8 minutes or until lightly browned. Transfer to wire racks to cool.

6. In a bowl, stir together cream cheese, powdered sugar, 2 tbsp of butter, and almond extract until blended.

7. Spread this mixture over the unsugared side of half the hearts, then top each with about 1/2 teaspoon jam or preserves.

8. Place remaining hearts on top, unsugared side down.

9. Microwave white chocolate morsels and 1 tbsp butter in a glass bowl on high for 1 minute or until melted. Stir until smooth.

10. Seal melted chocolate in a small zip-top bag, snip a tiny corner, and drizzle over tarts.

11. Cool completely, then sprinkle with red sugar if desired.

Historical Precedent

Oak Ridge: The Secret City That Helped End WWII

During World War II, Oak Ridge didn’t officially exist on most maps. In 1942, the U.S. government quietly seized more than 50,000 acres of East Tennessee farmland and built an entirely new city almost overnight as part of the top-secret Manhattan Project. Its sole mission was to help produce the enriched uranium needed for the world’s first atomic bomb.

At its peak, Oak Ridge employed more than 75,000 people, many of whom had no idea what they were actually working on. Massive facilities like the Y-12 electromagnetic plant and the K-25 gaseous diffusion plant operated around the clock, with workers instructed to follow precise tasks without asking questions. Signs famously reminded employees: “What you see here, what you do here, what you hear here, when you leave here, let it stay here.”

The uranium processed in Oak Ridge was used in the “Little Boy” bomb dropped on Hiroshima in 1945. While the city’s role remained classified for years after the war, Oak Ridge later became known as “The Secret City”—a place where thousands of ordinary Americans unknowingly helped bring World War II to an end and permanently changed the course of history.

Last months’ trivia question was “Which of the following is a requirement that must be met for a whiskey to legally be called bourbon in the United States?”

The answer was: It must be made from at least 51% corn

Bourbon is a specific type of whiskey governed by federal law. While it does not have to be made in Kentucky or aged for a minimum number of years, it must use a mash bill that is at least 51% corn and be aged in new, charred oak barrels with no additives.

The Pawsecution Rests

This month’s pet is, Toots, who belongs to Denise McCorkle, one of our amazing paralegals.

Currently, we only have one 11-year-old rescue dog named Toots. My niece, who was 3 years old at the time, named her. First it was Peppa the Pig, but we vetoed that pretty quickly. She was rescued by a neighbor who witnessed a lady toss her out of a car window into a park. She was very malnourished, weak and had mange. She had to undergo weekly vet checks on her mange and weight. At the time we rescued Toots, we had two other dogs. Thankfully, they all got along.

Toots is an odd dog- scared of everything- the ceiling fan, light fixtures, folding laundry, thunderstorms. She’s not super affectionate but loves to smile at you when you come home. She has a very strict routine and will start yapping if she doesn’t get her nightly walk as soon as your dinner plate is put down. She loves to cuddle in plush blankets and in the bed. She has never been one to play with toys but loves to be chased around outside.

We couldn’t imagine our life without her or with pets in general.

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