January Newsletter

Happy New Year from Peterson White!

Welcome to the January edition of our newsletter, your first look at the opportunities, updates, and evolving trends shaping the year ahead. As 2026 gets underway, we’re here to help you navigate new regulations, stay ahead of emerging risks, and make informed decisions with confidence. Let’s kick off the year with clarity, momentum, and a proactive approach to all things legal (and a little bit of fun too).

Bench Buzz

Tennessee Supreme Court Clarifies Compensability of Aggravation Injuries: Key Takeaways for Employers and Workers’ Compensation Carriers

The Tennessee Supreme Court’s recent decision in Edwards v. Peoplease, LLC marks a significant development for employers and workers’ compensation insurance carriers, clarifying both the standard of review in workers’ compensation cases and the compensability of aggravation injuries under Tennessee law.

Case Overview

Jo Carol Edwards, a truck driver for Peoplease, LLC, was involved in a work-related accident that aggravated her pre-existing knee arthritis. After a lengthy administrative process, the Court of Workers’ Compensation Claims awarded her medical coverage and disability benefits. The Workers’ Compensation Appeals Board reversed, but the Tennessee Supreme Court ultimately reinstated the award, holding that an aggravation injury does not require proof of a permanent change or permanent worsening to be compensable. Instead, the employee must show, to a reasonable degree of medical certainty, that the aggravation primarily arose out of and in the course and scope of employment, and that it contributed more than 50% to the need for medical treatment or disability.

Impact on Employers and Carriers

1. Standard of Review: De Novo with Presumption of Correctness

The Supreme Court clarified that appellate review of factual findings in workers’ compensation cases is de novo on the record, with a presumption of correctness unless the preponderance of the evidence shows otherwise. This standard applies regardless of whether the trial court’s findings are based on live or deposition testimony. The abuse-of-discretion standard is reserved for credibility determinations based on live testimony only.

Implication:
Employers and carriers should be aware that appellate courts will independently review the record, but will defer to the trial court’s credibility findings when based on live testimony. This may make it more challenging to overturn factual findings on appeal, especially when the trial court has made explicit credibility determinations.

2. Aggravation Injuries: No Permanent Change Required

The Court held that, under the 2013 Workers’ Compensation Reform Act, an aggravation injury is compensable even if it does not result in a permanent change or worsening of the pre-existing condition. The focus is on whether the work accident contributed more than 50% to the aggravation and whether the aggravation contributed more than 50% to the need for medical treatment or disability, as shown by expert medical proof.

Implication:
This decision lowers the bar for employees to establish compensability for aggravation of pre-existing conditions. Employers and carriers can no longer rely on the absence of a permanent anatomical change to deny claims. Instead, they must focus on the causation analysis and the medical evidence regarding the extent to which the work accident contributed to the aggravation and resulting need for treatment.

3. Presumption for Treating Physician’s Opinion

The opinion of the treating physician, selected by the employee from the employer’s designated panel, is presumed correct on causation, but this presumption can be rebutted by a preponderance of the evidence.

Implication:
Employers and carriers should ensure that their panel physicians are well-versed in the statutory requirements and provide clear, well-supported opinions. Where the employee’s treating physician supports causation, carriers must present strong, contrary medical evidence to rebut the presumption.

Consistency with Tennessee’s Workers’ Compensation Statutes

The Supreme Court’s decision is firmly grounded in the statutory language of the 2013 Workers’ Compensation Reform Act. The Act explicitly includes aggravation injuries in the definition of “injury,” provided the employee can show, to a reasonable degree of medical certainty, that the aggravation primarily arose out of and in the course of employment and contributed more than 50% to the need for treatment or disability. The Court’s interpretation aligns with the statutory text, rejecting prior case law that required a permanent worsening or anatomical change, and instead focusing on the causation and medical necessity standards set forth in the statute.

Practical Takeaways

• Claims Handling: Carriers should review their claims handling procedures to ensure that denials based solely on the lack of permanent change are reconsidered in light of this decision.

• Medical Evidence: The quality and clarity of medical evidence—especially regarding causation and the percentage contribution of the work accident—will be critical in defending or contesting claims.

• Panel Physician Training: Employers should ensure that panel physicians understand the current legal standards for compensability of aggravation injuries.

Conclusion

Edwards v. Peoplease, LLC clarifies that aggravation of a pre-existing condition can be compensable under Tennessee law without a permanent change, provided the statutory causation requirements are met. This decision brings Tennessee law in line with the text of the Workers’ Compensation Reform Act and has important implications for how employers and carriers evaluate and defend claims involving pre-existing conditions.

As winter gives way to fresh energy and new adventures, there’s no better time to explore everything Tennessee and Kentucky have to offer. From vibrant festivals and local traditions to food events, live music, and family‑friendly outings, the region is buzzing with experiences waiting to be discovered. Whether you're planning a weekend getaway or looking for something fun right in your backyard, here’s a curated look at the standout events lighting up TN and KY in the weeks ahead. Let the good times roll!

Tennessee Spotlight:

Smoky Mountain Winterfest lights up Sevierville, Pigeon Forge, and Gatlinburg each winter with millions of dazzling displays and seasonal attractions. Running from November through February, the event transforms the Smokies into a glowing winter destination with themed light installations, family-friendly activities, and festive photo spots throughout the region. It’s one of the most popular cold-weather draws in East Tennessee and a great excuse for a winter getaway to the mountains.

Kentucky Spotlight:

Looking for a dose of adventure this winter? Kentucky’s bringing the fun with The Lightning Thief: The Percy Jackson Musical, running in Louisville from January 24 through February 8. This high‑energy show brings Greek gods, monsters, and plenty of teenage heroics to the stage, perfect for families, fans of the books, or anyone ready to trade the winter chill for a mythological thrill. Catch it while it’s in town and let a little demi‑god mischief brighten your season!

The Cocktail Clause

Behind the Bar

🍊 Volunteer State Old Fashioned

Ingredients

• 2 oz Tennessee whiskey

• ½ oz sorghum syrup (or honey syrup)

• 2 dashes orange bitters

• 1 dash aromatic bitters

• Orange peel

• Luxardo cherry (optional)

• Large ice cube

Instructions

1. Add the sorghum (or honey) syrup and bitters to a rocks glass.

2. Pour in the Tennessee whiskey and stir gently to combine.

3. Add a large ice cube and stir until well chilled.

4. Express the oils from an orange peel over the glass, then drop it in.

5. Garnish with a cherry if desired.

The People vs. Your Knowledge

Last months’ trivia question was “It’s a crime in Tennessee to share what bodily function on someone else’s property”

The answer was: Spitting

In Tennessee, it’s actually a crime to spit on someone else’s property. While it may sound like an oddly specific rule, the law treats spitting as a form of offensive or unsanitary conduct, especially when done intentionally on property you don’t own. Historically, laws like this were tied to public health concerns and basic standards of public decency.

So the next time you’re tempted to spit on the sidewalk or someone’s lawn, remember, in Tennessee, that little act could technically land you on the wrong side of the law.

The Pawsecution Rests

Meet, Cabela (Bella) and Bailey, owned by paralegal Beverly Uphoff and her family. Beverly writes:

In Loving Memory of Cabela (“Bella”)

Cabela, affectionately known as Bella, came into our lives as a sweet, wide‑eyed puppy in February 2012. Her name was given to her before she ever reached us, but it fit her so perfectly that it felt meant to be. A beautiful Chocolate Lab with deep, expressive eyes, Bella had an uncanny gift for detecting every squirrel and chipmunk long before anyone else noticed them.

She had strong opinions about crows—barking at them without hesitation and chasing them off whenever she got the chance. Bella treated our forest friends with a gentle curiosity, though she was never quite sure what to make of those appearing “larger than life” on the ridge—deer, foxes, turkeys and the like. Most of all, Bella was my constant companion. No matter where I went, she followed, content simply to be close.

A few years ago, she faced a serious health scare and underwent surgery. We feared we might lose her then; the vet cautiously estimated she had only six to twelve months. But Bella’s spirit was stronger than anyone realized. She gifted us more than two full years beyond that moment—years marked by her steady presence, her gentle spark, and the calming warmth in her eyes.

Though age eventually slowed her down, and her once-sleek muzzle turned gray, Bella’s sweetness, loyalty, and bright spirit never dimmed. She is deeply missed, but remembered with immense love and gratitude. Her joy, her companionship, and her beautiful heart remain with us always.

And then there’s Bailey—the lovable maniac of the family.

Bailey belongs to Beverly’s daughter, and she is the sweetest little ruffian you’ll ever meet, even if she’s not exactly the brains of the operation. She’s wonderfully trainable and listens well… right up until a beam of light, a sun‑reflection, or the shadow of a passing bird or butterfly appears. Then all bets are off. Her tail spins like a helicopter as she launches into full chaos mode.

Somehow, Bailey has officially become Beverly's husband's dog. Every morning you can find the two of them together: him sipping his coffee, Bailey at his feet, backing up toward him for her daily scratches while keeping her eyes glued to the TV. It’s a perfect example of that timeless truth: the person who insists they don’t want a dog is always the one who ends up with a best friend for life.

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