November Newsletter

Welcome to the November Edition of the PW newsletter. 

As the leaves turn and the air gets crisp, we're serving up more than just legal insights this season. In this issue, you'll find the latest updates from the world of workers' compensation, plus a dash of holiday cheer with some tried and true Thanksgiving recipes to spice up your table. We’re also spotlighting upcoming events across Tennessee and Kentucky that you won’t want to miss. Whether you're here for the legal know-how or the pumpkin pie, we’re glad you’re with us!

Bench Buzz

Insights and Updates from the Tennessee Workers’ Compensation Court: “From the Bench”

For professionals navigating the complexities of workers’ compensation law in Tennessee, staying informed is essential. The “From the Bench” blog, published by the Tennessee Court of Workers’ Compensation Claims, offers timely insights, legal updates, and commentary directly from the judges and staff who shape the state’s workers’ compensation landscape.

Each month, the blog features articles on recent court decisions, procedural updates, and continuing legal education (CLE) opportunities. For example, October’s posts included a preview of an upcoming CLE session titled “Is Your Intelligence Artificial?”—a discussion led by Chief Judge Kenneth M. Switzer and colleagues exploring the intersection of AI and legal practice. Another post highlighted instructive appellate decisions on discovery limitations in workers’ compensation cases, reinforcing the court’s commitment to clarity and fairness in litigation. [wccourt.com]

The blog also serves as a valuable resource for attorneys, employers, and injured workers by demystifying court processes and offering practical guidance. Whether you're seeking clarification on presumptions in claims, updates on settlement procedures, or commentary on emerging legal trends, “From the Bench” provides a direct line to the judiciary’s perspective.

Explore the blog: From the Bench – October 2025
Learn more about the Court of Workers’ Compensation Claims: TN.gov Court Overview [wccourt.com] [tn.gov]

Case Summary: Oldham v. Freeman Webb Company Realtors (Tenn. Sup. Ct. Oct. 23, 2025)

Recently, our TN Supreme Court in a Special Workers' Compensation Appeals Panel, issued a decision in a significant case involving an injured worker's eligibility for additional benefits after the initial compensation period ended - specifically whether the injured worker was entitled to advance a claim for permanent total disability benefits after he settled his case for an award under the permanent partial disability benefits construct.  

Key Facts: John Oldham, a maintenance supervisor, sustained a workplace injury in October 2020 when he fell while servicing a golf cart, resulting in a fractured femur. He received authorized medical treatment and was assigned an 8% permanent impairment rating. In April 2022, Oldham entered into a court-approved settlement for permanent partial disability (PPD) benefits, which included lifetime medical benefits. The agreement allowed for the possibility of seeking increased benefits or extraordinary relief under specific statutory provisions if his employment status changed after the initial compensation period.

After the compensation period expired, Oldham filed a petition seeking permanent total disability (PTD) benefits. The trial court awarded PTD benefits, but the Workers’ Compensation Appeals Board reversed, and the Tennessee Supreme Court affirmed the Board’s decision.

Legal Issues:

1. Can an employee seek permanent total disability benefits after a court-approved settlement for permanent partial disability benefits?

2. Did the employer waive its defenses by not listing them in the Dispute Certification Notice (DCN)?

3. Must a trial court hear summary judgment motions before the day of trial?

Court’s Holding:

• No statutory authority exists under Tennessee’s current Workers’ Compensation Law for an employee to seek PTD benefits after receiving a court-approved PPD award for the same injury.

• The settlement agreement only allowed for increased PPD benefits or extraordinary relief—not PTD benefits.

• The employee’s impairment rating (8%) did not meet the statutory threshold (10%) required for extraordinary relief.

• The employer did not waive its defenses, as the DCN and record clearly indicated its opposition to PTD benefits.

• The trial court has discretion in scheduling summary judgment hearings, including hearing them on the day of trial.

Why This Decision Matters:

This ruling reinforces the finality and exclusivity of court-approved workers’ compensation settlements in Tennessee. It clarifies that permanent total disability benefits cannot be pursued post-settlement unless explicitly provided for by statute or agreement. The decision also underscores the importance of precise language in settlement agreements and the limits of judicial authority in expanding statutory remedies.

For practitioners, this case serves as a critical reminder to carefully draft settlement terms and to understand the statutory framework governing post-settlement claims. 

For employers and carriers, it solidifies the finality of a court-approved, permanent partial disability settlement agreement, in excluding PTD as a category of benefits to which the injured worker may be entitled later, after the initial period of compensation expires. 

Tennessee Spotlight:

Experience the Magic of Dollywood’s Smoky Mountain Christmas

As the holiday season approaches, Dollywood transforms into a dazzling winter wonderland during its annual Smoky Mountain Christmas, running throughout November. Nestled in the heart of Pigeon Forge, this award-winning festival offers a joyful blend of Appalachian charm and holiday spirit, making it one of Tennessee’s most beloved seasonal events.

Visitors are greeted by over six million twinkling lights, immersive holiday displays, and the warmth of festive music echoing through the park. Highlights include the “Merry & Bright” drone show, the 50-foot animated Christmas tree, and a lineup of heartwarming live performances such as Christmas in the Smokies and Twas the Night Before Christmas.

Families can enjoy seasonal treats, meet Santa Claus, and explore themed areas like Glacier Ridge, which evokes the serenity of a snowy mountain village. The event is designed to delight guests of all ages and offers a memorable way to kick off the holiday season.

Whether you're looking for a weekend getaway or a magical experience to share with loved ones, Dollywood’s Smoky Mountain Christmas is a must-see celebration that captures the spirit of the season in true Tennessee style.

Learn more and plan your visit or see other things do to in November.

Kentucky Spotlight:

Celebrate Kentucky Tradition at the Churchill Downs Fall Meet

November in Kentucky brings crisp air, golden leaves, and one of the state’s most iconic seasonal traditions, the Fall Meet at Churchill Downs. Running throughout the month, this celebrated event offers a unique blend of world-class horse racing, Southern hospitality, and historic charm.

Churchill Downs, home of the legendary Kentucky Derby, opens its gates for a series of thrilling race days that attract both seasoned enthusiasts and casual visitors. Highlights include Military Appreciation Day, Family Fun Days, and the festive Thanksgiving Race Day, where guests can enjoy live racing alongside themed activities and seasonal fare.

Beyond the track, visitors can explore the rich history of the venue through guided tours, enjoy local cuisine, and take in the vibrant atmosphere that makes Churchill Downs a cultural cornerstone of Louisville.

Whether you're a racing fan or simply looking for a memorable autumn outing, the Fall Meet at Churchill Downs offers an unforgettable experience that captures the spirit of Kentucky in every stride.

Plan your visit or see other things to do in November

Fueled by Justice, and Black Rifle Coffee

In the high-stakes world of legal briefs, client meetings, and courtroom drama, there’s one unsung hero that keeps the whole firm running smoothly: coffee. But not just any coffee, Black Rifle Coffee Company has become the unofficial fuel of choice for our team of legal warriors. We drink their coffee exclusively in our Knoxville office.

Founded by veterans and known for its bold flavors and unapologetic attitude, Black Rifle Coffee isn’t just a beverage, it’s a mindset. Whether you're drafting motions at dawn or prepping for depositions after dark, this coffee delivers the kind of kick that turns “I need caffeine” into “I’m ready to conquer.”

The Office Favorites

• Just Black: The classic go-to for paralegals and partners alike. No frills, just focus.

• Silencer Smooth: Perfect for those who prefer a subtle roast with a powerful finish, ideal for early morning strategy sessions.

Coffee as Case Law Catalyst

It’s not uncommon to hear phrases like “I can’t brief without my Black Rifle” or “This contract review calls for a double shot.” The break room has become a hub of caffeinated collaboration, where ideas percolate and productivity flows.

And let’s be honest, when deadlines loom and inboxes overflow, a good cup of coffee can be the difference between “objection sustained” and “motion denied.”

Verdict: Highly Recommended

So, whether you're a fan of dark roasts or light blends, Black Rifle Coffee Company has something for every legal professional looking to power through the day with precision and grit. It’s more than coffeeit’s courtroom fuel.

Closing Argument: If you haven’t tried it yet, consider this your official subpoena to the break room. Your next great legal idea might just be at the bottom of a Black Rifle mug.

Black Rifle Coffee | Home | Veteran Founded

Motion to stuff

Dressing vs. Stuffing: The Great Thanksgiving Debate As the leaves turn and the scent of pumpkin spiced everything fills the air, one age-old culinary debate reemerges around office break rooms and family dinner tables: Is it dressing or stuffing?

While both dishes share a similar base — typically a mix of bread, herbs, and savory add-ins — their names and loyalties vary widely depending on geography, tradition, and even cooking method.

What’s the Difference?
Stuffing is traditionally cooked inside the turkey, where it absorbs all the delicious juices and flavors from the bird. Dressing, on the other hand, is baked outside the turkey in a casserole dish, allowing for a crispier top and more control over texture. Most people today cook it outside the bird for food safety reasons.

A Matter of Regional Pride
In the South, it is almost always called dressing, and cornbread is the star ingredient. In the North and Midwest, stuffing reigns supreme, often featuring white bread, celery, onions, and sometimes sausage or apples. There are also plenty of creative variations, including oyster stuffing, rice dressing, or even gluten-free quinoa versions.

The Real Question: Which One Wins?
At the end of the day, whether you call it stuffing or dressing, it is the dish that brings people together and sometimes sparks lively debates. This Thanksgiving, we encourage you to embrace the diversity of the dinner table and maybe even try a new version of this beloved side.

PW Thanksgiving Recipe favorites:

Slow-cooker chicken and cornbread dressing, submitted by attorney, Joe Lynch:

Cornbread: 1 egg 2 cups buttermilk 2 cups self-rising yellow cornmeal mix(I have also used white) 1/4 teaspoon salt 1/2 cup butter, melted Preheat oven to 450. Lightly grease a 10-inch skillet;place in oven to heat. In a large bowl, combine egg and buttermilk, stirring well. Add cornmeal and salt, stirring until ingredients are combined. Add melted butter, stirring to combine. Pour mixture into hot pan. Bake for 15 to 20 minutes, or until cornbread is golden brown and begins to pull away from the sides of the pan. Let cool in pan for 20 minutes. Remove to wire rack to cool completely.

(Self rising cornmeal mix is a mixture of cornmeal, baking powder, salt, and in. Some cases flour. If self rising cornmeal mix is not available, place 4 teaspoons baking powder and 1 teaspoon salt in a 2-cup measuring cup and fill the remainder of the cup with cornmeal)

1 rotisserie chicken, meat pulled from the bone 1 recipe cornbread, crumbled 8 slices day-old bread, torn 2 stalks celery, chopped 1 yellow onion, chopped 2 cloves garlic, chopped 4 tablespoons chopped fresh sage 2 tablespoons chopped fresh thyme 1 teaspoon kosher salt 1 teaspoon ground black pepper 4 eggs, lightly beaten 2(14-ounce) cans chicken broth 2(10.75-ounce) cans cream of chicken soup 1(10.75-ounce) can cream of mushroom soup 3 tablespoons butter

Place chicken, cornbread, bread, celery, onion, garlic, herbs, salt and pepper in a 4-quart slow cooker. Stir to combine. In a large bowl, whisk together eggs, chicken broth, and soups. Pour into slow cooker. Stir to combine. Dot with butter. Cook on high for 3 hours or on low for 4 to 5 hours stir halfway through cooking time.

Date Rice Crispy Treats, submitted by Sarah Hempenstall:

Ingredients: 1 cup of dates ½ cup of butter ½ cup of brown sugar 1 teaspoon of vanilla extract 1 ½ cup of Rice Krispies cereal ½ cup of shredded coconut

Instructions: Pit and chop dates into small pieces. Melt butter and brown sugar together in saucepan over low heat. Combine dates, vanilla, and shredded coconuts to saucepan with the butter and brown sugar. On low heat, stir consistently until thick and well blended. Add Rice Krispies until thoroughly mixed. Pour mixture into 9x9, greased, pan. Sprinkle shredded coconut on top and lightly press in surface. Allow bars to cool completely, then cut and enjoy!

The People vs. Your Knowledge

Last months’ trivia question was “Which of the following muscle cars was the first to be officially marketed as a “muscle car” and is widely credit with starting the muscle car era?”

The answer was: Pontiac GTO

The Pawsecution Rests

Scruffy is my small terrier, rescued at 10 months old. He’s incredibly loving and gets along with everyone—kids, adults, and other animals alike. His only bad quality is that he's a little too affectionate and will try to lick people right on the mouth at the dog park or when we have guests over.

Chance is my cat, who came into our lives when he was about a year old. He’s a big cuddle bug and loves going outside on his leash like a little adventurer. He was recently diagnosed with FIP, which can be serious, but thankfully he’s responding well to treatment. People always say he acts more like a dog than a cat.

Lily is my hound mix, rescued at just six weeks old. We didn’t expect her to grow so big, but she’s our gentle giant. She’s obsessed with chasing squirrels and chewing things she shouldn’t—but we love her anyway. Her snoring is legendary and louder than most grown men.

I also want to give a special shoutout to Jewelz, our beloved beagle hound who we lost a few years ago. She played a very special role in our lives, she once ran across an apartment complex to play with my dog, and that moment led to me meeting my now-husband!

Thanks to Ashley for sharing her cute pets & wonderful story!!

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