TBA Law Blog


Posted by: Barry Kolar on Oct 20, 2022

What presumptions are common in workers’ compensation cases? Judge Brian Addington lays out the most common ones in his recent post to the From the Bench Blog presented by the Tennessee Court of Workers’ Compensation Claims. Among the most common: the opinion of the panel physician is presumed correct on the issue of causation; an employee is conclusively presumed to be at maximum medical improvement when the treating physician ends all active treatment; and a surviving spouse who was living with the deceased spouse before his or her death, and children under 16, are conclusively presumed to be wholly dependent. Read about other common presumptions and how the court might handle interplay between presumptions in Addington’s post.