Tennessee Supreme Court Upholds Major Attorney Fee Award in Workers’ Comp Case (Claims Journal)

Tennessee Supreme Court Upholds Major Attorney Fee Award in Workers’ Comp Case

Thursday, November 30th, 2023 Insurance Industry Legislation & Regulation Litigation Workers' Compensation

In a significant decision, the Tennessee Supreme Court upheld an award of $50,500 in attorney fees in a workers’ compensation case, nearly double the benefits paid to the injured worker. This ruling, affirming the Tennessee Workers’ Compensation Appeals Board and the Court of Workers’ Compensation Claims, favored truck driver John Earheart, who was injured in 2016 and later terminated.

The case, Earheart vs. Central Transport, is notable in the context of Tennessee’s 2014 workers’ compensation law overhaul, which many claimants’ attorneys argue has led to a decrease in benefits and restricted attorney fees. Earheart’s case involved complexities including a retaliatory termination claim, and his attorney’s "extensive efforts" were recognized in the fee award.

The Supreme Court panel agreed that the employer’s late agreement to pay benefits and penalties did not shield it from the subsequent court-ordered attorney fees, setting a precedent for similar cases in Tennessee where claimants face wrongful denial or delayed benefits.


External References & Further Reading
https://www.claimsjournal.com/news/southeast/2023/11/30/320673.htm

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