Sometimes in workers' compensation claims, the injured worker has pre-existing problems or conditions. Often the employer or workers' compensation insurance company will deny the claim based on those pre-existing conditions or illnesses. An employer cannot escape liability when an employee, upon suffering a work-related injury, incurs disability far greater than if the employee had not had pre-existing medical conditions. Kellerman v. Food Lion, Inc., 929 S.W.2d 333, 335 (Tenn. 1992); Rogers v. Shaw, 813 S.W.2d 397 (Tenn. 1991).
Many Knoxville residents enjoy the thrills and adventures that come with ATV riding. Even so, there are a number of dangers associated with riding an ATV as these vehicles have a high collision and rollover rate. Dangerous experiences in an ATV can lead to serious personal injury and even death. A 22-year-old man has died and two others were sent to a hospital after such an accident.Tennessee Highway Patrol reported that the accident occurred on the evening of Dec. 8 in McMinn County. The 22-year-old driver and his passenger were reportedly traveling east along Highway 305 when their Yamaha crashed into another ATV carrying two riders. None of the riders on either of the ATV's were wearing helmets, and the Tennessee Highway Patrol said that neither vehicle had headlights.
It is tragic when people are killed in a car accident. In the blink of an eye, lives can be lost and families can be tossed into levels of grief that many of us cannot even imagine. Such was the case when a car accident on Oct. 29 left two women dead and the Knoxville, Tennessee, driver facing possible criminal charges.
A Tennessee man was killed in an accident when an oncoming dump truck smashed into his car. The 59-year-old man was from Athens, just southwest of Knoxville.
When a car accident involves a pedestrian, it can often lead to serious injury or death. Tennessee state laws require drivers to be vigilant of pedestrians for that very reason. Motor vehicle operators must exercise reasonable care to avoid a car accident, and when one occurs, the driver must stop and immediately report the incident.
Not all drivers obey traffic laws as strenuously as they should. The failure to obey traffic signs and signals can result in serious accidents. A car accident that took place in Tennessee last week came as a direct result of a driver's failure to obey the rules of the road and left two people injured.
Dangerous roads can lead to serious injuries. The State of Tennessee, as well as the 96 counties that make up the State and scores of municipalities, assume the responsibility of designing, constructing and maintaining tens of thousands of miles of roadways throughout the State of Tennessee. Unfortunately, from time to time, citizens using these roadways are involved in serious and tragic accidents due, in large part, to the failure of the State, or a city or county, to properly design, construct, or maintain a safe roadway. This article addresses the legal responsibility of the State of Tennessee to those persons using roadways that are designed, constructed or maintained by the State of Tennessee. The principles of liability that apply to counties and municipalities are similar.
The General Assembly passed a workers compensation reform bill that will have vast implications for workers in Tennessee. The bill, which applies to injuries on or after July 1, 2011, narrows the definition of "injury" by requiring it be caused by a specific incident or set of incidents arising out of and in the course of employment identifiable by time and place of occurrence. Also, the opinion of the panel physician on causation is presumed correct, but may be rebutted by a preponderance of the evidence.
Motorcycles can be dangerous if not used carefully and may result in injury or loss of life. This can be the case even when things are carefully planned out and executed. A member of our community in Dickson, Tennessee, was unfortunate enough to have just that happen to him last Saturday night.