Cruzen Prevails In Worker’s Compensation Matters

In four recent worker’s compensation cases, Shuttleworth PLLC attorney, Vickie Moffett Cruzen, obtained denials of employees’ claims against the firm’s clients, which included denials of all sought worker’s compensation benefits.

In a case involving an alleged work related gradually occurring injury Ms. Cruzen successfully argued on behalf of the client that the employee did not provide proper notice of injury, failed to establish that the employer had actual knowledge of the injury as alleged by the employee, and further that the employer was prejudiced by the late notice.

Cruzen again prevailed on the defense of a spinal injury claim for medical expenses and temporary total disability benefits by asserting that the medical opinions submitted by the employee did not establish any advancement in the severity of the claimant’s preexisting conditions and that the employee had failed to prove entitlement to temporary partial or temporary total disability benefits.

In response to a claim for mental injury, Cruzen established that the incidents forming the basis of the employee’s alleged mental injury did not constitute extraordinary or unusual stress compared to stress ordinarily experienced by employees with the same type of work duties and, therefore, the requested worker’s compensation benefits were not warranted.

Another claim for mental injury was denied after the employee failed to prove that the claimed mental injury was a result of an identifiable stressful work-related event. In this case Cruzen showed that the incidents complained of fell within the job description, that there was insufficient medical proof to support the employee’s allegations, and that the employee failed to provide timely notice.

These denials resulted in dismissals of all claims brought against the firm’s clients at the administrative level.

Curry and Hawkins Obtain Dismissal Of Case

Shuttleworth PLLC attorneys, Edward Curry and Dennis Hawkins recently tried a construction case in which they were able to obtain an involuntary dismissal for their client – a local contractor – at the end of the plaintiff’s proof.    At issue was whether or not a utility company properly located electrical lines before the contractor began its excavation.

A power line was struck and the utility sought property damages.  During cross-examination of the utility company’s witnesses, Hawkins was able to establish that the utility could not prove that they performed the required locates in the area where the line was struck.  At the close of plaintiff’s proof, Hawkins moved for and was granted an involuntary dismissal against the Plaintiff by the court.Watch movie online The Transporter Refueled (2015)

 

Cannon Speaks On Experts

Shuttleworth PLLC attorney John Cannon recently spoke at a Memphis Bar Association-sponsored seminar titled, “How to Find, Prepare, Challenge, Cross-Examine Medical & Other Experts.”  The seminar was approved for Continuing Legal Education credit.

Shuttleworth PLLC Attorney Wins Property Damage Case

Shuttleworth PLLC attorney Dennis Hawkins recently obtained a defense verdict in a property damage premises liability case.  The matter was tried before a judge with allegations that a sign blew off of a pole and damaged the business invitee’s vehicle.  At issue was whether the defendant premises owner knew or should have known of the alleged defective condition of the sign.

After cross examination of the plaintiff, Hawkins moved for and was granted a directed verdict for the defendant.

Bruce Williams Speaks On Avoiding Claims Management Mistakes

Shuttleworth PLLC member Bruce Williams spoke on October 4, 2013,  to the Annual Mid-South Workers’ Compensation Association Conference to claim managers, human resource officers and nurse case managers on the topic  “Avoiding Common Claim Management Mistakes:  Denial, Delay and Disorder.”

The presentation provided strategies for properly denying claims with medical evidence, providing proper Physician Panels, identifying the hazards of Utilization Review, use of strategic second medical opinions, employment of nurse case managers, good communication techniques with the claimant and doctors, and ways to avoid the upcoming increases in penalty assessment from the Tennessee Division of Workers’ Compensation.

John Cannon Attends International Mediator Conference

Shuttleworth PLLC partner John R. Cannon, Jr. attended the fall conference of the International Academy of Mediators in Paris, France September 19-21. Mediators from more than fifteen countries attended sessions that included dealing with decision fatigue, insurance companies suggestions for improving mediation and the sharing of effective techniques. The  Academy promotes the study and understanding of the mediation process.

Hawkins Obtains Dismissal of Retaliatory Discharge Suit

A Williamson County court recently dismissed a case for a corporate defendant represented by Shuttleworth PLLC attorney Dennis Hawkins.  The case involved allegations of wrongful termination/retaliatory discharge of an employee who was involved in a verbal altercation while on the job.  Mr. Hawkins obtained dismissal of the case for the client on the date of trial.

Shuttleworth and Webb Obtain Summary Judgment in Medical Malpractice Case

Shuttleworth PLLC attorneys, Ken Shuttleworth and Abby Webb recently argued on behalf of an ambulance service in a case involving allegations of medical malpractice which resulted in an anoxic brain injury.  The facts at issue were whether the ambulance service complied with the standard of care in managing a patient’s airway and in the timely transport of that patient to an acute care facility.

Ms. Webb successfully argued to the court that the expert proof in the case established that the ambulance service personnel had met the standard of care required in airway management and that no act or omission of the ambulance service caused or contributed to the plaintiff’s injuries.  After the trial of the case, a jury returned a verdict of 15 Million Dollars against the remaining defendants.

Obtaining dismissal of the ambulance service represents the strong commitment by the lawyers of Shuttleworth PLLC to defend health care professionals when they face litigation.