Executive Summary: On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers’ Compensation Act (TWCA) against a prospective employer for failure to hire based on the applicant’s workers’ compensation claim against a previous employer. Yardley v. Hospital Housekeeping Systems, LLC.
Articles Discussing Tennessee Workers' Compensation Claims.
Job Applicant Cannot Sue for Failure to Hire under Tennessee Workers’ Compensation Act
Ruling on a question of law from a federal district court, the Tennessee Supreme Court has determined that a job applicant has no cause of action against a prospective employer in Tennessee if the prospective employer failed to hire the job applicant because the applicant had filed, or is likely to file, a workers’ compensation claim against a previous employer. Yardley v. Hospital Housekeeping Systems, LLC, No. M2014-01723-SC-R23-CV (Aug. 21, 2015).
Workers’ Comp Appropriate for On-Call Health Care Worker Injured on Way Home, Tennessee Court Finds
An on-call surgical technician injured while driving home after assisting with an emergency surgery at a hospital was eligible for workers’ compensation benefits, the Supreme Court of Tennessee has decided. Shannon v. Roane Med. Ctr., Tenn., No. E2011-02649-WC-R3-WC (Mar. 13, 2013). The Special Workers’ Compensation Appeals Panel of the Court determined the evidence established that the employee falls within an exception to the rule under the Tennessee Workers’ Compensation Act that bars compensation when the employee is injured while going to or from work.