Judgment Day(s) of Summer

As another summer begins to wind down, many of us are trading vacation schedules for full calendars and preparing for the busy months ahead. With fall just around the corner, it's a natural time to refocus on the work in front of us and stay informed on the legal developments that can impact employers, carriers, and claims professionals.

In this month's edition, we're highlighting recent workers' compensation decisions, sharing practical insights from Tennessee and Kentucky, taking a look back at an interesting piece of legal history, and, of course, wrapping things up with another prohibition-inspired cocktail. We appreciate you spending a few minutes with us, and we hope you find this month's newsletter both informative and enjoyable.

Bench Buzz

When the Clock Starts: Hodge and the Long Tail of Occupational-Disease Claims

A Tennessee workers’ compensation defense update

Hodge v. Alcoa, Inc. and Arconic Corp., et al., Docket Nos. 2025-30-5257 & 2025-30-5259 (Tenn. Workers’ Comp. Appeals Bd. July 22, 2026), is a useful, and uncomfortable reminder that an old medical event does not necessarily mean an old occupational-disease claim.

In a July 22 interlocutory decision, the Appeals Board affirmed an expedited order requiring medical benefits for a former brick mason whose alleged work-related condition surfaced as a compensation claim roughly eight years after he stopped working. The headline for employers and carriers: in occupational-disease cases, the limitations and notice clocks may turn on when the employee knew, or reasonably should have known, that a condition was work-related—not simply when the employee became unable to work.

The short version

The employee worked at an aluminum-processing plant through 2016 and underwent surgery that year for a meningioma. He later received Social Security disability benefits. But the record at the expedited stage showed that no physician told him the condition might be connected to workplace exposure until December 27, 2023. He gave written notice in early January 2024 and filed a petition for benefits on January 4, 2024.

The employer argued that the claim was untimely and that notice was deficient. The Appeals Board disagreed at the expedited-hearing stage, holding that the employee was likely to establish timeliness because the unrefuted proof did not show that he knew, or, using reasonable caution, should have known, of a possible occupational disease before the late-2023 medical discussion.

Why the defense lost this round

1. Incapacity is not the entire limitations analysis

Tennessee Code Annotated section 50-6-306 measures the occupational-disease filing period from incapacity for work. But, as the Board explained through Lively and Nickerson, limitations is not triggered merely by incapacity. The employee also must have actual or constructive knowledge that an occupational disease caused that incapacity.

That distinction mattered. The employee had been unable to return to work since 2016, but the record contained no evidence that a physician had connected the meningioma or later symptoms to his work until December 2023. On those facts, a January 2024 filing could survive the limitations defense at the expedited stage.

2. Notice follows the same discovery-rule logic

Occupational-disease claims generally require written notice within 30 days after the first distinct manifestation. In Hodge, the Board again applied the discovery rule: the relevant manifestation is not simply the first symptom or diagnosis, but the point at which the employee knows or reasonably should know the condition may be work-related.

The employee’s written notice, given about a week after the alleged first work-causation discussion, was therefore likely timely. For defense professionals, the lesson is that the calendar cannot be evaluated in a vacuum. The real question is often: what did the employee know, when did the employee know it, and what information should reasonably have led there sooner?

3. An appellate issue needs an appellate argument

The employer’s notice of appeal challenged the conclusion that the employee’s symptoms were primarily work-related. But the employer did not substantively develop that issue in its appellate brief. The Appeals Board treated it as waived.

It is a familiar lesson with a sharp edge: preserve the causation issue, then brief it. A notice of appeal is not a substitute for a developed argument tied to the record and the governing standard.

What Hodge means for employers and carriers

Hodge does not hold that every long-latency claim is timely. Nor did the Appeals Board finally decide compensability. It affirmed a preliminary determination that the employee was likely to prevail and remanded the case. The result remains intensely fact-driven.

Still, the decision supplies a practical claims-handling checklist:

• Build the knowledge timeline early. Obtain and scrutinize the medical records, disability filings, prior claims, employee statements, and any earlier communications that could show actual or constructive awareness of a possible work connection.

• Do not confuse a diagnosis with work knowledge. A medical diagnosis, even a serious one, may not start the operative clock unless there is proof that the employee knew or reasonably should have known it might be occupational.

• Develop the alternative explanation. The employee offered an occupational physician, a neurologist who concurred, and industrial-hygiene testimony. A causation defense needs its own developed medical and exposure proof—not just a timing argument.

• Treat notice objections with precision. Identify the claimed disease or diseases, the alleged first manifestation, the asserted date of causal knowledge, and the content and timing of written notice.

• Protect the appeal. If causation, notice, or limitations is appealed, fully brief each issue. A skeletal point may disappear before the merits are ever reached.

The defense-side takeaway

The most important word in Hodge may be “knowledge.” In an occupational-disease case, it can determine whether a claim that appears years late is actually late under Tennessee law. That makes contemporaneous documentation, careful investigation of medical history, and disciplined issue preservation more valuable than ever.

For employers and carriers, Hodge is not a reason to surrender the statute-of-limitations or notice defenses. It is a reason to investigate those defenses with the same rigor applied to causation itself. In the long-tail world of alleged toxic exposure, the clock may not begin when the workplace exposure ends—or even when the employee leaves work. The record must establish when the employee had a reason to connect the dots.

This newsletter item is a case summary for informational purposes and is not legal advice.

Tennessee Spotlight:

East Nashville's famous Tomato Art Fest returns in August, bringing together artists, musicians, local vendors, and plenty of tomato-themed fun. This uniquely Tennessee tradition has grown into one of Nashville's most anticipated summer festivals. Tomato Art Fest is happening on August 7th & 8th.

Kentucky Spotlight:

Treasure hunters will once again flock to Kentucky for the World's Longest Yard Sale, August 6th-9th, where hundreds of miles of roadside vendors offer antiques, collectibles, and one-of-a-kind finds. Whether you're shopping or simply enjoying the adventure, it's a uniquely American tradition.

Historical Precedent

Before the White House: Andrew Jackson's Career in the Tennessee Courtroom

Long before Andrew Jackson became the seventh President of the United States, he was a young attorney riding the legal circuit across the Tennessee frontier. In the late 1700s, the region that would become Tennessee was still a rugged and rapidly growing frontier, where lawyers often traveled hundreds of miles on horseback to reach county courthouses and represent clients.

Jackson arrived in what is now Nashville in 1788 after studying law in North Carolina. At just 21 years old, he was appointed prosecuting attorney for the Mero District, a vast territory that covered much of Middle Tennessee. His job was anything but easy. Court sessions were infrequent, travel was difficult, and legal disputes ranged from land claims and debt collection to criminal prosecutions in settlements that were still taking shape.

Like many frontier lawyers, Jackson practiced a wide variety of law rather than specializing in one area. Land disputes were especially common as settlers moved west and conflicting property claims became increasingly complicated. Attorneys were expected to handle nearly every type of legal matter that came through the courthouse doors, often under challenging conditions and with limited legal resources.

Jackson quickly earned a reputation as a skilled and determined advocate. While his fiery personality would later become one of his defining traits in politics, it also served him well in the courtroom. His success as an attorney helped establish his reputation throughout Tennessee and opened the door to public service as a judge, U.S. congressman, senator, and eventually president.

Although history often remembers Andrew Jackson for his military victories and time in the White House, his legal career laid the foundation for everything that followed. His years practicing law on the Tennessee frontier offer a fascinating glimpse into the state's early judicial system, where attorneys helped shape the legal framework of a young state one case at a time.

Sidebar: Did You Know?

Andrew Jackson is one of only two U.S. presidents to have served on the Tennessee Supreme Court. Before entering national politics, he was appointed to the court in 1798 and served until 1804, helping shape Tennessee's early judicial system.

Motion to mix

The Boulevardier

A Sophisticated Classic from the Roaring Twenties

The Boulevardier was born in the golden age of cocktails during the 1920s, first appearing in Harry MacElhone's Barflies and Cocktails in 1927. The drink was reportedly created for Erskine Gwynne, an American expatriate living in Paris who published a magazine called The Boulevardier. While many Americans escaped Prohibition by traveling abroad, Paris became a gathering place for writers, artists, and cocktail enthusiasts, making it the perfect birthplace for this enduring classic.

Often described as the whiskey lover's answer to the Negroni, the Boulevardier swaps gin for bourbon or rye whiskey, resulting in a richer, warmer, and more approachable cocktail. The combination of whiskey, sweet vermouth, and Campari creates a perfectly balanced drink with notes of spice, citrus, herbs, and a pleasantly bittersweet finish.

Ingredients

• 1½ oz bourbon or rye whiskey

• 1 oz Campari

• 1 oz sweet vermouth

• Orange peel, for garnish

Instructions

1. Fill a mixing glass with ice.

2. Add the whiskey, Campari, and sweet vermouth.

3. Stir for 25 to 30 seconds until well chilled.

4. Strain into a rocks glass over a large ice cube, or serve "up" in a chilled coupe glass.

5. Express the oils from an orange peel over the drink and garnish.

Bench Note: Much like a well-crafted legal argument, the Boulevardier is all about balance. Each ingredient brings its own character, but together they create something far greater than the sum of their parts. It's a timeless reminder that the classics have a way of enduring.

The Pawsecution Rests

Cate Dugan has been with Peterson White for 10 years and serves as the Partner overseeing the firm’s Brentwood office. Cate has practiced in the insurance defense industry since 2004, representing employers and insurance carriers in workers’ compensation matters. She has extensive litigation experience, having tried cases before courts across Tennessee and successfully argued before the Tennessee Supreme Court Special Workers’ Compensation Panel.

In addition to her litigation practice, Cate is passionate about educating employers and carriers on workers’ compensation issues and best practices. She is an AV Preeminent-rated attorney, a Past President of the Tennessee Defense Lawyers Association, a former DRI Board Member, and the current President of the DRI Foundation.

Cate earned her undergraduate degree from the University of Tennessee at Martin, graduating summa cum laude, and her law degree from the University of Tennessee College of Law, graduating cum laude with an emphasis in Trial Advocacy. She and her husband, John, live in Brentwood with their daughters, Clare and Emme.

When she is not practicing law or driving her daughters to activities around town, Cate enjoys reading, trying new restaurants, traveling, and taking advantage of all the great events and live music Nashville has to offer. She is also an avid Kentucky Wildcats fan.

Meet Tucker, Cate’s 4-year-old Cavapoo and a beloved member of the family. Tucker’s favorite things are peanut butter, belly rubs, napping, and watching the world go by from the window. He is incredibly patient with Clare and Emme, who adore him and treat him like a baby. Tucker has brought plenty of fun, laughter, and tail wags to the Dugan household since being adopted in 2022. 🐾

Congratulations to Partner, Nick Peterson on the wedding of his daughter Addison. Nick delighted the attendants with some amazing moves during their specialized father of the bride dance.

Best of luck to Noah & Addison!!

Need Guidance on Workers’ Compensation or Employment Law? We’re Here to Help.

If you have questions about workers’ compensation claims, workplace policies, or employment law matters in Tennessee or Kentucky, our experienced legal team is ready to assist. We’re committed to helping employers and carriers navigate complex regulations with clarity and confidence.

Give us a call, your peace of mind starts with a conversation. (855) 919-4124