We Hold These Briefs to Be Self-Evident

As we celebrate Independence Day, we hope you'll have the chance to enjoy good food, fireworks, and time with family and friends. Before the holiday festivities begin, we've gathered this month's legal updates, a look back at an interesting piece of American history, a few events happening around Tennessee and Kentucky, and, of course, a recipe and cocktail to round out the issue. We hope you have a safe and happy Fourth of July!

Be careful out there, I hope reading this newsletter isn’t one of the last things you do with all ten fingers!!!

Bench Buzz

Case Watch: Hendry v. 111 Travel Center — You Can't "Cancel" a Doctor's Opinion Before the Game Starts

Sometimes defense counsel spots what appears to be a smoking gun: a treating physician says one thing in a deposition and something different later in a Form C-32. The temptation is obvious: ask the court to strike the opinion altogether. 

In Bonnie Hendry v. 111 Travel Center, LLC, the Tennessee Workers' Compensation Appeals Board reminded litigants that it's not that easy. The Board affirmed a trial court's refusal to exclude a physician's Form C-32 before trial, holding that the alleged inconsistencies went to the weight of the evidence, not its admissibility. 

What Happened?

The employee deposed her treating physician, Dr. Christopher Jones, in February 2025. During his testimony, Dr. Jones acknowledged limitations in his opinions regarding causation. He testified that he could not state with medical certainty what caused the employee's labral hip tear and indicated that another tear could have resulted from either an acute injury or repetitive strain. 

Roughly a year later, the employee filed notice that she intended to rely on a Form C-32 (Standard Form Medical Report) completed by Dr. Jones instead of presenting further deposition testimony at trial. Tennessee law expressly allows the use of a Form C-32 if proper notice is given. 

The employer believed portions of the Form C-32 contradicted Dr. Jones's earlier deposition testimony and filed a Motion in Limine to Strike the Form C-32, arguing that Tennessee's "cancellation rule" required exclusion of the report. 

The trial court disagreed, and the employer pursued an interlocutory appeal. 

The Appeals Board's Decision

The Appeals Board affirmed. 

The Board explained that Tennessee's cancellation rule applies when a witness makes contradictory statements regarding the same material fact that are susceptible to only one interpretation. In those rare circumstances, the contradictory testimony may effectively cancel itself out. 

However, the Board identified several problems with the employer's argument: 

• The litigation had not yet gone to trial, meaning the court could not determine what additional evidence might explain or corroborate the physician's statements. 

• The alleged inconsistencies were not shown to be "unequivocal and irreconcilable" at this stage of the case. 

• Most importantly, Tennessee's workers' compensation statute provides a specific procedure for objecting to a Form C-32, including a 10-day deadline to object after receiving notice. The employer did not follow that procedure and instead filed a motion to strike weeks later.

The Board concluded that any inconsistencies between the deposition testimony and the Form C-32 affect how much weight the judge should give the evidence, not whether the evidence may be considered at all. 

Why This Matters

For Defense Lawyers:

Procedural deadlines matter. 

The most significant takeaway may not be the cancellation rule analysis—it may be the Board's emphasis on the statutory Form C-32 objection process. If a claimant files notice of intent to use a Form C-32, defense counsel should immediately evaluate whether to object and preserve cross-examination rights within the statutory timeframe. Missing that deadline can substantially weaken later admissibility arguments. 

Don't confuse impeachment with exclusion. 

Even where a physician appears inconsistent, courts may view the discrepancy as fertile ground for cross-examination rather than a basis for striking the evidence entirely. The Board signaled that pretrial exclusion based on alleged contradictions will remain an uphill battle absent truly irreconcilable testimony. 

For Insurance Carriers:

This decision reinforces the importance of early claim file review and litigation tracking. When a Form C-32 is served, carriers should ensure defense counsel is evaluating statutory deadlines promptly. A missed objection deadline can remove strategic options and allow potentially unfavorable opinions into evidence. 

For Employers:

Employers should understand that conflicting medical opinions do not automatically eliminate an employee's evidence. Even when a doctor appears to have changed positions, the judge may still hear the testimony and determine what weight it deserves. 

As a result, strong claim investigation, documentation, and witness preparation remain critical because medical inconsistencies alone may not dispose of a claim before trial. 

Defense Takeaway

The lesson from Hendry is simple: if you believe a Form C-32 conflicts with prior testimony, don't rely on the cancellation rule as a silver bullet. Preserve your statutory rights, timely object, and be prepared to attack credibility and causation through cross-examination. In Tennessee workers' compensation cases, contradictory medical opinions are often a matter for the trial judge to weigh—not a reason to keep the evidence out altogether. 

Bottom Line: Weight beats admissibility. The Appeals Board made clear that alleged inconsistencies between a doctor's deposition and Form C-32 generally create an argument for impeachment at trial, not exclusion before trial. 

Tennessee Spotlight:

🎆 Let Freedom Sing! Music City – Nashville

Celebrate Independence Day in the heart of downtown Nashville at the annual Let Freedom Sing! Music City celebration, one of the nation's largest Fourth of July events. The free festival features live music throughout the day, capped off by a performance from the Nashville Symphony and a spectacular fireworks show synchronized to live music. It's a memorable way to celebrate America's birthday in one of the country's most iconic music cities.

This event is happening on July 3rd & 4th, with a spectacular drone & fireworks show culminating the festivities Saturday evening.

Kentucky Spotlight:

🎇 Louisville Waterfront Fourth of July

Louisville's Waterfront Fourth of July celebration is one of Kentucky's premier Independence Day events, drawing thousands to the banks of the Ohio River for an evening of live entertainment, family-friendly activities, food vendors, and a spectacular fireworks display. Bring a blanket or lawn chair and enjoy a festive summer evening with one of the region's best waterfront fireworks shows.

This event is happening on July 4th, from 5-10pm.

Historical Precedent

The Surprising Story Behind America's Independence Day

Every year, Americans gather on July 4 to celebrate the nation's independence with parades, fireworks, cookouts, and patriotic displays. But many are surprised to learn that the vote for independence actually happened two days earlier, on July 2, 1776.

On July 2, the Second Continental Congress approved Richard Henry Lee's resolution declaring that the American colonies "are, and of right ought to be, free and independent States." It was the moment the colonies formally voted to break away from Great Britain, making July 2 the day the decision for independence was officially made.

So why do we celebrate on July 4?

After approving the resolution, Congress spent the next two days finalizing the wording of the document that would explain and justify its decision to the world. On July 4, 1776, delegates adopted the final text of the Declaration of Independence, primarily drafted by Thomas Jefferson with contributions from John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston.

Although many delegates signed the document weeks later, July 4 appeared on the printed copies distributed throughout the colonies. Newspapers quickly published the Declaration with that date prominently displayed, and Americans soon began commemorating July 4 as the nation's birthday.

One of the strongest advocates for July 2 was John Adams himself. In a letter to his wife, Abigail, written the day after the vote, Adams predicted that July 2 would be remembered for generations:

He imagined annual celebrations marked by "Pomp and Parade... Bonfires and Illuminations." His description wasn't far off. The only detail he got wrong was the date.

Nearly 250 years later, the Declaration of Independence remains one of the most influential legal and political documents in American history. Its assertion that all people are created equal and possess certain unalienable rights has shaped constitutional law, inspired democratic movements around the world, and continues to be cited in discussions about liberty and individual rights.

So, while Americans celebrate on July 4, it's worth remembering that the nation's path to independence was a two-step process: July 2 marked the decision to become independent, and July 4 marked the adoption of the document that announced that decision to the world.

Sidebar: Did You Know?

Before becoming the seventh President of the United States, Andrew Jackson made Tennessee his home and built the estate known as The Hermitage near Nashville. Jackson fought in the Revolutionary War as a teenager and later became one of the state's most influential legal and political figures, serving as a lawyer, judge, and military commander before reaching the White House.

His career reflects Tennessee's deep ties to the nation's early history and legal development.

Fireworks & a sweet tooth

American Flag Fruit Pizza - Recipe submitted by Paralegal, Brandi Stafford.

Looking for an easy patriotic dessert? This festive American Flag Cookie starts with refrigerated sugar cookie dough, is topped with a creamy cheesecake-style frosting, and decorated with fresh strawberries, blueberries, and fluffy whipped topping. It's simple to make, perfect for sharing, and sure to be the star of your Independence Day celebration.

• Pillsbury Sugar Cookie Dough– 1 tube, softened

• Cream Cheese– 8oz, allow to soften a bit

• Powdered Sugar- 1 cup

• Vanilla Extract- ½ tsp

• Cool Whip- 8oz

• Assorted Fruit– Blueberries, strawberries – can also add raspberries and blackberries.

Preheat oven to 375 degrees and spray a cookie sheet with non-stick spray, or line with parchment paper. Take the cookie dough out and slice into ¼ inch pieces. Place the pieces into the shape of a flag on your prepared cookie sheet and press the edges to make one large piece. Bake in preheated oven for about 11-12 minutes, or until golden brown. Remove from oven and allow to cool completely.

In a mixing bowl, beat the cream cheese until smooth. Add in the powdered sugar and vanilla extract. Spread the cream cheese frosting over the sheet cookie. Take the strawberries and remove the stem. quartering them.

Design your flag on the cookie by using blueberries and/or blackberries for the blue square. Add cool whip into a piping bag with a star tip or use a Ziploc bag with the corn snipped off.

For the red and white stripes, place the quartered strawberries and/or raspberries in a line, then add a line of cool whip. Repeat process to fill out cookie.

Chill in fridge until ready to serve.

CHEWY RED, WHITE, AND BLUE COOKIES - Recipe submitted by Attorney Britni Holland

Yield: 5 dozen

• 1 cup firmly packed brown sugar

• 1 cup granulated sugar

• ½ cup butter or margarine, softened

• 3 large eggs

• 1 ½ cups creamy peanut butter

• 1 teaspoon vanilla extract

• 1 teaspoon light corn syrup

• 4 ½ cups uncooked regular oats

• 1 cup semisweet chocolate morsels

• 1 cup red, white, and blue candy-coated chocolate pieces

• 2 teaspoons baking soda

Beat sugars and butter at low speed with an electric mixer until creamy. Add eggs and next three ingredients, beating until combined. Stir in oats and remaining ingredients.
Drop by tablespoonfuls onto ungreased baking sheets. Bake, in batches, at 350 degrees for 15 minutes. Remove to wire racks to cool.

Freedom Cobbler - Recipe submitted by Attorney Kendra Birtsch

• 1 carton each of Blueberries, Strawberries & Raspberries

• 1 box vanilla cake mix

• 1 to 1.5 cups of brown sugar

• 1.5 sticks butter

Layer the bottom of a 9x13' pan with all the berries.
Sprinkle the box of cake mix on top of the fruit.
Layer the brown sugar on top of the cake mix
Slice the butter into pats and place evenly on top.
Bake at 375 degrees for 40 minutes.
Serve warm with vanilla ice cream!

Stars & Stripes Sparkler

A festive red, white, and blue cocktail that's refreshing, easy to make, and perfect for a 4th of July cookout.

Ingredients

• 2 oz vodka (or silver rum)

• 1 oz lemonade

• ½ oz simple syrup

• 4 fresh strawberries

• A handful of blueberries

• Club soda or lemon-lime sparkling water

Garnish

• Strawberry slice

• Blueberries

• Small American flag pick (optional)

Instructions

1. In a shaker, muddle the strawberries with the simple syrup.

2. Add vodka, lemonade, and ice.

3. Shake vigorously for about 15 seconds.

4. Strain into a tall ice-filled glass.

5. Add a handful of blueberries.

6. Top with club soda.

7. Garnish and serve.

Fireworks Upgrade

For a layered red-white-blue look:

1. Pour the strawberry-vodka mixture into the glass first (red layer).

2. Slowly add a little lemonade mixed with a splash of cream or coconut cream (white layer).

3. Gently float a blueberry-infused club soda on top by pouring over the back of a spoon.

Party Batch (Serves 8)

• 2 cups vodka

• 1 cup lemonade

• 1 cup simple syrup

• 1 pound strawberries

• 1 cup blueberries

• 3 cups club soda

Mix everything except the club soda ahead of time and refrigerate. Add soda just before serving.

The Pawsecution Rests

Garrett Belcher joined Peterson White, LLP in 2023 as an Associate Attorney.

Garrett is a Southwest Virginia native, raised in the Appalachian Mountains of Bluefield, Virginia. He received his Bachelor of Science in Business Administration from the University of Virginia’s College at Wise with cum laude honors. In 2018, Garrett and his wife, Sarah, moved to Tennessee to reach their educational goals and pursue new opportunities. Immediately after moving to Tennessee, both Garrett and his wife fell in love with the “Scruffy City” and decided to call it their new home. In 2021, Garrett received his law degree from the Lincoln Memorial University’s Duncan School of Law. During law school, Garrett received CALI awards in both Contracts and Legal Ethics. As Garrett was preparing for the July 2021 Tennessee Bar Exam, he and his wife welcomed their first child, Ella, to the world on July 22, 2021.

In Garrett’s free time, he enjoys spending time with his wife and daughter, visiting family and friends, walking and riding bikes on Tennessee’s greenways, trying new restaurants and different beers, watching binge-worthy TV, playing his favorite video game “Rocket League”, and taking their dogs to the dog park. Garrett is also an avid fan of all genres of music and can play the guitar and ukulele.

Meet Cami (tan), a 14-year-old Lhasa Apso; Duke (dark brown), a 9-year-old Yorkie mix; and Spencer (light brown), a 2-year-old Goldendoodle.

Cami’s favorite things are food, being vocal, and overseeing the house. The other dogs respect Cami’s wisdom and authority; in short, Cami is in charge. Cami also has an interesting quirk: every time we come home after being out of the house, she immediately feels compelled to grab the nearest item and present it to us like a gift, whether it is a dog toy, a hat, or a shoe.

Duke, being the smallest, is naturally the protector of the house and would confidently fight a lion if he thought we were in danger. Duke’s favorite things are sweets, sleeping under blankets, and sunbathing. He is cold-blooded and shivers if the temperature drops below 75 degrees; he also sleeps under the covers every night. We often find Duke lying on the floor in the exact spot where the sun shines through the window.

Spencer is a 2-year old Goldendoodle who was gifted to us due to what I will politely call his “charismatic personality.” Spencer’s favorite activities include getting the “zoomies,” playing fetch, rolling his tennis balls under the couch, sitting under our baby’s highchair to wait for fallen food, and hunting for—and eating—pacifiers. Spencer has no concept of personal space and has been known to jump into the bathtub mid-shower. His greatest skill is using the least amount of brainpower possible so he can later convert that saved energy into more zoomies.

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