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Questions Answered by Thomas Walter Tucker
1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Can I receive workers' compensation benefits, even if my injury did not occur in my office?
Thomas Walter Tucker
Thomas Walter Tucker answered on Apr 20, 2018

The answer is maybe. Generally, in order to have a "compensable" work injury in Tennessee, the injury must "arising primarily out of and in the course and scope of employment, and is identifiable by time and place of occurrence." If your work required you to be out of the office and you were... Read more »

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Can a insurance company send a summons 2 years after a wreck in 2016 when my insurence company didn’t contact me?

I had a accident in 2016 on a wet road and at fault for sliding across the road into another vehicle. I had insurance at the time and wasn’t notified that I would be in a lawsuit for the car I hit. This lawsuit was sent 2 years later but filed in 2017 4 days from making the accident a year old.... Read more »

Thomas Walter Tucker
Thomas Walter Tucker answered on Mar 27, 2018

If you had car insurance at the time of the accident, contact your insurance company to let them know of the lawsuit. They should protect you pursuant to the policy, which would include an attorney. If you did not have valid car insurance, you are on your own but should consider contacting an... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: What can I do if the executor is stealing from the estate?

My dad passed away and named his current wife as executor in the will. The will states she doesn't have to do an inventory. I am an heir listed in the will. She has given most of the estate to her family members who are not listed as beneficiaries in the will. The will is still in probate. It... Read more »

Thomas Walter Tucker
Thomas Walter Tucker answered on Feb 21, 2018

You need to speak with an attorney as soon as possible. Based on your statements, your step mother is violating her fiduciary duties as the executor by distributing the estate property not in accordance with the will. You need to consider asking the court to remove and replace her with a new... Read more »

3 Answers | Asked in Car Accidents for Tennessee on
Q: Personal injury ?

Me and my fiancé recently got into a bad wreck was needing legal advice am I chatting w the right ppl

Thomas Walter Tucker
Thomas Walter Tucker answered on Jan 29, 2018

In order to address your question, you would need to provide additional information about the accident. What happened? Who caused the accident? Does that person have car insurance? Do you have car insurance? Were the police called and did they prepare a report? (Plus many more questions.)... Read more »

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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: A family member was hit by a car that rammed through the wall where she was working as a waitress.

Her hip & femur both broken. She is now undergoing surgery. Her employer says she cannot collect workers compensation. I do not believe this. Is it true? This happened in Nashville. Thank you for any help

Thomas Walter Tucker
Thomas Walter Tucker answered on Nov 10, 2017

Your family member needs to consult with an experienced Tennessee attorney who handles both workers' compensation and personal injury claims. There are too many issues to be addressed in the space allowed.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Should I only have to pay 5% of the bills?

I am involved in a difficult situation with my grandmothers will. She died almost 4 years ago and the will has not been done. Her house is still full of possessions and there’s no end in sight of cleaning it out. I am written in for 5% of her belongings. My aunt has spent all of the remaining... Read more »

Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 26, 2017

You need to discuss this with a lawyer. Your question suggests either the will has not been filed with the Court and an estate opened or the estate has been opened but not properly and timely administered. Who was appointed as the Executor of the will/estate? Does the will waive an inventory and... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Liability involving a borrowed car

My son borrowed a friends truck. He was involved in a minor fender bender that was his fault. Both vehicles have damage and no injuries. What is his liability exposure ?

Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 13, 2017

If your son had the friend's permission to drive the truck and the friend had auto insurance, the friend's insurance will likely cover the repair costs after the deductible. If the friend did not have auto insurance and your son does, your son's insurance will likely cover the repair costs after... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Settled with wc after an injury with lifetime medical now they won't pay for my medication from the injury what do I do?

Was injured at work had several surgeries settled for alot less for lifetime medical now they keep denying to pay for my medication that I take because of the injury and have been taking the duration of my injury this never was a problem before a settlement what can I do?

Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 9, 2017

Your employer is only responsible to provide reasonable and necessary future medical benefits for a work injury. Not sure of the reason they are denying the medication. If your authorized treating physician has ordered the medication and the employer has not approved it, there are possible... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: Received a settlement proposal for wc claim. It includes $1,000 extra for med benefits closure. Can I refuse that part?

Injured knee at work - required surgery. Now I have received a settlement proposal based on % "impairment rating" plus they added $1,000.00 lump sum payment in consideration of agreement to close the right to future medical treatment. Not comfortable with this. Would rather refuse the $1,000.00 to... Read more »

Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 9, 2017

The insurance company cannot force you to settle the future medical benefits at any time. You can advise them you will agree to the permanent partial disability benefit based on the impairment rating and you decline their offer to close your medicals. They will be responsible for reasonable and... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on
Q: I hurt my back at work and have been out for over a month! Since I was reinjured on light duty the comp lady said I....

Wouldn't recieve benefits and never calls me back I don't know what to do! They also have a claims lady coming with me to every appointment can I refuse her in the exam room

Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 9, 2017

You need to contact a local workers' compensation attorney or the Ombudsman program through the Bureau of Workers' Compensation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: is it a defense to possession of a weapon under the influence that you were carrying on your own property?
Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 9, 2017

Not sure what the "weapon" was.

T.C.A. § 39-17-1321 states: "Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it a defense to carrying a deadly weapon under the influence that you were on your own private property?
Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 9, 2017

Not sure what the "deadly weapon" was.

T.C.A. § 39-17-1321 states: "Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or...
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2 Answers | Asked in Car Accidents and Employment Law for Tennessee on
Q: I am a self employed person and got into an accident, my fault, but my bosses want me to reimburse them for the damages

Are my bosses allowed to make me reimburse them for the towing fees, and their deductible for the accident also if I don't they will hold my paychecks. I am no longer working for them

Also they constantly blamed me for their bank accounts getting frozen when I went to go deposit my... Read more »

Thomas Walter Tucker
Thomas Walter Tucker answered on Oct 9, 2017

Not sure how you are self employed and have bosses at the same time. Regardless, it likely depends on the business arrangement/contract you had with your bosses, which was hopefully in writing. Generally, if you agreed to be responsible for the vehicle, you are likely responsible.

T.C.A....
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