Summary
This Tennessee Workers' Compensation Appeals Board decision addresses an interlocutory appeal by an employer challenging a trial court's denial of a motion to compel the production of an injured employee's personal bank statements. The employer argued the records were necessary to verify whether the employee was working while receiving temporary disability benefits, citing social media posts suggesting self-employment. The Appeals Board affirmed the trial court's ruling, holding that the employee's privacy interests in his banking information outweighed the employer's discovery needs, particularly since alternative documents like pay stubs and tax returns were already available. The case is remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in denying the employer’s motion to compel the employee’s bank statements.
- Whether the employee’s privacy interest in his personal banking records outweighs the employer’s need for the information under Tennessee law.
Holdings
- The trial court did not abuse its discretion; the employee’s privacy interests in his personal banking records outweighed the employer’s need for the information.
- Yes; the employee’s privacy interest outweighs the employer’s need because the requested information is not essential and less intrusive means are available.
Key quotations
“The privacy of the banking information for [Employee’s] personal banking accounts outweighs the need for [Employer] to see that information.”
Factual background
Benji Hurt sustained a left‑shoulder injury on October 25, 2024 while working for Vinebrook Homes Trust, Inc. After medical treatment, the employer filed a petition for benefit determination and served discovery requests. The employee provided medical releases and partial responses but refused to produce his bank statements, which the employer sought to assess his ability to work while receiving disability benefits. The trial court denied the employer’s motion to compel the bank records.
Procedural history
The trial court granted the employer’s first motion to compel discovery, ordered the employee to sign medical releases, and later denied the employer’s motion to compel the employee’s bank statements. The employer appealed the denial.
Remand instructions
Remand the case for further proceedings consistent with this opinion.