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Tennessee judge denies workers' comp bid after forum choice in Virginia
The expedited hearing order dated Sept. 30, 2026 centered on whether the worker had selected Virginia when he filed there twice before pursuing Tennessee.
An injured worker sought Tennessee workers' compensation benefits after alleging a back injury, but a Tennessee judge denied the bid, finding the worker had already locked in Virginia as his filing forum.
Insurance Business reports the court said the choice was established because the worker filed twice with the Virginia Workers' Compensation Commission before ever trying Tennessee, including filings in connection with an April 1, 2025 injury at a Virginia jobsite.
The judge also relied on timing and filings described in the case, including that the worker went to a hospital the night of the incident, later underwent surgery on April 8, and then confirmed in a recorded statement to a Builders Insurance adjuster that he intended to file in Virginia before making a second Virginia filing on April 26.