I’ve known Judge David Hensley for over 17 years. When we met, David was in private practice and I was working as a staff attorney for the Division of Workers’ Compensation (now called the Bureau of Workers’ Compensation). A lot has changed since then, but many constants remain.
One constant is the importance of family to David. He married Dianne, the general manager of power trading for TVA, almost 39 years ago. Dianne immediately knew David was adventurous, as they spent their first date racing in a sailboat competition!
David and Dianne have two daughters, both of whom are now grown with children of their own. Laurel Powell is an architect and Caroline Doster is a chemical engineer with an MBA.
David’s six grandchildren range in age from 18 months to 10 years. When asked to describe his greatest accomplishment, I expected David to refer to his time as an appellate judge. Instead, he expressed his pride in raising children who have professional degrees and lead balanced lives.
David’s enthusiasm for water sports – especially water skiing – spilled over to his daughters. For example, Caroline learned to ski at age 8 and started skiing competitively a year later.
Along with professional coaches, David coached Caroline as she won several national and world titles. He’s now carrying on this tradition with his grandchildren, so there might soon be more competitive skiers in the family.
Another constant in David’s life is his respect for higher education. In 1976, David graduated summa cum laude from East Tennessee State University. His parents did not have professional backgrounds, but he knew people respected lawyers and considered the practice of law an admirable profession.
That knowledge inspired him to attend the University of Tennessee College of Law, where he graduated in 1979. David then clerked for the late Judge Herschel P. Franks of the Tennessee Court of Appeals from 1979 to 1980.
After his clerkship, David practiced law from 1981 to 2003 with the firm initially known as Milligan, Hooper & Harris, which later became Milligan Barry, Hensley & Evans. David felt fortunate to work at the small firm, which he described as family-oriented.
As a young lawyer, David considered the now-retired Tom Harris a mentor. He respected Mr. Harris for his integrity and considered him a principled man. David aspired to model those values – and he has.
In 2004, David joined Franklin, Cooper & Marcus, where he was a partner and shareholder. He enjoyed working at a small firm, which he said entailed less stress than what lawyers often face at larger firms. David’s practice consisted of general civil work focused on insurance defense and workers’ compensation.
Ten years later, then Tennessee Gov. Bill Haslam appointed David to the newly created Workers’ Compensation Appeals Board. This appointment stemmed from the Reform Act of 2013, which created the Court of Workers’ Compensation Claims and the Appeals Board.
Along with David, the original board consisted of Judge Marshall Davidson, who served as presiding judge, and Judge Timothy Connor.
David credited Judge Davidson’s experience working with the Tennessee Supreme Court in developing the appeals board’s framework, which included hiring a staff attorney, a paralegal and an appellate clerk.
Judge Davidson, who retired from the board in December 2019, worked diligently to ensure the legal community viewed and respected the board as an appellate court.
David’s high regard for Judge Davidson’s leadership has always been obvious. The feeling is clearly mutual.
“A number of things come to mind when I think of David,” Judge Davidson recently said to me. “David once took me sailboat racing. I’d never been on a sailboat before and it quickly became apparent that hanging on for dear life was essential. David is fiercely competitive!
“Most people tend to slow down the older they get. David just keeps speeding up. He’s an endless bundle of energy.
“David is the only man I know whose wife can fall overboard during a sailboat race, and even though he doesn’t stop to pick her up, he’s still able to remain happily married!
“Most judges I know are fairly risk-adverse and cautious by nature. David doesn’t seem to have a cautious bone in his body. His hobbies and interests, which are many and varied, all involve some element of risk, if not danger.
“When working together on cases, David could be a handful – but in good ways. He wanted us to get it right, especially when nuances were involved. David has a great affinity and respect for the law and enjoys debating the law.
“He also eats more salads and salmon than anyone I know.
“David has reminded me more than once that life has an expiration date and that we would do well to live it to the fullest. I so appreciate that wisdom.
“David is one of those rare guys who can run down the origins of an obscure statute, water ski at high speed, race sailboats, climb to the top of a tall palm tree to trim dead vegetation, lay large stone retaining walls, teach his pre-school grandkids to ski, hike to the top of a mountain, scuba dive, renovate a house and then be ready for more [so-called] fun.
“I learned much from David – about the law and life.”
David has many positive memories of his time serving on the appeals board, so I asked him to share his favorite one with me.
He described the first time the board heard oral arguments in the chambers of the Tennessee Supreme Court. David had argued in the same court many times over the course of his private practice and said participating from the other side of the bench was a humbling experience.
Among the several things David will miss after his March 31 retirement is the opportunity to address the never-ending new issues the appeals board faces. Surprisingly, David said he frequently visited the public library in search of answers because it provided access to every Tennessee Public Act, including the Workmen’s Compensation Act of 1919.
According to David, he felt compelled to search the history behind every statute the board was called on to construe in an effort to determine the purposes for which the statutes were enacted.
Not surprisingly, he said he turned into a bit of a history buff on workers’ compensation.
A true historian, David co-authored “A Century of Progress and Perspective: Workers’ Compensation in Tennessee” with other judges and lawyers across the state. The Tennessee Bureau of Workers’ Compensation published the book in 2019 in recognition of the centennial celebration of workers’ compensation in Tennessee.
Those who attended the bureau’s formal event hosted on June 12, 2019, received a copy of this book. For those who did not, the tome is available on Google Books.
A co-author of the book, Presiding Judge Tim Connor, recently shared his thoughts with me as David’s retirement approached:
“I’ve found David to be passionate about the law. He enjoys the academic aspects of the law and relishes a good debate. He strives to consider every nuance of statutory language and every impact of any particular interpretation of that language. It’s been my honor to serve as his debate partner and colleague these last eight years.
“David is also someone who faces challenges head on. He loves adventure and learning new things. He’s 100% dedicated to whatever activity he’s engaged in, whether he’s drafting a complicated appellate opinion, learning to sail or water skiing. I hope he and his wife enjoy their well-earned retirement.”
I think everyone who knows David would agree with Judge Connor that David relishes a good debate – on any topic.
The appeals board’s newest member, Judge Pele Godkin, whom Gov. Lee appointed in January 2020, also shared her thoughts on serving with David with me.
“I’ve come to know David as meticulous and someone who goes above and beyond to not only understand the law but also the history behind it. As a jurist, his analysis is thorough, his writing is sharp and he’s always well-prepared.
“David’s love of a good academic debate never fails to demonstrate his expertise with legal principles in general and the nuances of workers’ compensation law in particular. It’s been a privilege to serve on the board with him these past two years.
“I wish David and his wife the best as they embark on this new season of life and thank him for his decades of service as part of our legal community.
“As David retires, he can be proud of the integral part he played in creating a body of careful, consistent case law as one of the first judges appointed to the Workers’ Compensation Appeals Board. He will be missed.”
I agree with Judge Godkin – everyone who worked with David or appeared before him will miss him.
What does the future hold for David?
Impressively, David is working toward obtaining a “6-pack” license, or Operator of Uninspected Passenger Vessel license. The U.S. Coast Guard awards this license, which allows the holder to take up to six paying passengers on the water.
Obtaining the license requires a minimum of 360 days on the water in addition to passing the U.S. Coast Guard test. Not surprisingly, David has already passed the test and is continuing to document his time on the water.
You’d never suspect that David is almost 68 based on his active lifestyle and retirement plans. He and Dianne hope to spend a lot of their time in or on the water snorkeling, sailing, racing and cruising. When they’re not on the water, they’ll probably be hiking in our national parks.
Long story short: We thank you, David, and wish you the best.