Every few months or so, we take a fresh look at our Practices and Procedures with an eye toward if they’re working well in the application. We also consider if anything new should be added in light of recent experience. Thus, we have revised the Practices and Procedures as follows. Rule 1.03, Subsection J Promptness for … Continue reading Practices and Procedures Updated
Year: 2016
In re: ‘Tis the Season for Injuries
By Judge Brian Addington, Kingsport As Christmas music has taken over the radios this time of year, I’ve tried to think of my favorite songs. I wrote a blog post in October about the song, “Baby, It’s Cold Outside,” but it is only one of many favorites. “Jingle Bells,” “Silent Night,” “It Came Upon a Midnight … Continue reading In re: ‘Tis the Season for Injuries
Help Wanted in Memphis
It's a bad news/good news scenario. The bad news: Judge Jim Umsted, Memphis, will be retiring shortly. The good news: He will continue to assist on a part-time basis to review/approve settlements in Memphis. The Bureau of Workers' Compensation and the Court of Workers' Compensation Claims in particular are grateful to Judge Umsted for his … Continue reading Help Wanted in Memphis
This and that
It is customary as the holidays approach that many persons wish to settle their cases before the year's end. Please be advised that the Bureau of Workers' Compensation will be closed on Dec. 26 and 27, 2016, as well as Jan. 2 and 3, 2017. Also, during open settlements, wait times might be a little … Continue reading This and that
New Mediation and Hearing Procedures Take Effect TODAY
By Judge Robert V. Durham, Cookeville Anything new is rarely perfect on the first try. Just ask Thomas Edison, who had to experiment with thousands of different materials and shapes before discovering the best filament to create a commercially viable light bulb. While none of us in the Court of Workers’ Compensation pretends to be … Continue reading New Mediation and Hearing Procedures Take Effect TODAY
Appeals Board: ‘Mud run’ injury isn’t work-related
Yesterday, the Tennessee Workers’ Compensation Appeals Board reversed a trial judge’s determination that an employee’s injury, sustained during participation in a charity “mud run” alongside co-workers, was compensable. The Board held the employee wasn’t “impliedly required” to race, nor was it part of his work duties. In Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of … Continue reading Appeals Board: ‘Mud run’ injury isn’t work-related
In re: Eastman Explosion in Kingsport
By Staff Attorney Martin Conway and Judge Brian Addington October 4, 1960. John Kennedy and Richard Nixon prepared for their second televised presidential debate. Roberto Clemente and the Pittsburgh Pirates were a day away from beginning their battle with Mickey Mantle and the New York Yankees in the World Series. In Kingsport, Tennessee, the day … Continue reading In re: Eastman Explosion in Kingsport
Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
At the most recent oral arguments before the Tennessee Workers’ Compensation Appeals Board, matters typically handled on the tail end of the litigation moved front and center. The Board considered the finality of judgments, among other issues, in a pair of cases on Nov. 3 in Nashville. In Garassino v. Western Express, the Board examined the … Continue reading Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
No Settlement Approvals on November 11
State offices are closed in honor of Veterans' Day.
Mark your Calendars
“Knowledge speaks, but wisdom listens.” This will be our mantra when conducting a series of listening sessions across the state over the coming month. The Court of Workers’ Compensation Claims and Mediation and Ombudsman Services of Tennessee want to hear from you. We are traveling to locations nearby or at all eight offices of the … Continue reading Mark your Calendars
Getting on Down to the Main Attraction
By Judge Allen Phillips, Jackson "Let's get on down To the main attraction, With a little less talk And a lot more action." I feel reasonably confident that Toby Keith was NOT referring to Tennessee Compilation Rule and Regulation 0800-21-02-.16 in the above refrain. However, the Court of Workers’ Compensation Claims now has a … Continue reading Getting on Down to the Main Attraction
Appeals Board Schedules Oral Arguments
The Tennessee Workers' Compensation Appeals Board recently announced it will convene oral arguments in two cases next month. On Thursday, Nov. 3, at 10:00 a.m., the Appeals Board will hear arguments in Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of Cleveland. Mr. Pope suffered injuries when participating in a charitable “mud run” sponsored by Nebco. At … Continue reading Appeals Board Schedules Oral Arguments
In Re: Spiders
By Judge Brian Addington I really want to dislike spiders. Some of it has to do with their ability to avoid destruction; some of it has to do with watching the "It" miniseries; and some of it has to do with walking headlong into a spider web and having a spider the size of a … Continue reading In Re: Spiders
Best Practices for Closing Future Medicals
By Judges Pamela B. Johnson, Lisa Lowe Knott and Dale Tipps Attorneys love certainty. They like to tell their clients what will happen, rather than what they think will happen or what should happen. Ambiguity drives them crazy. This perhaps explains why closed medical benefit settlements are the source of much weeping and gnashing of … Continue reading Best Practices for Closing Future Medicals
We’ve Moved!
Welcome to the Court blog's new home on WordPress. We've taken on a new look, which we hope you find aesthetically preferable to our old digs on Blogger. Our blog is new and improved. More importantly, we've added new features: If you'd like to receive emails whenever we post new information, you may sign up to follow … Continue reading We’ve Moved!
Appeals Board Issues Opinion Disfavoring Bifurcation
The Tennessee Workers’ Compensation Appeals Board sent a rather forceful message regarding the bifurcation of compensation hearings yesterday in Cotton v. HUMACare, Inc., et al. In a word, don’t. The case involved Karen Cotton’s entitlement to survivor benefits after her husband fell to his death from atop a cell tower on the job for Central … Continue reading Appeals Board Issues Opinion Disfavoring Bifurcation
Appeals Board Affirms in Lightfoot
The Tennessee Workers' Compensation Appeals Board affirmed the order of the Hon. Audrey Headrick, Chattanooga, on Monday in Lightfoot v. Xerox Business Services. In a 2-1 opinion, Presiding Judge Marshall Davidson found Judge Headrick did not abuse her discretion in dismissing the case with prejudice for failure to prosecute. The case sat on Judge Headrick's docket … Continue reading Appeals Board Affirms in Lightfoot
Court Releases Video to Assist Self-Represented Litigants
http://www.youtube.com/watch?v=P3cLqY638IM We're pleased to add a new video, available on the Court's website and above, to the tools the Court and the Bureau have developed to help self-represented persons better understand hearing procedure. As a reminder, other resources include the access to an ombudsman at 800-332-2667, as well as the Guidebook for self-represented employees.
Oral Arguments Redux
The Bureau's Communications Coordinator, Anna K. Houser, captured a few of photographic highlights from last week's oral arguments at Belmont University College of Law in Nashville. Excellent work, Ms. Houser. Judge Timothy Conner of the Tennessee Workers' Compensation Appeals Board asks a question, while Judges Marshall Davidson (presiding) and David Hensley listened intently to the … Continue reading Oral Arguments Redux
Appeals Board Conducts its First Oral Arguments
By Jane Salem, Staff Attorney, Court of Workers' Compensation Claims The Tennessee Workers Compensation Appeals Board must decide whether to breathe new life into two cases dismissed with prejudice. The Board held its first set of oral arguments on Aug. 31 at Belmont University College of Law in Nashville, before a courtroom packed with lawyers, Bureau … Continue reading Appeals Board Conducts its First Oral Arguments
From the Bench 