Mark your calendars for an upcoming historical event!The Workers' Compensation Appeals Board announced last month that it will conduct its very first pair of oral arguments on August 31, 2016, in the courtroom at Belmont University College of Law in Nashville, commencing at 9:30 a.m. Central. The Board will hear Lightfoot v. Xerox Business Services. Per … Continue reading History in the Making
Year: 2016
In Re: Baby, It’s Cold Outside
By Judge Brian Addington, KingsportBoy, has it been hot! I cannot remember a hotter summer, although the record books say some recent years were just as steamy. I like to stay indoors when it gets this warm and try to think about cooler days. Which leads me to the song, "Baby, It's Cold Outside," written by … Continue reading In Re: Baby, It’s Cold Outside
What’s New with the Practices and Procedures?
When the Court updated its Practices and Procedures in July 2016, you may have found yourself asking “what’s new?” or “what’s different?” Some changes were minimal and likely went unnoticed by most. For example, the phrase “pro se” was changed to “self-represented” for consistency. However, there were a few substantive changes as well. Below are the changes for which you … Continue reading What’s New with the Practices and Procedures?
Help us Alleviate a Hiccup
Like most courts, the vast majority of cases in the Court of Workers' Compensation Claims settle. We, of course, view this favorably, as research generally suggests settling is better than going to trial.Nonetheless, we have noticed a small hiccup in our settlement approval process, and we respectfully ask for your help to cure it.Here's what happens: … Continue reading Help us Alleviate a Hiccup
In Re: The Fourth Estate
By Judge Brian Addington, Kingsport, and Jane Salem, staff attorneyJean-Baptiste Alphonse Karr, a Nineteenth Century French journalist, is credited with saying, "The more things change, the more they stay the same." Change happens all the time. Some folks like it; some do not.On July 1, 2014, the Workers’ Compensation Law changed in Tennessee. The idea … Continue reading In Re: The Fourth Estate
Motion Practice On the Rise
As time has passed, we have noted an increase in the number of motions being filed. Although this was not completely unexpected, we are surprised at the current volume of motions. This purpose of this post is to summarize the process by which the Court of Workers’ Compensation Claims operates when it comes to motions. … Continue reading Motion Practice On the Rise
No Settlement Approvals on July 22
There will be no settlement approvals statewide on Friday, July 22, because the judges will be at an education conference that day. Some of the judges will be en route on Thursday, July 21, so if you plan to seek an approval that morning, you might wish to check with your local office to see if … Continue reading No Settlement Approvals on July 22
A Primer on Discovery, Part Two
Last week, we summarized the rules for discovery in the early phases of a workers’ compensation claim through the mediation phase. This week, we’ll look at discovery once the mediator certifies a case to the Court of Workers’ Compensation Claims. As previously stated, the information below is meant to offer procedural guidance only. Our … Continue reading A Primer on Discovery, Part Two
A Primer on Discovery, Part One
By Jane Salem, Staff Attorney Under the prior Workers’ Compensation Law, discovery at the administrative level was fairly relaxed. Then came significant change with the Reform Act of 2013, which created the administrative court system and mandated application of the Rules of Civil Procedure and Evidence. Since July 1, 2014, when the amended … Continue reading A Primer on Discovery, Part One
Rule Changes in the Works
By Chief Judge Kenneth M. Switzer You spoke; we listened. The Tennessee Court of Workers' Compensation Claims has operated under a set of administrative rules that were drafted before we opened our doors. Now, with almost two years' experience under our belts, parties, practitioners and we on the Court have come to see what worked well, … Continue reading Rule Changes in the Works
More Guidance from the Appeals Board
Our Appeals Board continues to build a battery of caselaw interpreting the Reform Act. In Sirkin v. Trans Carriers, Inc., et al., the Board pointed out that compensability and causation are not interchangeable concepts. Payne v. D and D Electric, et al. examined summary judgment in the workers' compensation context. The Board discussed bifurcation of compensability … Continue reading More Guidance from the Appeals Board
In Re: Snakes
By Judge Brian Addingtion, KingsportSnakes. You either love them or hate them. I love them. The snake in this photo was innocently warming himself inside my outbuilding this spring. He was two feet long. I have removed a snake from the same location every spring for the last seven years. The one this spring was the smallest so far. My wife is … Continue reading In Re: Snakes
A Few Thoughts on Briefs
Since our court's inception, we have strongly encouraged the filing of briefs in advance of evidentiary hearings, as well as motion hearings that present dispositive or novel issues. Below are a few pointers on brief-writing. 1. It's a brief, not a position paper. Under the old law, attorneys wrote letters or emails to specialists explaining … Continue reading A Few Thoughts on Briefs
Revised PBD Form Goes Live Tomorrow
On May 5, 2016, two new Petition For Benefit Determination (PBD) forms should appear on our website. As we approach the end of the second year of the workers’ compensation reform, we have completed a thorough evaluation of the PBD form. Based on feedback from participants in the system, we have made substantial changes. The … Continue reading Revised PBD Form Goes Live Tomorrow
Wanted: Your Feedback
By Chief Judge Kenneth M. SwitzerOn Monday, May the 2nd, the Clerk forwarded an electronic survey to all attorneys on our list who have participated in some manner with the Court of Workers’ Compensation Claims since July 1, 2014. This survey consists of nine areas of performance for each of the judges. It may be … Continue reading Wanted: Your Feedback
Be Aware of Reform Act Penalty Provisions
By Judge Audrey Headrick, Chattanooga Did you know that workers’ compensation judges have statutory authority to issue penalties in two situations? The first situation where workers’ compensation judges may issue penalties is pursuant to Tennessee Code Annotated section 50-6-118(d) (2015). It states as follows: If an employee receives a settlement, judgment or decree under this … Continue reading Be Aware of Reform Act Penalty Provisions
April Appeals Board decisions, etc.
Let's do the "etc." first with a pair of announcements:1) Please be advised that there will be no settlement approvals in the Nashville office on Friday, April 29, 2016.2) We have updated the subpoena form on the website to contain HIPAA-compliant language when requesting medical information.With regard to activity from the Appeals Board, it has been roughly five … Continue reading April Appeals Board decisions, etc.
When the File Grows…
By Judges Brian Addington and Josh BakerA large part of a judge’s duty is to read the pleadings, exhibits, and depositions submitted by the parties. At times though, the paperwork can be extremely voluminous. Justice Antonin Scalia once famously asked Deputy Solicitor General Edwin Kneedler, “You really want us to go through these 2,700 pages?” … Continue reading When the File Grows…
More Renovations Underway
Last week, we substantially upgraded the courtrooms in Jackson and Memphis. The new benches generally look like this.We're very excited about and grateful for each and every improvement.In other news, yesterday the Court Clerk emailed the first survey referenced in a March 22, 2016 blog post. This short survey asks recent consumers of our Court … Continue reading More Renovations Underway
File Review Expedited Hearings: An Efficient Process for Resolution
By Judge Allen Phillips, JacksonWhen there is a dispute over medical and/or temporary benefits, the expedited hearing process provides an avenue for efficient resolution. This post will detail the process with an emphasis on a “file review” expedited hearing.Rule 0800-02-21-.14 (scroll to page 9) provides the procedure for Expedited Hearings. First and foremost, it must be … Continue reading File Review Expedited Hearings: An Efficient Process for Resolution
From the Bench 