By Jane Salem, staff attorney, Nashville; photos by Anna Sudberry, Communications Coordinator, Nashville Does the discovery rule as it relates to the one-year statute of limitations remain viable under the Workers’ Compensation Reform Act? Attorneys responded to vigorous questioning on this and other weighty legal issues from three cases at the most recent oral … Continue reading Appeals Board Examines Discovery Rule
Month: July 2017
Good-bye and Good Luck
By Judge Brian Addington, Kingsport It was not that long ago that Martin Conway ̶ we call him Marty ̶ came to work for the Bureau as a Specialist IV. Wait a second; it has been nine-plus years! My, how time flies. Marty came to the Bureau from Wimberly Lawson, a private law firm. He … Continue reading Good-bye and Good Luck
Settling Cases with Medicare Set-Aside Agreements
By Judges Joshua Davis Baker, Nashville, and Audrey Headrick, Chattanooga The federal government established a means for parties to settle medical benefits in what is termed a Medicare Set-Aside Arrangement or "MSA." These arrangements are submitted to and approved by Medicare (if you have the patience to wait long enough) and cover what is anticipated … Continue reading Settling Cases with Medicare Set-Aside Agreements
Ten Tips for Better Trial Practice
By Judge Dale Tipps, Murfreesboro I recently gave a presentation on practice tips at the Bureau’s annual Educational Conference. It was such a triumph that I’m going share some of it here. (“Triumph” means I finished on time and no one fell asleep.) Ask the Question. Specifically, ask the doctor. Many expedited hearings could be … Continue reading Ten Tips for Better Trial Practice
In Re Deadman’s Curve
By Judge Brian Addington, Kingsport I grew up liking surfer music. I especially enjoyed the Beach Boys and Jan and Dean. In 1978, the movie “Deadman’s Curve” came out as an autobiographic tale about Jan and Dean. The song by that name reached number eight on the Billboard chart in April 1964; it is a … Continue reading In Re Deadman’s Curve
Appeals Board Opinions Recap, Part Two
By Jane Salem, Staff Attorney, Nashville Welcome back to our review of Appeals Board decisions for the first half of 2017. Now that we've celebrated the Fourth, it's time to start shopping for back to school, right? Last week, we looked at causation. This post will be about everything else. Turning first to some of … Continue reading Appeals Board Opinions Recap, Part Two
From the Bench 