By Judge Thomas Wyatt, Chattanooga I could’ve named this article as I did because I was a Boy Scout. More pertinent to its purpose, however, I gave it this name because I was a trial attorney for 32 years. The motto resonates with me. I recently did a little research about the famous Scouting motto … Continue reading Be Prepared!
By Judge Pamela B. Johnson, Knoxville Recap: In my last blog post discussing the Statistical Data Form, I discussed the importance of the form. As a reminder, the Bureau analyzes data collected from the statistical data form and reports the relevant data to the legislature annually. To collect this information, the employer must file a … Continue reading UPDATE: The 411 on the new SD-2
By Penny Shrum, Clerk of Court, Nashville It's been two months since the Court’s electronic filing system, called TNComp, went live! This previous post describes the TNComp system, which allows parties to view and upload filings on a particular case. The Court has received 224 requests to access cases in the TNComp system since February. Only … Continue reading Achieving TNComp Validation
To all self-represented parties/lawyers who have tried a case within the last year: Last week, you should’ve received a survey asking you to provide feedback based on your experience with the Tennessee Court of Workers’ Compensation Claims. If you’ve already completed the survey, thanks for taking the time to provide us with your valuable feedback, … Continue reading Please Give us your Feedback
By Judge Robert Durham, Cookeville When conducting settlements, we’re sometimes called upon to consider the four factors that might impact the disability benefits employees may receive if they’re not back to a pre-injury wage. To be honest, it is a cut-and-dried affair in most cases. The biggest question is usually whether or not employees lost … Continue reading Thinking about the Fourth Factor
By Chris Acuff, Statistical Research Analyst, Nashville We actually don't know what the survey says -- yet. As part of the Tennessee Court of Workers' Compensation Claims' efforts to continually improve the hearing and settlement process for all parties, the Bureau of Workers' Compensation will be distributing a brief questionnaire to assess customers' experiences with … Continue reading The Survey Says…
The Tennessee Court of Workers' Compensation Claims is hosting "Coffee with the Court" at three locations in April. Yes, we really will serve coffee! The goal is to answer your questions and to listen to your constructive criticism and suggestions. We hope to listen more than we speak. Please mark your calendars now and plan … Continue reading You’re invited!
The Tennessee Workers’ Compensation Appeals Board recently set four cases for oral argument in Knoxville on April 26. Starting at 9:00 a.m. Eastern Time, the Board will take up Yeaman v. Kindred Health Care, where the Court denied a motion to dismiss for failure to prosecute. Afterward, counsel will argue whether the Court properly held … Continue reading Appeals Board Sets Knoxville Oral Arguments, Revises Rules
By Judge Brian Addington, Gray As spring break approaches, I started thinking about a topic that’s close to my heart: travel. I love to travel and experience new places, people and food. I love to return from a successful trip and share my experiences with others, encouraging them to travel there, too. I’ve enjoyed trips … Continue reading Safe Travels
By Judge Robert V. Durham, Cookeville As we crawl toward spring (I don’t care what the calendar says; February is never the shortest month) and leave the possibility of snow behind, I am reminded of the part of the Workers’ Compensation Act that has always intrigued me the most: the exemption for voluntary “ski patrolpersons” … Continue reading Skiing on Thin Ice
By Judge Brian Addington, Gray (formerly of Kingsport) It was a new experience when I walked in the door at 1908 Bowater Drive in Kingsport, Tennessee in late 2004 for the first time. What used to be a Greyhound bus station, unemployment office, car parts store and church now served as the Bureau’s Northeast Tennessee … Continue reading Precious Memories and a Bright Future
The Tennessee Bureau of Workers’ Compensation (BWC) now uses an innovative new system that allows attorneys and self-represented litigants to file documents without printing copies or traveling to BWC offices across the state. The new TNComp electronic filing system allows all parties to file contested case pleadings in a more efficient and cost-effective manner. Since BWC … Continue reading TNComp Goes Live!
The next day for settlement approvals in Maury County is March 28. If you have a claimant from the southern counties who prefers going to Columbia rather than the Murfreesboro office, contact Patsy Bumbalough or call 615-848-6743.
In case you've been too busy to keep up with the Appeals Board's decisions of late, we thought this practice tip might be helpful. Several recent appellate opinions have contained a version of the following language: Section 50-6-217(a)(3) authorized us to reverse or modify a trial court’s decision if the rights of a party were … Continue reading Nobody’s Perfect
By Judge Brian Addington, Kingsport I have written before about my interest and love of heroes, mentioning Alvin York and Tom Lee, both great Tennesseans. They exemplified courage in distinctly different ways and both were widely recognized for their accomplishments during their lifetimes. I am proud they called Tennessee home and are part of our … Continue reading Brave Tennesseean is ‘Righteous Among the Nations’
The next day for settlement approvals in Maury County is February 20. If you have a claimant from the southern counties who prefers going to Columbia rather than the Murfreesboro office, contact Patsy Bumbalough or call 615-848-6743.
By Chief Judge Kenneth M. Switzer, Nashville In case you missed it ̶ and most did ̶ the Legislature renamed the Second Injury Fund last session. Now known as the “Subsequent Injury and Vocational Rehabilitation Fund,” its responsibilities remain much the same for those practicing in this area. The “vocational rehabilitation” part is a topic … Continue reading Naming the SIF as a Party in your Case
By Jane Salem, Staff Attorney, Nashville Welcome back to the recap of the Appeals Board’s activities for the second half of 2017. Don’t forget that waiver you mentally signed last week. The Reform Act ushered in greater formality and (we hope) fairness into Tennessee workers’ compensation practice via the imposition of, or greater adherence to, … Continue reading Looking Back, Part Two
By Jane Salem, Staff Attorney, Nashville I recently promised an article about the Appeals Board’s activities from the second half of 2017. Here it is, in two parts. But first, please read and mentally sign the waiver below. Thanks. Now, before I delve into the cases, 2017 was memorable for the Appeals Board for reasons … Continue reading Looking Back at the 2017 Appeals Board Opinions, Part One
By Jane Salem, Staff Attorney, Nashville The Tennessee Workers’ Compensation Appeals Board took up a topic of interest to most practitioners – fees – in a pair of cases at its most recent docket of oral arguments. The judges dived deeply into two separate provisions of the Workers’ Compensation Law authorizing fees to employees’ attorneys … Continue reading Appeals Board Hears Arguments on Attorneys’ Fees Statutory Provisions