By Judge Lisa Lowe. Knoxville Yes, just like the Byrds told us, to everything there is a season. (By the way, they stole that from King Solomon; apparently his copyright had expired.) You might ask, dear readers, “Which season is it now? Is it winter or the holiday season?” No, friends…it’s the season to check … Continue reading To Everything, There is a Season (Turn, Turn, Turn)
By Judge Deana Seymour, Memphis Have you noticed the recent popularity of escape rooms? You know – those games where a team, confined to a room, studies the clues and tries to escape? If the team follows the clues, the escape occurs without a hitch. But sometimes a missed clue along the way prevents release. … Continue reading Getting in — and out — of the game
By Judge Dale Tipps, Murfreesboro I usually get nervous when I receive an email titled “friendly reminder,” because it’s often a euphemism for “final warning.” This post isn’t intended as a warning, final or otherwise. However, I’ve noticed some settlement approval concerns over the past few months. Below are some ways to avoid future “friendly … Continue reading Some Friendly Reminders
By Chief Judge Kenneth M. Switzer, Nashville Since the creation of the Court of Workers’ Compensation Claims in 2014, we have held all our settlement approvals and trials in our eight locations around the state. For more information about these locations and their individual procedures, click here. We soon realized that some of these locations are long … Continue reading Coming soon to a courtroom near you
On Monday, the Appeals Board released its opinion in Sharee Clay v. Signature Healthcare. The Board heard argument in the case on Oct. 1. It affirmed Judge Joshua Davis Baker's compensation hearing order. The case asked the Board to consider the trial court's decision to exclude Signature Healthcare's expert testimony as hearsay, finding that counsel … Continue reading Appeals Board issues opinion on competing experts
Today the Appeals Board affirmed a trial court decision denying a motion in limine that sought to exclude an expert's deposition testimony because the physician had no training in use of the AMA Guides and stated at one point that she could not recall how she arrived at her rating. In Ailshie v. TN Farm … Continue reading Appeals Board affirms opinion on admissibility of ‘self-taught’ expert’s testimony, clarifies discovery rights
The Tennessee Bureau of Workers’ Compensation has appointed its inaugural position for the new Next Step Program. Marion Southall White was hired as the first Vocational Recovery Specialist for the Next Step Program. Marion comes from a career development background with the Institute for Career Development for the United Steelworkers. She brings years of manufacturing … Continue reading Next Step Program Specialist Announced
Today the Tennessee Workers' Compensation Appeals Board reversed a trial court order allowing an employee to have his own physician "present" by electronic means at an independent medical examination. Read the opinion here.
By Jane Salem, Staff Attorney, Nashville A pair of injured employees wants to have their physician “present” at an independent medical examination via videoconference or live-streaming. In one case, the judge allowed ordered that videoconferencing be arranged; in another case, a different judge declined to order it. Who got it right? The Tennessee Workers Compensation … Continue reading Appeals Board Considers Electronic “Presence” at Independent Medical Examinations
By Chief Judge Kenneth M. Switzer, Nashville In the recent Tennessee Workers’ Compensation Appeals Board decision Vickers v. Amazon.com, the Board observed that it is "unclear" why the email address to file a petition for benefit determination is that of the ombudsman program rather than the clerk of court, the customary recipient of a pleading. In … Continue reading Bureau Revises Petition for Benefit Determination
By Judge Robert Durham, Cookeville As a judge, I appreciate the opportunity this blog affords me. It gives me a chance to vent to the world at large (or at least, the tiny part that cares about Tennessee workers’ compensation) about some of my pet peeves. Today’s pet peeve: email addresses. As you might know, … Continue reading Return to Sender–Address Unknown
By Judge Brian Addington, Gray I went out for lunch the other day and heard an '80s song that I had not heard in years, Head to Toe, by Lisa Lisa and Cult Jam. That song really got in my head, and I came back to the office thinking about it. Eventually, it led me … Continue reading Rest in Peace, Scheduled Members
By Judge Amber Luttrell, Jackson Through this blog, the Bureau of Workers’ Compensation and the Court of Workers’ Compensation Claims seek to share insights, tips and developments on all things relevant to Tennessee workers’ compensation law. Sometimes we also seek to entertain you with engaging true stories of poison, mules, onions, man’s best friend, and … Continue reading We’re All Ears
By Jane Salem, staff attorney, Nashville As every trial attorney knows, getting evidence in front of the judge, or keeping it out, can make the difference between winning and losing. With passage of the Reform Act came adherence to the Tennessee Rules of Evidence in the Court of Workers’ Compensation Claims. This was a significant … Continue reading Your Honor, The Evidence Will Show…
By Judge Brian Addington, Gray I recently took my son and members of his cross-country team on a running and history trip. The boys ran two 5K races, one in Virginia and the other in Pennsylvania. They had a good time running, and we enjoyed some relaxing days at the pool. We also toured a … Continue reading What’s the Difference?
By Jane Salem, staff attorney, Nashville I’m dating myself here, but as a kid and teenager, I loved listening to LPs and the radio. I have older siblings who taught me what’s “good” music. Some of my early favorites were greatest hits collections by James Taylor, Simon & Garfunkel, Linda Ronstadt and Sly and the … Continue reading Rocking Out to the CWCC’s Greatest Hits
By Judge Audrey Headrick, Chattanooga I don’t know about you, but I struggle daily with balancing work and family life. When I feel like I’m being an awesome mom, I feel guilty that I’m not working hard enough at my job, and vice versa. On those rare occasions when I feel like I am doing … Continue reading The Balancing Act
By Judge Pamela B. Johnson, Knoxville For any chance of success, parties to a workers’ compensation claim in Tennessee must familiarize themselves with the statute as well as the many applicable rules and regulations. Some have said the Bureau of Workers’ Compensation and the Court have too many rules. We agreed. So, we worked to … Continue reading New and improved rules take effect today
On October 1, the Workers' Compensation Appeals Board will return to the Tennessee Supreme Court in Nashville to hear arguments in the following cases: Tennyson Order Compelling Deposition; Ailshie v. TN Farm Bureau Federation; Clay v. Signature Healthcare; and, Caldwell Order Compelling IME. Arguments begin at 9:00 a.m. Click here for more information.
The Tennessee Workers' Compensation Appeals Board is pleased to announce the hiring of two new staff members. Olivia Yearwood will be the Board’s new clerk of court. Yearwood previously worked in the Bureau of Workers’ Compensation as a Compliance Specialist, and before that she was a Special Agent for the Tennessee Alcoholic Beverage Commission. Yearwood … Continue reading New faces at the Appeals Board