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
Year: 2019
Appeals Board sets cases for oral argument
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.
New faces at the Appeals Board
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
Of love and other poisons
By Judge Brian Addington, Kingsport It was 1751, and Francis Blandy was suspicious. As a loving father, Blandy suspected that Captain William Henry Cranstoun, his daughter's fiance, was already married. When Cranstoun left England to return to Scotland to have his previous marriage annulled, Blandy felt better about the situation. But as the months passed, … Continue reading Of love and other poisons
TNComp Needs a Vacation
By Penny Shrum, Clerk of Court, Nashville Perhaps you’ve seen the note below the last time you tried to upload a document. It’s been one year since the Court’s electronic filing system went live. All programs need a little maintenance now and then to keep up with technology. So, soon we'll be giving TNComp a … Continue reading TNComp Needs a Vacation
Honoring 100 Years of Workers’ Compensation in Tennessee
On June 12, the Tennessee Bureau of Workers' Compensation hosted a formal event to commemorate the law's 100 years and to honor an individual who has had a significant impact on the law. Theresa Montgomery, the chief state photographer in Nashville, captured the highlights below. To see all of her wonderful photos of this event, … Continue reading Honoring 100 Years of Workers’ Compensation in Tennessee
Guest Blogger: An Intro to Occupational Diseases
As the title explains, below is a guest submission. It is meant to inform and offer her interpretation of the law. By Allison Lowry At this year’s Bureau of Workers’ Compensation Educational Conference, the Bureau celebrated the 100-year anniversary of the enactment of workers’ compensation laws in Tennessee. Among the numerous topics featured at the … Continue reading Guest Blogger: An Intro to Occupational Diseases
Put Me in, Coach–I’m ready to play (Oh, Wait, I Can’t)
By Judge Brian Addington, Gray Well, we’re in summer now, and what time is it? Baseball time. By the way, I’m a Braves fan; isn’t everybody? There’s just something about baseball as the perfect way to get folks together on a hot summer evening. Speaking of baseball, playing it in college remains one of my … Continue reading Put Me in, Coach–I’m ready to play (Oh, Wait, I Can’t)
See You In Murfreesboro
Tomorrow kicks off the Bureau of Workers’ Compensation’s 22nd Annual Educational Conference at the Embassy Suites in Murfreesboro. This year’s event will commemorate the 100th anniversary of the Tennessee Workers’ Compensation Law. For our part, the Court of Workers’ Compensation Claims will once again offer two sessions on legal ethics. First, back by popular demand, … Continue reading See You In Murfreesboro
More on the SD-2
By Judge Pamela B. Johnson, Knoxville Recap: In my last blog post discussing the Statistical Data Form, I focused on the importance of the form and explained that the Bureau of Workers’ Compensation uses the data collected to complete its Annual Report to the Legislature. The data is also supplied to national organizations that measure the … Continue reading More on the SD-2
Summer’s here!
There will be no settlement approvals statewide on the following dates: June 12-14: The Bureau's Educational Conference; July 4: Independence Day; July 18-19: Judicial Meeting; and, September 2: Labor Day. The Nashville office only will conduct settlement approvals on June 12. Be safe, and enjoy the warm weather.
Oral arguments revisit willful misconduct under Mitchell
By Sarah Byrne, staff attorney, Nashville The Tennessee Supreme Court Special Workers’ Compensation Panel, Middle Section, heard arguments on March 25 in Corey Bunton v. Sanderson Pipe Corp., a willful misconduct case appealed from the Court of Workers’ Compensation Claims. From the employee-appellant’s perspective, the Bunton facts illustrate what the Mitchell dissent predicted: the four-factor … Continue reading Oral arguments revisit willful misconduct under Mitchell
Who Let the Dogs Out?
By Judge Audrey Headrick, Chattanooga After reading Judge Brian Addington’s post about “The Lovable, Stubborn Mule,” I felt compelled to write about man’s best friend—dogs. I have to admit that I wasn’t always enamored with dogs. When I was a small child, I was bitten in an unprovoked attack by a bulldog. I thought I … Continue reading Who Let the Dogs Out?
Hitting the 1,000-Order Benchmark
By Chief Judge Kenneth M. Switzer, Nashville On April 18, Judge Dale Tipps issued an expedited hearing order in Howard v. NHC Healthcare/Pulaski LLC. That order became the 1,000th expedited or compensation hearing order released by the Court of Workers’ Compensation Claims. A thousand orders ago, we formed a vision of what the Court would look … Continue reading Hitting the 1,000-Order Benchmark
The Survey Says… (Again)
By Chris Acuff, Statistical Research Analyst As part of the Tennessee Court of Workers’ Compensation Claims’ ongoing efforts to assess the hearing and settlement process, the Bureau of Workers’ Compensation distributed a brief questionnaire that attorneys and self-represented parties should have received within the last two weeks. This survey is similar to the one that … Continue reading The Survey Says… (Again)
The Dig on Gig
By Judge Joshua Davis Baker, Nashville The word “gig” has been thrown around pretty often in the workers’ compensation universe over the last several years. So what exactly is it? When I hear the word, I think of the following exchange at any coffee shop or neighborhood bar: Q: Hey, your band got any gigs … Continue reading The Dig on Gig
Uninsured Employers Fund(amentals)
By Judge Dale Tipps, Murfreesboro Attorneys, did you know the Workers’ Compensation Statute contains a Part 8? If you represent injured workers, Part 8 might occasionally cross your path. It established the Uninsured Employers Fund (UEF), which provides for the enforcement of insurance coverage requirements. The part that might intersect with your practice is Tennessee … Continue reading Uninsured Employers Fund(amentals)
The Loveable, Stubborn Mule
By Judge Brian Addington, Gray When I was a little boy, we had a friend who owned a farm. We visited often because the farm was on our way to church. One day, the farmer asked my brother if he wanted to ride his mule. My brother agreed, so the farmer brought out the mule. … Continue reading The Loveable, Stubborn Mule
Mark your Calendars
As promised, here's an update about commemorations of the centennial of the Workers' Compensation Law. The Knoxville office of the Bureau of Workers’ Compensation is celebrating the 100-year anniversary on April 15 and 18 from 10:00 a.m. through 12:00 p.m. The Cookeville office will celebrate on April 10 from 1:30 to 2:30 p.m. The Kingsport/Gray … Continue reading Mark your Calendars
Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD
Tennessee Code Annotated section 50-6-207(3)(F) does not allow additional permanent partial disability benefits to undocumented workers. An injured worker challenged the law in the Court of Workers' Compensation Claims, but the trial court determined it had no authority to determine the facial constitutionality of a statute. Yesterday the Tennessee Supreme Court Special Workers' Compensation Appeals … Continue reading Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD
From the Bench 