By Judge Brian Addington, Gray It was a pleasure to host Girl Scout Troop 320 at the Bureau’s office in Gray on Nov. 13. Seven scouts attended along with one supportive brother and six parents. I gave them a tour of the Courtroom and the mediation offices, making sure to follow social-distancing guidelines. The topic … Continue reading Gray Hosts Girls Scouts
By Hon. David Langham, Deputy Chief Judge, Florida Office of Judges of Compensation Claims, Pensacola Blog administrator’s note: All judges of the Tennessee Court of Workers’ Compensation Claims are active members of the National Association of Workers’ Compensation Judiciary, and all have benefitted from attending the association’s educational programming at one time or another. This … Continue reading The History of the Judicial Code of Ethics
By Jane Salem, staff attorney, Nashville Earlier this week, the Tennessee Workers’ Compensation Appeals Board affirmed a pair of trial court rulings about an employer’s right to a medical examination and the exclusion of expert testimony when an attorney didn’t comply with a scheduling deadline. The Board held oral argument in both cases last month. … Continue reading Appeals Board Releases Two Opinions from October Oral Arguments
It’s been over six months now since we’ve made the change to allow for all settlement approval hearings to occur by phone, for everyone’s health and safety. Looking ahead, at least for the next two months, the altered procedure will remain in place. We’ll revisit this for 2021 in mid-December. Please be careful.
By Jane Salem, staff attorney, Nashville The Appeals Board held oral arguments yesterday by videoconference on the topics of an employee’s proper impairment rating, an employer’s right to a medical examination, and whether a court properly ruled that a party should be prohibited from introducing expert testimony at trial. First up was Hart v. ThyssenKrupp … Continue reading Board holds oral arguments in three cases
We’re glad you asked! First, on Monday, new rules became effective that govern the appeals process for both interlocutory appeals and compensation order appeals. They are available here. The rules didn’t revise any deadlines or make other significant substantive changes, but they now incorporate the Board’s former Practices and Procedures into the administrative rules. Second, … Continue reading What’s New at the Appeals Board?
By James Hicks, ombudsman attorney, Nashville Over the past three years (has it really been that long?), I have been honored to serve as an ombudsman attorney for the Bureau of Workers’ Compensation. My days are spent explaining legal concepts and court procedure to self-represented litigants. It is almost always the case that the people … Continue reading Bureau announces new resource for pro se litigants
By Judge Thomas Wyatt, Chattanooga Did you know that television’s beloved Fred Rogers, a/k/a Mr. Rogers, was a Navy SEAL sniper in an earlier career? Or if you lose a tooth and place it in a glass of Coca-Cola at bedtime, by morning it will be dissolved? And if you go to New York City, … Continue reading Fact not fiction: Mediation works
Thanks for your continuing cooperation with our revised settlement procedures due to the pandemic.
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board ruled on an issue of first impression that the date of injury in mental injury claims for jurisdictional purposes is the date of the identifiable work-related event or events resulting in a sudden or unusual stimulus. The ruling rejected an injured worker’s contention that … Continue reading Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments in four cases on Oct. 15, by phone or “other remote means” yet to be determined. Click here to see the docket. The arguments kick off at 9:00 a.m. Central Time with a case from west Tennessee, Diamond v. Kroger Co. The case required the … Continue reading October oral arguments announced
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board affirmed a trial court ruling from an expedited hearing that an employee’s injuries weren’t work-related, when those injuries were from a tree falling on him as he exited a portable toilet next to his job site. Brett Rosasco was painting a home exterior. He … Continue reading Injuries from fallen tree aren’t compensable
By Judge Dale Tipps, Murfreesboro This article will tackle a very “august” topic: tips for your next summary judgment motion. Summary judgment traces its roots back to England as a means of hastening litigation and potentially the disposition of cases, principally debtor-creditor actions. Its first codification occurred in 1855 when Parliament passed the Keating Act. … Continue reading A Summer-y Blog Post on Summary Judgment
Thanks for your continued flexibility. Click here and here for more information on the process, which we previously conveyed. Be safe, everyone.
By Judge Audrey Headrick, Chattanooga With COVID-19 and the advent of social distancing, we’ve been looking for a better location for Chattanooga regional trials. If you’ve ever visited the Court of Workers’ Compensation Claims Chattanooga courtroom, you know it’s a bit “cozy.” Unfortunately, it’s too cozy for us to conduct trials during the pandemic and … Continue reading Announcing a New, Temporary Location for Chattanooga Trials
By Judge Pamela B. Johnson, Knoxville Periodically, the legislature tweaks the statutes related to the Workers’ Compensation Law. This legislative session was no exception. Full-text of the amendments is here. Three noteworthy changes were made. The first two added to the calculation of deadlines. The last allowed a previous change to “sunset.” These changes are … Continue reading Take Note of Recent Amendments to the Statute
A while back, we announced with great disappointment that our annual educational conference was canceled. But now we have fantastic news: We’ve discovered a way to present a great conference without the worries of bringing 600-plus attendees together. We’ll be teaming with Select Medical to host a virtual conference. Save the dates–October 24-30–although it’s not … Continue reading Bureau Announces Virtual Educational Conference
By Judge Pamela B. Johnson, Knoxville A few years ago, due to a significant increase in motion practice in the Court of Workers’ Compensation Claims, we established rules for dispositive and non-dispositive motions to give practitioners some parameters. The rule’s latest iteration is Tennessee Compilation Rules and Regulations 0800-02-21-.18 (August, 2019), and it’s available here—just … Continue reading A Few Thoughts on Non-Dispositive Motions
We’ll be closed on Friday for the July Fourth holiday. The Court holds its semi-annual Judicial Meeting on July 16 and 17, and no one will be available to approve settlements. We wish you a safe and happy holiday.