By Judge Thomas Wyatt, Chattanooga A favorite “chicken or egg” discussion is, are we a product of our experiences, or are our experiences a product of who we are? At the Court of Workers’ Compensation Claims, we see all varieties of workers, from office personnel to truck drivers, and from health care providers to construction … Continue reading The Sums of Our Experiences?
By Judge Allen Phillips, Jackson One of the goals of the 2013 Reform Act was an efficient and timely system for resolution of claims. Settlement by agreement furthers that goal by getting employees their benefits quicker and by allowing employers to avoid undue litigation expenses. And the number of settled claims is impressive. In the … Continue reading It’s All Settled
By Judge Audrey Headrick, Chattanooga Merriam-Webster defines misconception as “a wrong or mistaken idea.” For years, I, like others, believed that Twinkies stay fresh forever. In fact, the shelf-life of a Twinkie is only 25 days! To this day, that’s a common misconception. Another common misconception is that parties need to file multiple petitions for … Continue reading Clearing Up a Common Misconception
By Judge Lisa Lowe, Knoxville “Doomscrolling” is a 21st Century word, defined as “the act of spending an excessive amount of time reading large quantities of negative news online.” Everyone who owns a phone—meaning just about everybody—does it from time to time. So, sadly, we’re all aware of the seemingly increased tendency to resort to … Continue reading Help Ensure Courtroom Safety
By Judge Dale Tipps, Murfreesboro Disputed settlements are permitted under section 50-6-240(e), which allows parties to settle a claim without regard to whether the employee is receiving substantially the benefits to which they are entitled. Below, I’ll point out a few potholes along the road to approval of these types of agreements (it’s spring, and … Continue reading No Doubt; You Must Have a Dispute
By Taylor Skees, staff attorney, Memphis The Appeals Board recently released an opinion about whether a motion for partial summary judgment is proper in the Court of Workers’ Compensation Claims, and when summary judgment motions can be heard. The case is Oldham v. Freeman Webb Company Realtors, and it provides us an opportunity for a … Continue reading Oldham v. Freeman Webb: Another Look at Summary Judgment
By Chief Judge Kenneth M. Switzer, Nashville Beginning March 25, 2024, all mediations in cases pending before the Court of Workers’ Compensation Claims will conclude with the issuance of a dispute certification notice. To explain the reason for the change, it all has to do with TNComp, the Court of Workers’ Compensation Claims’ electronic court … Continue reading Important Change Coming Soon
By Jane Salem, staff attorney, Nashville “Time isn’t the main thing, it’s the only thing.” – Miles Davis I wonder what caused Miles Dewey Davis, III to utter those wise words. After all, he was a trumpeter, composer, and bandleader, not a lawyer who bills for his time. You’d think a creative type like him … Continue reading Time-Saving Tips (Inspired by a Jazz Icon)
By Judge Shaterra R. Marion, Memphis The Court of Workers’ Compensation Claims will celebrate ten years this July. This isn’t an original thought, but time really does fly. When the Court was first created, we weren’t thinking much about post-judgment matters, for obvious reasons—we hadn’t adjudicated that many cases and were just getting started approving … Continue reading A Primer on Enforcing/Defending Against Open Medicals
By Jane Salem, staff attorney, Nashville Welcome back! In the last blog post, I took a look back at five opinions from 2023 about jurisdiction, extraordinary relief, mental injuries, medical expenses, and everyone’s favorite subject: attorneys’ fees. Up next is brief mention of five more essential cases from last year, including opinions about aggravations of … Continue reading Top Ten Appellate Opinions, 2023, part 2
By Jane Salem, staff attorney, Nashville Usually I begin a new year with a recap of every workers’ compensation appellate opinion (except the memoranda) from the past year from the Tennessee Supreme Court’s Special Workers’ Compensation Appeals Panel and the Appeals Board. This year, I’m shaking it up. Instead I’ll recap ten key opinions from … Continue reading Top Ten Appellate Opinions from 2023
This week’s weather has been challenging in so many ways. Thanks for keeping up with multiple blog posts on the ever-changing situation. For next week, here’s what we anticipate. In Nashville, where we do open settlements, the schedule for January 22-24 is Monday 11 a.m.-3p.m., and Tuesday and Wednesday 8-11 a.m. Central Time. In Memphis, … Continue reading Yet Another Post about the Weather…
This means all offices of the Bureau of Workers’ Compensation will be closed tomorrow. However, any previously scheduled telephone or teleconference hearings will proceed. If you had a settlement approval set for tomorrow in Murfreesboro, it will be rescheduled.
The Court will be open on Friday as scheduled for settlements between 8 and 11 a.m. Central Time, depending on any developments in the weather overnight Thursday. Since this past week has been so uncertain and the judges will be in a conference on Thursday and Friday, January 25 and 26, the Nashville court will … Continue reading Update on Nashville Settlement Dates, Times
Yes, you read correctly: The Murfreesboro Court expects to be open for its scheduled Friday settlements. But if parties or counsel are concerned about incoming weather or current travel conditions, they may reset their Friday settlement to Tuesday, January 23. Please email WCCourt.Murfreesboro@tn.gov if you wish to reschedule for Tuesday. Photo by Judge Dale Tipps, … Continue reading Murfreesboro settlements aren’t canceled
Today, January 18, they will take place between 10 and 11:30 a.m. Central Time. On Tuesday, January 23, they will occur between 9 and 11:30, And remember, no settlements will be heard on January 24 and 25 due to the Judicial Conference. Judge Brian Addington’s morning walk near Gray, Tennessee.
Due to hazardous weather and travel conditions across Tennessee, state offices will open tomorrow at 10 a.m. local time. In Nashville, settlement approvals will be heard starting at 10 a.m. Central Time. Once again, anything scheduled for a telephone or virtual hearing will go forward. Photo by Kim Weaver, Paralegal, Knoxville.
In-person settlements at the Chattanooga office on Thursday, January 18, 2024 are canceled due to winter weather. We apologize for any inconvenience this may cause and are happy to help you reschedule your hearing.
Due to winter weather, Governor Bill Lee has closed all State offices on Wednesday, January 17. However, if you have a telephone or teleconference hearing, it will proceed as scheduled. Photo by Judge Brian Addington, Gray.
From the Bench 