Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, has announced that she recently reappointed Judge Joshua Davis Baker to the Court of Workers’ Compensation Claims. Judge Baker sits in Nashville. This will be his second full term. “Judge Baker has played a pivotal role in the Court of Workers’ Compensation Claims since his … Continue reading Judge Baker is Reappointed
By Janaye Godfrey, Court Intern, Nashville Belmont University College of Law ‘24 The Appeals Board released an opinion last week determining the scope of a trial court’s discretion when applying Rule 36 of the Tennessee Rules of Civil Procedure, which governs requests for admissions. In Holt v. Quality Floor Coverings, LLC, the employee alleged an … Continue reading Board Determines the Court’s Discretion with Requests for Admissions
By Jane Salem, staff attorney, Nashville The Appeals Board released an opinion yesterday, reiterating the fairly well-settled parameters of medical noncompliance in the Workers’ Compensation Law. The decision also held that trial judges have an obligation to scrutinize letters seeking expert opinions for their accuracy regarding the facts and law. In Marie Bailey v. Amazon, … Continue reading Board Considers Noncompliance, Letters to Experts
By Judge Allen Phillips, Jackson Some may recall that I admire the wisdom of Abraham Lincoln. I cited some of that wisdom in an earlier post regarding attorney’s fees. Beyond fees, Lincoln’s visionary insights into other matters ring as true today as they did nine score and six years ago (That was 1836, the year … Continue reading Discovering the Better Angels of our Nature: A Brief Look at Discovery Motions
By Judge Lisa A. Lowe, Knoxville We use certain words to mean certain things. Sometimes we use a word or phrase out of habit, without really thinking of the meaning or implication. For example, those involved in Tennessee workers’ compensation cases are familiar with what we have called “doubtful and disputed” settlements. “Doubtful” means uncertainty … Continue reading Templates Revised for Disputed Cases: No Doubt
By Abbie Hudgens, Administrator, Bureau of Workers’ Compensation Eight years ago, I had the honor to select eight judges to the Court of Workers’ Compensation Claims after a rigorous application and interview process. The judges were given staggered terms, so that in the future, we would not have eight jurists potentially up for reappointment at … Continue reading Seeking Your Input for Judicial Reappointment
By Judge Dale Tipps, Murfreesboro A professor in the School of Management at Middle Tennessee State University recently asked me to speak to a couple of her Human Resources classes about workers’ compensation. I put together a presentation on the development of work comp, how it works in Tennessee, and how human resources departments can … Continue reading How About Something Happier?
In observance of Good Friday, Bureau offices will be closed.
By Chief Judge Kenneth M. Switzer, Nashville [Note: Yesterday we posted an article about interpretation in the Court. It was in German. How frustrated did that make you feel if you don’t read German? Some of you sent emails or made comments asking for help. Some of you thought we’d hit the wrong button. We didn’t. But did it make you … Continue reading Court Adopts Interpreter Protocol
Von Chief Judge Kenneth M. Switzer, Nashville Im vergangenen November veröffentlichten wir einen Artikel über die Bedeutung der richtigen Interpretation während der Gerichtsverhandlungen – nicht nur Vergleiche, sondern auch beschleunigte Anhörungen und Entschädigungsanhörungen. Zuvor haben wir einige hybride Interpretationen zugelassen. Wir haben Konversationsdolmetschen, Simultanübersetzungen und geteilte Dolmetschungen erlaubt (bei denen der Mitarbeiter teilweise seine Sprache … Continue reading Gerichtshof verabschiedet AuslegungsprotokollGerichtshof nimmt Auslegung an
By Chief Judge Kenneth M. Switzer, Nashville A quick reminder that the Court returns to in-person settlements this week across the state at our regional courtrooms. In addition, we remind of the following remote locations, with dates and contact information. Judge Addington: Hamblen County, first Wednesday each month from 9 a.m. Eastern Time to noon … Continue reading Remember to Set Approvals at Remote Locations
By Jane Salem, staff attorney, Nashville An Appeals Board opinion released on Monday offers guidance on notice and in particular what constitutes prejudice to an employer, among other notable rulings. In Hannah v. Senior Citizens Home Assistance Services, Inc., Donna Hannah, a home healthcare provider, alleged she injured her neck when moving a client. At … Continue reading Appeals Board Clarifies Notice and Prejudice
By Judge Thomas Wyatt, Nashville It’s not surprising that the subject of working has captured the creative impulses of the poet and songwriter. After all, most of humanity spends a good percentage of our waking hours making a living. And despite all the griping about our jobs and watching the clock for the arrival of … Continue reading Workers’ Comp in Song
By Chief Judge Kenneth M. Switzer, Nashville The days are numbered for telephone settlement approvals. In just a few short weeks, we’ll return to in-person settlement approvals, on April 4, 2022. We announced this previously and promised a more detailed article once we ironed out the wrinkles. So here we go. In-person is the rule; … Continue reading Returning to In-Person Settlements
By Sarah Byrne, staff attorney, Nashville Recently, the Appeals Board issued its opinion in Love v. Love Management, Inc., reversing the trial court for applying incorrect legal standards when it denied the insurer a continuance and granted partial summary judgment to Mrs. Love. Because it bears repeating, Presiding Judge Timothy Conner wrote a concurring opinion … Continue reading Board Reverses in Love versus Love Management
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board ruled earlier this week that the Reform Act of 2013 didn’t affect the longstanding “direct and natural consequences rule” for causation. The Board additionally held that the trial court correctly admitted a vocational expert’s testimony into evidence, despite the fact that he destroyed … Continue reading Direct and Natural Consequences Rule Remains Intact
We’re pleased to announce a return to in-person settlement approvals on April 4, 2022! As practitioners know, each of the Bureau of Workers’ Compensation eight offices has a lengthy history of individual procedures for settlement approvals. So, we’re ironing out the details among the various offices. We’ll share them in a future post once we’re … Continue reading Returning to In-Person Settlements
By Judge Audrey Headrick, Chattanooga Cambridge Dictionary defines “silver lining” as “an advantage that comes from a difficult or unpleasant situation.” Since March 2020, it’s not always been easy to see any positives that resulted from the pandemic. The pandemic is still with us, and the end doesn’t seem to be in sight. When reading … Continue reading Finding the Silver Linings
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard arguments recently in Love v. Love Management, Inc. to decide whether the trial court erred when it denied the insurer a continuance and granted partial summary judgment to Emilie Love, finding as a matter of law that she was an employee and working in the … Continue reading Appeals Board hears argument in Love versus Love Management
Gov. Bill Lee’s Office announced yesterday that they are accepting applications to fill the judgeship currently held by the Honorable David Hensley, who will retire at the end of March. Applicants must be licensed Tennessee attorneys in good standing, age 30 or older, and have seven or more years of experience in workers’ compensation law. … Continue reading Governor’s Office Seeks Applicants for Appeals Board Judgeship
From the Bench 