By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board affirmed a trial court order that a nurse case manager’s notes be provided to an injured worker, rejecting the employer’s arguments that the notes are protected by the common interest doctrine, attorney-client privilege, or the work product doctrine. The opinion also clarified the … Continue reading Medical case manager’s notes are discoverable
By Judge Brian Addington, Gray I’ve always liked golf, although I hardly ever play. When I became an attorney, I really tried to get into golf, thinking it would be a thing that an attorney would do with friends on a Friday afternoon. But I was wrong, at least for me. My grandparents on my … Continue reading Anything Can Happen
By Jane Salem staff, attorney, Nashville Is a nurse case manager the employer’s “eyes and ears,” so that discussions between the nurse case manager and the employer’s attorney are privileged? Is summary judgment appropriate in an occupational disease claim when the injured worker hasn’t missed work and has no restrictions? The Appeals Board will answer … Continue reading Attorneys Clash over Nurse Case Managers, occupational injuries
The Murfreesboro court (and offices) will be closed for renovations beginning in October. We anticipate the process will take about four months. During this time, all in-person hearings in Judge Tipps’ court will take place at the Rutherford County Courthouse, located at 116 West Lytle Street, Murfreesboro. Parties with cases pending will be notified in … Continue reading MURFREESBORO COURT TEMPORARILY RELOCATES
By Judge Pamela B. Johnson, Knoxville Workplace accidents have consequences, which might range from a minor injury, to a catastrophic injury, or even death. In the first eight months of 2021, thirty-six employees have died in the workplace. When an employee’s death arises out of the employment, the claimants are entitled to varying death benefits … Continue reading New Forms for Death Claims and Hearing Requests
By Judge Robert Durham, Cookeville I love old courthouses. Especially, old small-town courthouses. Before I began working for the Bureau, I was privileged to practice all over the state, and I always got a thrill walking into one of those grand old buildings. I loved the musty smell of books and files and the hushed, … Continue reading I’m Moving
The Appeals Board will take up issues of when an occupational disease claim is ripe and the extent of attorney-client privilege at its next set of oral arguments. The arguments, to be conducted by videoconference, will take place on September 28. They will kick off at 9:00 a.m. Central Time with Cody v. G.UB.MK Constructors. … Continue reading Appeals Board to Hold Oral Arguments Later This Month
By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board affirmed a trial court order that an employer must provide a panel of physicians, in a case presenting unusual medical proof as its defense. In Hawes v. McLane Company, Inc., the employee alleged a back injury. When he reported it, he participated in a “triage … Continue reading Board Offers Guidance on Panels
By Jane Salem, staff attorney, Nashville On Friday, the Appeals Board released an opinion affirming a trial Court decision that a proposed treatment is reasonable and necessary when the treating physicians, who examined the injured worker, recommended it. The employer’s reliance on a utilization review opinion saying the employee was a “suboptimal candidate” for the … Continue reading Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
By Chief Judge Kenneth M. Switzer, Nashville “Surprised by Hope” is a book by well-known theologian, Tom Wright. An interesting read if you’re so inclined. I, too, am “surprised by hope”–the hope that someday soon we can get back to the normality of in-person settlements. That normality seems to be ever-moving forward, as the virus … Continue reading Surprised by Hope
By Delaney Williams, intern, Gray Legal internships are the single most intimidating aspect of law school, in my opinion. They are presented in the media as these cutthroat and future-deciding experiences that will make or break your career. You barely make it a month into your first year before you’re being instructed on how to … Continue reading A Thank-You to the Court
By Brian Holmes, Director, Mediation and Ombudsman Services of Tennessee Being a workers’ compensation mediator is an extremely rewarding job. Mediators help employers, employees, and insurers resolve disputes that impact lives, businesses and careers. Mediators also confront a number of challenges. Of them, the most difficult might be balancing statutory roles while building cooperative, trusting … Continue reading MOST Unveils New Process for Possible Rule and Law Violations
Can You Relate? I am a college graduate and was recently hired by a nationally known company. I find that my co-workers are polite but distant. I am trying my best to become a member of the team, but I feel as though my ideas are being minimalized or just shot down. I walk in … Continue reading Bureau Launches Diversity Council
By Delaney Williams, Intern, Gray I came into law school from a rather non-traditional background; I have a bachelor’s degree in microbiology and a master’s in epidemiology, and I am a self-proclaimed infectious disease nerd. I could give a fun fact for just about any infectious disease you can name, and my friends and family … Continue reading Workers’ Comp and Infectious Diseases
By Judge Thomas Wyatt, Chattanooga With apologies to Jerry Seinfeld, what’s the deal with acronyms? I mean, are we so busy that we can’t say we live in the United States? Do we really save time by saying we live in the U.S. of A? And it can be confusing. If you are a college … Continue reading UR and the ODG–Procedure and Presumptions
The Tennessee Bureau of Workers’ Compensation will offer a free online training program beginning later this month to help employers develop or enhance the skills and knowledge to coordinate an employee’s return to employment after a work-related injury. The training is part of the Bureau’s newly developed Returning Employees to Work And Reducing Disabilities (REWARD) … Continue reading Bureau Announces Return-to-Work Learning Opportunity
By Jane Salem, staff attorney, Nashville Within the past two weeks, the Appeals Board has made significant evidentiary rulings about the admissibility of Form C-32 and medical records. The opinions examined their admissibility at two different stages of the case, one at summary judgment and the other at an expedited hearing. The procedural posture makes … Continue reading Appeals Board Issues Key Evidence Opinions Regarding Medical Records
Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, announced that she has reappointed four judges to the Court of Workers’ Compensation Claims. They are: Robert Durham, Cookeville; Audrey Headrick, Chattanooga; Amber Luttrell, Jackson; and Dale Tipps, Murfreesboro. “The judges on the Court of Workers’ Compensation play a pivotal role in providing parties with … Continue reading Judicial Reappointments Announced
First, we promised we’d check in regarding the continuation of telephone settlement approvals at the end of June. It’s July now. As previously announced, we plan to begin in-person approvals across the state after Labor Day, but each office will develop its own hours and protocols. These will be posted in the future as soon … Continue reading Just a couple things…
The Tennessee Workers’ Compensation Appeals Board will hear oral argument in five cases a week from today, on June 24, via videoconference. First up at 9:00 a.m. Central Time will be Stephens v. Quality Private Care, dba Volunteer Staffing, Inc. The case raises several issues about the role of the Treatment Guidelines in determining medical … Continue reading Appeals Board to Hear Five Cases
