Credibility in the Time of Covid-19

By Judge Allen Phillips, Jackson “The face is a picture of the mind as the eyes are its interpreter.”–Marcus Tullius Cicero, Roman philosopher (106-43 BC). The COVID-19 pandemic has changed human interaction in dramatic ways: working remotely, home-schooling, and limited or no in-person attendance in public forums. The judicial system is no exception. Nationwide, courts … Continue reading Credibility in the Time of Covid-19

2020 Supreme Court Panel Opinions in Review

By Jane Salem, staff attorney, Nashville Thanks for reading this final installment of my three-part series on appellate opinions issued last year. As the title suggests, this article revisits decisions from Supreme Court Panels. Please read them; don’t rely just on my cursory analyses. Thanks. I’ll begin with a case from the Claims Commission. In … Continue reading 2020 Supreme Court Panel Opinions in Review

A Look Back at 2020 Appeals Board Opinions, part one

By Jane Salem, staff attorney, Nashville What a year! The memes abound about 2020, most of which contain language or images unsuitable for this forum. (Here are a few from Reader’s Digest that are less likely to offend.) But regardless of last year’s tragedies, disruptions of our work and personal activities, and social and political … Continue reading A Look Back at 2020 Appeals Board Opinions, part one

Phoning it in

By Judge Robert Durham, Cookeville In this new world we have to share with COVID-19, many of our traditional ways of doing things have been challenged or even eliminated. One of those is in-person settlement approvals, which simply aren’t feasible while social-distancing. However, the Court’s duty remains to see that injured workers understand what their … Continue reading Phoning it in

It’s Time to Change

By Penny Shrum, Court Clerk, Nashville Over the past six years, admittedly, a lot has changed in workers’ compensation in Tennessee. You have graciously adapted to these changes. We know change can be hard. But when faced with the prospect of change, we suggest you look to the wisdom of the Brady Bunch: “when it’s … Continue reading It’s Time to Change

ALERT!

Due to the Nashville bombing of AT&T technical equipment location, normal telephone service for settlement approvals has been interrupted.   PLEASE NOTE THE SETTLEMENT CALL-IN NUMBERS FOR THIS WEEK ONLY FOR THE NASHVILE JUDGES: Judge Josh Baker – 423-634-0163 Chief Judge Kenneth Switzer – 855-543-5041 All attorneys with approvals this week must contact the injured workers … Continue reading ALERT!

Board Modifies Rating to Reject Non-work-related Condition

By Jane Salem, staff attorney, Nashville A trial court can’t award permanent partial disability benefits for an impairment rating where part of that rating is attributable to a non-work-related condition. So held the Appeals Board last week, modifying the trial court’s order to reflect a lower rating. The case was argued last month. In Hart … Continue reading Board Modifies Rating to Reject Non-work-related Condition

Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals

By Jane Salem, staff attorney, Nashville Last week, the Appeals Board held that, under section 50-6-226(a)(1), an employer can’t be liable for attorney’s fees based on the amount of medical expenses a court orders it to pay. In September 2016, Nicole Bowlin was injured in a motor vehicle accident while working for Servall. She was … Continue reading Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals