Later this week, the Appeals Board will return to in-person oral arguments after a two-year hiatus. During the pandemic, the Board used teleconferencing for arguments. The upcoming arguments will take place on Friday, December 2, at the Supreme Court Building in Nashville. First up will be a pair of cases presenting similar issues, Arlene Ernstes … Continue reading In-Person Oral Arguments Return
By Penny Shrum, Clerk of Court, Nashville “A thankful heart is not only the greatest virtue, but the parent of all the other virtues.” —Marcus Tullius Cicero As Thanksgiving approaches, giving thanks is on my mind. My extended family will be gathering at my sister’s new house in Nolensville. I hope you’ll be able to … Continue reading A Thankful Heart
By Judge Pamela Johnson, Knoxville 10, 33, 41, 47, 56, and 10. These are the winning numbers for the record-breaking $2.04 billion Powerball jackpot, with one winning ticket sold at Joe’s Service Center in Altadena, located in Los Angeles County, California. While winning lottery numbers are thrilling, having the correct numbers is important in other … Continue reading Do You Have the Winning Numbers?
In addition, here’s a list of other upcoming state holidays.
By Judge Dale Tipps, Murfreesboro We’re nice people. Really, we are. (Except for that one person, and they know who they are.) So whenever possible, the Court tries to be accommodating to the folks who need our services. This is why, in the past, we occasionally allowed defense counsel to pay a filing fee after … Continue reading A Word About Settlement Filing Fees
Yesterday afternoon, Chief Judge Kenneth M. Switzer administered the judicial oath to Judge Shaterra Reed Marion, who will sit in the Memphis office of the Tennessee Court of Workers’ Compensation Claims. Her husband, Gerard Marion, held the Bible. Judge Marion’s father, Terrence Reed, helped her don the robe for the very first time. Judge Marion … Continue reading It’s Official! Judge Shaterra Marion is Sworn in
By Judge Brian Addington, Gray History buffs like me will remember the words of H.M. Stanley: “Dr. Livingstone, I presume.” And, anyone who watches movies or television can likely complete this sentence: A criminal defendant is “presumed ______ until _______.” Or if someone disappears, how many years until they’re presumed dead? We have many presumptions … Continue reading Presumptions in Tennessee Workers’ Compensation
By Judge Dale Tipps, Murfreesboro Readers of the Court’s blog are no doubt familiar with our ever-popular classic, Settling Cases with Medicare Set-Aside Agreements, where we made it clear that the Court won’t review or approve MSAs entered into by parties seeking to close future medical benefits. That hasn’t changed – we’re still not going … Continue reading Update: Settling Cases with MSAs
By Jane Salem, staff attorney, Nashville What if there were an easy way to get a physician’s opinion into evidence? Great news! For 35 years now, we’ve had that shortcut: section 50-6-235 and its rule counterpart, 0800-02-01-.09. The statute and rule state that a party may file the form instead of a physician’s deposition. Form … Continue reading C-32s: Law, Cases and Practice Pointers
Administrator Troy Haley has appointed Shaterra Reed Marion as a judge on the Court of Workers’ Compensation Claims, the adjudicative function within the Tennessee Bureau of Workers’ Compensation. She will be located in the Memphis office. Ms. Marion has practiced law in Tennessee since 2012, primarily in workers’ compensation and insurance defense. She has been Field … Continue reading Judge Announced for the Memphis Court of Workers’ Compensation Claims
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard oral arguments recently in Johnson v. Inspire Brands, d/b/a Blazin Wings, Inc, an interlocutory appeal of an expedited hearing order where the trial court, after weighing competing expert medical opinions, granted back surgery. Oral arguments focused on two issues: whether a former authorized treating physician … Continue reading Board Probes Causation Presumption, Standard of Review
By Jane Salem, staff attorney, Nashville It just had to feel “right.” So says Judge Deana Seymour about her process when finalizing an order after an evidentiary hearing. After applying the facts to the law and before signing it, she always did a gut check. That doesn’t mean she always got it right; but often, … Continue reading We’ll Miss You, Judge Seymour
By Judge Audrey Headrick, Chattanooga In 2011, Governor Bill Haslam appointed Abbie Hudgens as Administrator of the Division, now Bureau, of Workers’ Compensation. Among her many accomplishments, Abbie led the Bureau through the 2013 Workers’ Compensation Reform Act. The Reform Act created the Court of Workers’ Compensation Claims. Abbie ultimately appointed twelve workers’ compensation judges. … Continue reading Abbie Hudgens Inducted into NAWCJ Hall of Fame
The Judges will be attending the Bureau’s Educational Conference in Murfreesboro. Hope to see you there. As a reminder, please check the hours and procedures for settlements before scheduling them. Thanks.
On August 10, the Tennessee Workers’ Compensation Appeals Board will hold oral argument in a pair of cases regarding an employee’s entitlement to medical benefits while treating for their work injuries. In both cases, the trial courts had to weigh conflicting expert opinions over medical causation and ultimately found in favor of the injured worker. … Continue reading Board Sets Oral Arguments in Two Cases
Attorneys, the Bureau of Workers’ Compensation is offering three presentations to satisfy your annual continuing education requirements on legal ethics at the Annual Educational Conference. This year, the conference will take place Monday, August 15, through Wednesday, August 17, at the Embassy Suites Conference Center in Murfreesboro. We’re offering a one-hour ethics presentation on each … Continue reading Former U.S. Attorney General to Speak at Annual Conference
The judges will be at a judicial conference. Thanks.
Memphis Judge Deana Seymour has announced her retirement. She will step down on Sept. 1. Look for another article about her career accomplishments and contributions to the Court in the very near future. In the meantime, the State of Tennessee and Bureau of Workers’ Compensation are requesting interested and qualified attorneys to apply for the … Continue reading Judge Seymour to Retire; Applicants Sought for Memphis Judgeship
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s decision to order an employer to authorize a visit to the designated doctor under an open medical benefits provision of a compensation order. The self-represented employee prevailed—but the opinion offers valuable guidance for what an employer can … Continue reading Board Affirms Open Medicals Ruling
Abbie Hudgens stepping down; Troy Haley will lead Friday, July 01, 2022 | 04:33pm NASHVILLE, Tenn. – Today, Tennessee Governor Bill Lee announced he will appoint Troy Haley to serve as Administrator of the Tennessee Bureau of Workers’ Compensation within the Tennessee Department of Labor and Workforce Development, effective September 1. Lee also named key appointments to the Workers’ … Continue reading Gov. Lee Announces Key Tennessee Bureau of Workers’ Compensation Appointments
From the Bench 