By Penny Shrum, Court Clerk, Nashville No one likes a road full of pot holes. No one likes traffic delays or detours due to road repairs. But everyone is happy when the job is completed and the drive is smoother. Just like the roads occasionally needs maintenance, so does TNComp. The State of Tennessee is … Continue reading Important! TNComp will be unavailable
Author: tncourtofwcclaims
Appeals Board Issues Order on Artificial Intelligence
By Elizabeth Vines, Appeals Board staff attorney, Cookeville On August 3, 2026, the Workers’ Compensation Appeals Board issued a standing order requiring litigants before the Board to clearly state on any filing whether an artificial intelligence (“AI”) tool or program was used to create that filing. Because of the rise in the accessibility of AI … Continue reading Appeals Board Issues Order on Artificial Intelligence
Board Weighs Fee Schedule for Unauthorized Treatment
By Alyssa Williams, Court Intern/2L, Winston College of Law, University of Tennessee-Knoxville One of my favorite parts of law school has been watching both mock trials and oral arguments. After spending so much time studying their components and practicing one for an assignment, it was fascinating to sit in the digital audience and watch experienced … Continue reading Board Weighs Fee Schedule for Unauthorized Treatment
Board Offers an Approach to Temporary Disability
By Sarah Byrne, staff attorney, Nashville Obtaining temporary disability benefits after maximum recovery is rarely ever “par for the course.” In Patrick v. Topgolf, the Appeals Board recently reinforced the general rule that temporary disability ends at maximum recovery or an employee’s ability to return to work. Any exception requires a doctor’s opinion—even with … Continue reading Board Offers an Approach to Temporary Disability
Appeals Board To Hear Jurisdiction Arguments
Taking us all back to the early days of our civil procedure class in law school, the Appeals Board will hear arguments about personal jurisdiction and the sufficiency of a party’s contacts with the State of Tennessee. In Hernandez v. CJR Framing, Inc., the trial court held those contacts sufficed for it to exercise jurisdiction … Continue reading Appeals Board To Hear Jurisdiction Arguments
Judge Frech Sworn In
We are proud to welcome Judge Peter Frech to the Bureau. Judge Frech was sworn in on July 8th at the Nashville office as the newest judge on the Court of Workers’ Compensation Claims. He brings diverse experience and dedication to the bench. Judge Frech served in the U.S. Marine Corps as a military police … Continue reading Judge Frech Sworn In
No Settlements Statewide on July 3
Offices are closed in honor of the July 4th holiday.
Misrepresentation Defense Inapplicable to Undocumented Workers
By Jane Salem, staff attorney, Nashville An injured worker who gets a job using a false identity is still entitled to workers’ compensation benefits, because a valid contract for hire existed. The plain language of the statute defining “employee” compels this conclusion, according to the Appeals Board in an opinion released earlier this week, Torres … Continue reading Misrepresentation Defense Inapplicable to Undocumented Workers
A 2L’s Takeaways from the Workers’ Comp Conference
By Alyssa Williams, University of Tennessee Winston College of Law, Court intern A common saying about learning the law is that it’s like “drinking out of a fire hose.” That perfectly described my early experience interning for the Court of Workers’ Compensation Claims. However, after spending a few weeks here and attending the Education Conference … Continue reading A 2L’s Takeaways from the Workers’ Comp Conference
Enjoy your summer books and shoes
By Judge Dale Tipps, Murfreesboro Today is the summer solstice. What are the popular "beach reads" this year? While I'm always interested in what's new and trending on the bookstore shelves, several years back, I made a habit of reading “Dandelion Wine” by Ray Bradbury at the beginning of every summer. Bradbury somehow managed to … Continue reading Enjoy your summer books and shoes
Happy Juneteenth!
Tomorrow is a holiday, and state offices are closed. This of course means no settlement approvals will take place.
Let Grandma Be Your Guide
By Traci Haynes, staff attorney, Gray It’s hard to believe Memorial Day, the unofficial start of summer, is well behind us now. Growing up, I loved spending time with my grandmother, Millie. She had opinions. She would always frown on saying “Happy Memorial Day,” as it was a day of mourning. Another tradition she instilled … Continue reading Let Grandma Be Your Guide
July virtual oral arguments announced
Pop the corn, get a beverage, and log in on July 14 to watch the Tennessee Workers’ Compensation Appeals Board hear oral arguments in two cases. In Hands v. Fresenius Medical Care Holdings, Inc., the employee contends that the trial court erred by ordering the employer to pay unauthorized medical bills under the fee schedule … Continue reading July virtual oral arguments announced
Tennessee Supreme Court lets ruling stand in heart attack death case
By Alyssa Williams, Court Intern, Nashville/Murfreesboro Last summer’s intern for the Court of Workers’ Compensation Claims recapped an important opinion from the Tennessee Workers’ Compensation Appeals Board, Taylor v. Dale’s Recycling. She passed the baton to me, a 2L at the University of Tennessee Winston College of Law. With a journalism degree in my back … Continue reading Tennessee Supreme Court lets ruling stand in heart attack death case
Plan to attend the Bureau’s Education Conference
The annual education conference starts a week from today. This is a short reminder for the attorney track. We have more breakout sessions than usual this year, and you don’t want to miss any of them. Below is a recap of the attorney track and the continuing legal education pre-approved hours that go with them. … Continue reading Plan to attend the Bureau’s Education Conference
Attorney Fees in Litigation: A Few Reminders
By Jane Salem, staff attorney, Nashville So, you want to get paid? And your case went to trial? Last week, the Chief Judge offered pointers for attorney fee awards when cases settle. This week, I’m taking a look at fees in litigated cases, with ideas for both plaintiff and defense lawyers. BUT FIRST. Yes, you … Continue reading Attorney Fees in Litigation: A Few Reminders
Attorney Fees in Settlements: A Few Reminders
By Chief Judge Kenneth M. Switzer, Nashville Chancellor Ellen Lyle, who swore in the original eight workers’ compensation judges in Tennessee, told us that our job would be easy if we would simply “follow the law.” That advice has guided us for almost 12 years now. This article is about lawyers—both plaintiff and defense—and judges … Continue reading Attorney Fees in Settlements: A Few Reminders
Credits Pre-Approved for the Upcoming Education Conference
A continuing legal education-rich conference from June 10-12 awaits your attendance. This year, we’ve received confirmation of 11.75 pre-approved CLE hours, which include 2.15 ethics hours. Below is the list of approved offerings, and here’s the agenda. So, a trip to Murfreesboro results in almost a whole year’s worth of credits in just two and … Continue reading Credits Pre-Approved for the Upcoming Education Conference
Big News: Lawmakers Amend Attorney Fee Statute
By Jane Salem, staff attorney, Nashville IMPORTANT. Governor Bill Lee recently signed a bill into law revising the standards by which a workers’ compensation judge may/must award attorney’s fees and costs. The new law will certainly be one to watch for both employee and employer attorneys in Tennessee. PLEASE READ IT. These changes apply to … Continue reading Big News: Lawmakers Amend Attorney Fee Statute
FAQs: Enforcing Open Medical Benefits Provisions
By Judge Shaterra R. Marion, Memphis Back in February 2024, I wrote a blog post entitled “Primer on Enforcing/Defending Against Open Medicals.” I explained how we saw more and more post-judgment disputes and briefly reviewed the standards of proof and other concerns regarding those cases. I’m back again to answer all your questions! I’ll try, … Continue reading FAQs: Enforcing Open Medical Benefits Provisions