Labor Day, and Organized Labor Under Tennessee Workers’ Comp Law

By Judge Josh Baker, Nashville Each year on the first Monday of September, Americans gather in various ways to celebrate Labor Day with cookouts, barbecues and parades in some larger cities. According to the U.S. Department of Labor, the first celebration of the holiday occurred on September 5, 1882, in New York City, where they … Continue reading Labor Day, and Organized Labor Under Tennessee Workers’ Comp Law

Cost Projections: A Real Truth from 40 Years Ago

By Chief Judge Kenneth M. Switzer Remember the phrase, “I’m not a doctor, but I play one on TV”? Google explains that it “originated from a 1984 Vicks Formula 44 cough syrup commercial” and “humorously highlights the distinction between real expertise and the appearance of expertise on television.” Real expertise. Lawyers and judges are experts … Continue reading Cost Projections: A Real Truth from 40 Years Ago

Back to School! (Or, “How I spent My Summer Vacation”)

By Alyssa Williams, Court intern/2L, Winston College of Law, University of Tennessee-Knoxville When I began my summer internship with the Tennessee Bureau of Workers’ Compensation, I didn’t know what to expect. As a 1L, you don’t learn a lot about this specialized area of law, and it was certainly a learning curve. But, as with … Continue reading Back to School! (Or, “How I spent My Summer Vacation”)

Fee Schedule Applies to Unauthorized Treatment

By Jane Salem, staff attorney, Nashville The medical fee schedule applies to all medical treatment in workers’ compensation claims, whether it’s authorized or unauthorized. The Appeals Board reached this conclusion on Friday in Hands v. Fresenius Medical Care Holdings, Inc. The case presented many issues at trial. Hands alleged knee and back injuries from work, … Continue reading Fee Schedule Applies to Unauthorized Treatment

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

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