The Tennessee Workers’ Compensation Appeals Board will hold oral arguments by videoconference in two cases on June 26. An “alleged insurer” is asking the Board to decide if a trial court has jurisdiction to decide a coverage dispute in Glenn v. Jameson Industries, LLC. Then, in Bragg v. Premium Services, LLC, the issue is whether … Continue reading Virtual Oral Arguments Announced
Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold in-person oral arguments in two cases on June 8. First, the Board will consider the definition of “reasonable and necessary” medical bills, and if the trial court erred by excluding bills at a compensation hearing, in Lentz v. Coca-Cola Consolidated. (Read this order, too.) Second, in Semich … Continue reading Oral Arguments Announced
The Law of the Subsequent Injury Fund
By Judge Allen Phillips, Jackson "If an employee has previously sustained a permanent disability . . . he shall be entitled to compensation from his employer or the employer's insurance carrier only for the disability that would have resulted from the latter injury . . . provided, however, that in addition to such compensation for … Continue reading The Law of the Subsequent Injury Fund
Appeals Board Sets Arguments During Conference
The Workers’ Compensation Appeals Board will hear arguments during the Bureau’s upcoming educational conference. The case, Martinez v. ACG Roofing, Inc., involves an insurance coverage dispute and multiple alleged employers. The trial judge denied a motion for summary judgment brought by one of the carriers, Assigned Technology Risk, finding questions of material fact. Assigned Technology … Continue reading Appeals Board Sets Arguments During Conference
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board issued its second opinion in two years in which it upheld the direct and natural consequences rule in workers’ compensation cases. Presiding Judge Timothy Conner wrote a concurring opinion, however, remarking that guidance from the Tennessee high court would be useful. Facts Natacha Hudgins … Continue reading Direct and Natural Consequences Rule Remains Intact
Multiple Employers, But ONE Petition
By Penny Shrum, Court Clerk, Nashville I have a large family. Two of my sisters are fraternal twins. Once people are told they are twins, they can’t tell them apart. They are two separate entities tied together by one birth. It gets complicated. When an employee files a petition for benefit determination with several potential … Continue reading Multiple Employers, But ONE Petition
Love Pets…Pet Peeves Not So Much
By Judge Lisa A. Lowe, Knoxville Most Americans have and love pets these days. Our pets have become beloved members of our families. I’m no exception. My dog, George, is an eight-year-old English crème retriever (think golden retriever that’s white instead). We’ve always said that he was our therapy dog, and now he’s extended his … Continue reading Love Pets…Pet Peeves Not So Much
Synergy: When Magic Happens
By Judge Audrey Headrick, Chattanooga “Synergy” means “an advantageous pooling together of resources or efforts,” according to Merriam-Webster. Synergy fits perfectly with Administrative Professionals’ Day, which is on April 26. “Administrative professional” is an umbrella term that encompasses many jobs. In fact, our country has recognized and celebrated Administrative Professionals’ Day since 1942. Through the … Continue reading Synergy: When Magic Happens
It’s Rulemaking Time Again
By Chief Judge Kenneth M. Switzer, Nashville “This above all-- to thine own self be true, and it must follow, as night follows day, thou canst not then be false to any man.” --Hamlet, Act 1 Scene 3, spoken by Polonius. As “night follows day,” rule-making time comes upon us again. For the past nine … Continue reading It’s Rulemaking Time Again
Coal Miner’s Grandson
By Judge Robert Durham, Cookeville I was recently thinking about how critical workers’ compensation benefits are for some families, particularly those whose primary breadwinner has died in a work accident. And then I realized something that I’d never thought about, even though I’ve dealt in worker’s compensation for thirty years now: my own family was … Continue reading Coal Miner’s Grandson
“I’m Parking in Memphis”?
Most of you may be used to "walking" in Memphis. And that's great! Because we have a little bit of bad news that might lead to a little more walking (and less parking) in Memphis. We were notified yesterday afternoon by the property managers of One Commerce Square that only those with monthly parking passes … Continue reading “I’m Parking in Memphis”?
40 Hour Week (For a Livin’)
By Judge Brian Addington, Gray Did the tune just pop in your head? It’s the title of a 1985 song from the band Alabama that reached number one on the country charts. The song pays homage to all the workers behind the scenes who get things done in America. One part of the song talks … Continue reading 40 Hour Week (For a Livin’)
Mark Your Calendars
By Judge Brian Addington, Gray You're cordially invited to an open house commemorating the fifth anniversary of the Gray office of the Bureau of Workers Compensation. The celebration will take place on March 1, 2023, from 10:30 to noon Eastern time. Light refreshments will be served. Click here to get a little background information. Just … Continue reading Mark Your Calendars
Did you know…?
By Kimberly D. Weaver, paralegal, Knoxville I’m a lover of fun, strange, and weird facts. And when it relates to history, even better. I’m kind of like postman Cliff Clavin from Cheers. Remember as he would saunter up to the bar, order his drink, and out would come a strange fact from the depths of … Continue reading Did you know…?
Third case added to February Oral Arguments
The Appeals Board will also hear arguments in Cook v. Newton Nissan of Gallatin on February 22. After an expedited hearing, the trial court ordered the employer to offer a panel of pain management specialists, which panel must exclude a physician who had already seen the employee. The employer appealed. Arguments will start at 9:00 … Continue reading Third case added to February Oral Arguments
Memphis settlements canceled today
However, next week approvals will take place from 9-11 a.m. on Tuesday. On Wednesday and Thursday, the approval hours will be extended. They are available from 9 a.m. to noon. Thanks for your flexibility.
Oral Arguments Set for Late February
On February 22, the Workers’ Compensation Appeals Board will hold oral arguments in two cases. First, in Nelson v. QVS, the employee alleged an injury while working for the corporation he owns, and which employs him. The business’s carrier has denied the claim. The employee filed a motion that the carrier provide separate counsel to … Continue reading Oral Arguments Set for Late February
Memphis settlements canceled; expanded hours in Nashville
Chief Judge Switzer will be available for approvals from 8 a.m until 2 p.m. Central Time, today only.
In Re: Residents of Montgomery, Stewart, and Houston Counties
By Chief Judge Kenneth M. Switzer, Nashville There’s no place like home. Some people have to travel far from home for a settlement approval. Over the years, the Court of Workers’ Compensation Claims has secured remote locations to hold settlement approval hearings. We’ve done this because our judges are located in eight cities across the … Continue reading In Re: Residents of Montgomery, Stewart, and Houston Counties
Memphis Settlements Canceled Today
Memphis settlements are canceled today due to inclement weather. Be careful on the roads if you must go out.