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

The History of the Judicial Code of Ethics

By Hon. David Langham, Deputy Chief Judge, Florida Office of Judges of Compensation Claims, Pensacola Blog administrator’s note: All judges of the Tennessee Court of Workers’ Compensation Claims are active members of the National Association of Workers’ Compensation Judiciary, and all have benefitted from attending the association’s educational programming at one time or another. This … Continue reading The History of the Judicial Code of Ethics

Appeals Board Releases Two Opinions from October Oral Arguments

By Jane Salem, staff attorney, Nashville Earlier this week, the Tennessee Workers’ Compensation Appeals Board affirmed a pair of trial court rulings about an employer’s right to a medical examination and the exclusion of expert testimony when an attorney didn’t comply with a scheduling deadline. The Board held oral argument in both cases last month. … Continue reading Appeals Board Releases Two Opinions from October Oral Arguments

What’s New at the Appeals Board?

We’re glad you asked! First, on Monday, new rules became effective that govern the appeals process for both interlocutory appeals and compensation order appeals. They are available here. The rules didn't revise any deadlines or make other significant substantive changes, but they now incorporate the Board’s former Practices and Procedures into the administrative rules. Second, … Continue reading What’s New at the Appeals Board?