Thanks for your continuing cooperation with our revised settlement procedures due to the pandemic. Photo by Kim Weaver, Legal Assistant and devoted gardener, Knoxville.
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board ruled on an issue of first impression that the date of injury in mental injury claims for jurisdictional purposes is the date of the identifiable work-related event or events resulting in a sudden or unusual stimulus. The ruling rejected an injured worker’s contention that … Continue reading Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments in four cases on Oct. 15, by phone or “other remote means” yet to be determined. Click here to see the docket. The arguments kick off at 9:00 a.m. Central Time with a case from west Tennessee, Diamond v. Kroger Co. The case required the … Continue reading October oral arguments announced
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board affirmed a trial court ruling from an expedited hearing that an employee’s injuries weren’t work-related, when those injuries were from a tree falling on him as he exited a portable toilet next to his job site. Brett Rosasco was painting a home exterior. He … Continue reading Injuries from fallen tree aren’t compensable
By Judge Dale Tipps, Murfreesboro This article will tackle a very “august” topic: tips for your next summary judgment motion. Summary judgment traces its roots back to England as a means of hastening litigation and potentially the disposition of cases, principally debtor-creditor actions. Its first codification occurred in 1855 when Parliament passed the Keating Act. … Continue reading A Summer-y Blog Post on Summary Judgment
Thanks for your continued flexibility. Click here and here for more information on the process, which we previously conveyed. Be safe, everyone.
By Judge Audrey Headrick, Chattanooga With COVID-19 and the advent of social distancing, we’ve been looking for a better location for Chattanooga regional trials. If you’ve ever visited the Court of Workers’ Compensation Claims Chattanooga courtroom, you know it’s a bit “cozy.” Unfortunately, it’s too cozy for us to conduct trials during the pandemic and … Continue reading Announcing a New, Temporary Location for Chattanooga Trials
By Judge Pamela B. Johnson, Knoxville Periodically, the legislature tweaks the statutes related to the Workers’ Compensation Law. This legislative session was no exception. Full-text of the amendments is here. Three noteworthy changes were made. The first two added to the calculation of deadlines. The last allowed a previous change to “sunset.” These changes are … Continue reading Take Note of Recent Amendments to the Statute
A while back, we announced with great disappointment that our annual educational conference was canceled. But now we have fantastic news: We've discovered a way to present a great conference without the worries of bringing 600-plus attendees together. We'll be teaming with Select Medical to host a virtual conference. Save the dates--October 24-30--although it’s not … Continue reading Bureau Announces Virtual Educational Conference
By Judge Pamela B. Johnson, Knoxville A few years ago, due to a significant increase in motion practice in the Court of Workers’ Compensation Claims, we established rules for dispositive and non-dispositive motions to give practitioners some parameters. The rule’s latest iteration is Tennessee Compilation Rules and Regulations 0800-02-21-.18 (August, 2019), and it’s available here—just … Continue reading A Few Thoughts on Non-Dispositive Motions
We'll be closed on Friday for the July Fourth holiday. The Court holds its semi-annual Judicial Meeting on July 16 and 17, and no one will be available to approve settlements. We wish you a safe and happy holiday.
Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, announced today that she has reappointed seven judges to the Court of Workers’ Compensation Claims. They are: Kenneth Switzer, Chief Judge, Nashville Brian Addington, Gray Pamela Johnson, Knoxville Lisa Lowe, Knoxville Thomas Wyatt, Chattanooga Allen Phillips, Jackson Deana Seymour, Memphis. “One of the most significant … Continue reading Bureau Announces Judge Reappointments
By Jane Salem, staff attorney, Nashville When a party requests an evaluation from the Bureau’s Medical Impairment Rating Registry, the opposing party can’t object on the basis that the party manufactured a dispute over the rating by hiring an expert to perform a records review. The Appeals Board announced this legal principle yesterday in Gray … Continue reading Board Releases Opinion Allowing MIRR Evaluation to Proceed
While states and cities commence reopening at various paces, we have determined that we will continue conducting settlement approvals by telephone through July. By most accounts, the new, temporary process is working well and keeping everyone safe at the same time. We will reevaluate this decision in the coming weeks and let you know what … Continue reading Telephonic settlement approvals to continue through July
By Judge Robert V. Durham, Cookeville Back when the world was normal, I traveled to Kentucky to observe how its court conducted workers’ compensation hearings. While anyone who practices workers’ comp in Tennessee would have little difficulty getting up to speed on Kentucky law, they’d encounter several procedural differences that I found very interesting. To … Continue reading Workers’ Comp in the Bluegrass State
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board reversed a trial court determination finding medical causation in a case where the employee alleged liver, kidney and cardiac conditions as occupational diseases. According to the Board, the lower court should’ve accepted the employer’s experts’ opinions because they were better qualified and didn’t rely … Continue reading Board Reverses Causation Decision in Complex Occupational Disease Case
By Chief Judge Kenneth Switzer, Nashville “When you have exhausted all possibilities, remember this: You haven’t.” --Thomas Edison Right now, we’re all … Continue reading Guidance as in-person hearings resume
By Jane Salem, staff attorney, Nashville The Supreme Court Special Workers’ Compensation Appeals Panel revived a case earlier this week, holding that an injured worker didn’t elect to pursue his claim in Georgia when that state’s tribunal found he didn’t have subject matter jurisdiction. The ruling reinstates the decision of Tennessee Court of Workers’ Compensation … Continue reading Lack of Subject Matter Jurisdiction Precludes an Election of Remedies
By Judge Brian Addington, Gray Wow, April 28th came and passed, and nothing really seemed to be going on because of the COVID-19 mess we are in right now. But, did you know that April 28th is actually a day of remembrance? In the United States, it is called Workers’ Memorial Day. In Canada, it’s … Continue reading Remembering Those Who Died at Work
In a previous blog post, we announced that electronic surveys about our judges would be sent to every attorney and self-represented litigant within the past year who tried or settled a case in the Court of Workers’ Compensation Claims where a dispute certification notice issued. We also said to watch your inboxes because they would … Continue reading Surveys delayed but on the way