Appeals Board issues opinion on competing experts

On Monday, the Appeals Board released its opinion in Sharee Clay v. Signature Healthcare. The Board heard argument in the case on Oct. 1. It affirmed Judge Joshua Davis Baker's compensation hearing order. The case asked the Board to consider the trial court's decision to exclude Signature Healthcare's expert testimony as hearsay, finding that counsel … Continue reading Appeals Board issues opinion on competing experts

Appeals Board affirms opinion on admissibility of ‘self-taught’ expert’s testimony, clarifies discovery rights

Today the Appeals Board affirmed a trial court decision denying a motion in limine that sought to exclude an expert's deposition testimony because the physician had no training in use of the AMA Guides and stated at one point that she could not recall how she arrived at her rating. In Ailshie v. TN Farm … Continue reading Appeals Board affirms opinion on admissibility of ‘self-taught’ expert’s testimony, clarifies discovery rights

Next Step Program Specialist Announced

The Tennessee Bureau of Workers’ Compensation has appointed its inaugural position for the new Next Step Program. Marion Southall White was hired as the first Vocational Recovery Specialist for the Next Step Program. Marion comes from a career development background with the Institute for Career Development for the United Steelworkers. She brings years of manufacturing … Continue reading Next Step Program Specialist Announced

Appeals Board Considers Electronic “Presence” at Independent Medical Examinations

By Jane Salem, Staff Attorney, Nashville A pair of injured employees wants to have their physician “present” at an independent medical examination via videoconference or live-streaming. In one case, the judge allowed ordered that videoconferencing be arranged; in another case, a different judge declined to order it. Who got it right? The Tennessee Workers Compensation … Continue reading Appeals Board Considers Electronic “Presence” at Independent Medical Examinations

Bureau Revises Petition for Benefit Determination

By Chief Judge Kenneth M. Switzer, Nashville In the recent Tennessee Workers’ Compensation Appeals Board decision Vickers v. Amazon.com, the Board observed that it is "unclear" why the email address to file a petition for benefit determination is that of the ombudsman program rather than the clerk of court, the customary recipient of a pleading. In … Continue reading Bureau Revises Petition for Benefit Determination

We’re All Ears

By Judge Amber Luttrell, Jackson Through this blog, the Bureau of Workers’ Compensation and the Court of Workers’ Compensation Claims seek to share insights, tips and developments on all things relevant to Tennessee workers’ compensation law. Sometimes we also seek to entertain you with engaging true stories of poison, mules, onions, man’s best friend, and … Continue reading We’re All Ears

Appeals Board sets cases for oral argument

On October 1, the Workers' Compensation Appeals Board will return to the Tennessee Supreme Court in Nashville to hear arguments in the following cases: Tennyson Order Compelling Deposition; Ailshie v. TN Farm Bureau Federation; Clay v. Signature Healthcare; and, Caldwell Order Compelling IME. Arguments begin at 9:00 a.m. Click here for more information.