By Judge Allen Phillips, Jackson The right to self-representation has been part of American jurisprudence since the beginnings of our nation. Indeed, the Judiciary Act of 1789 provided that “in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.” A few … Continue reading Self-Represented Litigants: A Look at the Rules
Author: tncourtofwcclaims
Knoxville Attorney Appointed Workers’ Compensation Judge
Governor Bill Lee has appointed Meredith B. Weaver as a judge on the Workers’ Compensation Appeals Board for the Tennessee Bureau of Workers’ Compensation (BWC). Weaver has practiced law for 18 years, primarily in the areas of workers’ compensation and employment law. She is an attorney with the firm Peterson White in Knoxville. Weaver was voted … Continue reading Knoxville Attorney Appointed Workers’ Compensation Judge
Court Creates New Settlement Templates for Death Benefits
By Judge Pamela Johnson, Knoxville “Excellence is the gradual result of always striving to do better.” – Pat Riley “On occasion we need to make a second effort – and a third effort, and a fourth effort, and as many degrees of effort as may be required to accomplish what we strive to achieve.” – … Continue reading Court Creates New Settlement Templates for Death Benefits
Appeals Board Stresses Panel Requirement
By Jane Salem, staff attorney, Nashville Employers/carriers: as a general rule, when an employee reports a work injury, you must offer a panel of three physicians within three business days. This requirement isn’t new; yet it still isn’t followed universally. An Appeals Board opinion released last week shows that when a panel isn’t given, the … Continue reading Appeals Board Stresses Panel Requirement
MOST Announces Three Procedural Changes
By Jeannie Henderson, Martha-Lynn Lee, Kourtney Sanders, and Jay Hicks As REO Speedwagon sang back in the late 1970s, sometimes you’ve got to roll with the changes. We within Mediation and Ombudsman Services of Tennessee think those are wise words. You might have already noticed changes with the Dispute Resolution Statements that have been issued … Continue reading MOST Announces Three Procedural Changes
Memphis Settlements: The Sequel
By Chief Judge Kenneth M. Switzer, Nashville As Top Gun: Maverick has shown, sometimes a sequel can be a huge hit and even more successful than the original. We’re hoping for the same with this article. After publishing yesterday’s blog about an adjustment in the Memphis settlement process, we learned that some misunderstanding occurred in … Continue reading Memphis Settlements: The Sequel
Memphis Settlements: New Process and a Satellite Location
By Chief Judge Kenneth M. Switzer, Nashville Memphis, Nashville, and Murfreesboro conduct the most settlement approvals in Tennessee. Memphis has presented difficulties for some time now with providing enough settlement times to accommodate the large volume. The location and accessibility of the Memphis office unfortunately complicate the matter. We’ve long heard stories of difficulty finding … Continue reading Memphis Settlements: New Process and a Satellite Location
Musings on Mentoring
By Jane Salem, staff attorney, Nashville It's May. I get sentimental this time of year at graduations. Some people cry at weddings, but I prefer graduations. I'm just very inspired by young people walking across a stage and celebrating hard work and success. Especially now, when schooling became a whole lot more complicated by a … Continue reading Musings on Mentoring
Judge Baker is Reappointed
Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, has announced that she recently reappointed Judge Joshua Davis Baker to the Court of Workers’ Compensation Claims. Judge Baker sits in Nashville. This will be his second full term. “Judge Baker has played a pivotal role in the Court of Workers’ Compensation Claims since his … Continue reading Judge Baker is Reappointed
Board Determines the Court’s Discretion with Requests for Admissions
By Janaye Godfrey, Court Intern, Nashville Belmont University College of Law ‘24 The Appeals Board released an opinion last week determining the scope of a trial court’s discretion when applying Rule 36 of the Tennessee Rules of Civil Procedure, which governs requests for admissions. In Holt v. Quality Floor Coverings, LLC, the employee alleged an … Continue reading Board Determines the Court’s Discretion with Requests for Admissions
Board Considers Noncompliance, Letters to Experts
By Jane Salem, staff attorney, Nashville The Appeals Board released an opinion yesterday, reiterating the fairly well-settled parameters of medical noncompliance in the Workers’ Compensation Law. The decision also held that trial judges have an obligation to scrutinize letters seeking expert opinions for their accuracy regarding the facts and law. In Marie Bailey v. Amazon, … Continue reading Board Considers Noncompliance, Letters to Experts
Discovering the Better Angels of our Nature: A Brief Look at Discovery Motions
By Judge Allen Phillips, Jackson Some may recall that I admire the wisdom of Abraham Lincoln. I cited some of that wisdom in an earlier post regarding attorney’s fees. Beyond fees, Lincoln’s visionary insights into other matters ring as true today as they did nine score and six years ago (That was 1836, the year … Continue reading Discovering the Better Angels of our Nature: A Brief Look at Discovery Motions
Templates Revised for Disputed Cases: No Doubt
By Judge Lisa A. Lowe, Knoxville We use certain words to mean certain things. Sometimes we use a word or phrase out of habit, without really thinking of the meaning or implication. For example, those involved in Tennessee workers’ compensation cases are familiar with what we have called “doubtful and disputed” settlements. “Doubtful” means uncertainty … Continue reading Templates Revised for Disputed Cases: No Doubt
Seeking Your Input for Judicial Reappointment
By Abbie Hudgens, Administrator, Bureau of Workers’ Compensation Eight years ago, I had the honor to select eight judges to the Court of Workers' Compensation Claims after a rigorous application and interview process. The judges were given staggered terms, so that in the future, we would not have eight jurists potentially up for reappointment at … Continue reading Seeking Your Input for Judicial Reappointment
How About Something Happier?
By Judge Dale Tipps, Murfreesboro A professor in the School of Management at Middle Tennessee State University recently asked me to speak to a couple of her Human Resources classes about workers’ compensation. I put together a presentation on the development of work comp, how it works in Tennessee, and how human resources departments can … Continue reading How About Something Happier?
The Bureau is Closed on April 15
In observance of Good Friday, Bureau offices will be closed.
Court Adopts Interpreter Protocol
By Chief Judge Kenneth M. Switzer, Nashville [Note: Yesterday we posted an article about interpretation in the Court. It was in German. How frustrated did that make you feel if you don't read German? Some of you sent emails or made comments asking for help. Some of you thought we'd hit the wrong button. We didn’t. But did it make you … Continue reading Court Adopts Interpreter Protocol
Gerichtshof verabschiedet AuslegungsprotokollGerichtshof nimmt Auslegung an
Von Chief Judge Kenneth M. Switzer, Nashville Im vergangenen November veröffentlichten wir einen Artikel über die Bedeutung der richtigen Interpretation während der Gerichtsverhandlungen - nicht nur Vergleiche, sondern auch beschleunigte Anhörungen und Entschädigungsanhörungen. Zuvor haben wir einige hybride Interpretationen zugelassen. Wir haben Konversationsdolmetschen, Simultanübersetzungen und geteilte Dolmetschungen erlaubt (bei denen der Mitarbeiter teilweise seine Sprache … Continue reading Gerichtshof verabschiedet AuslegungsprotokollGerichtshof nimmt Auslegung an
Remember to Set Approvals at Remote Locations
By Chief Judge Kenneth M. Switzer, Nashville A quick reminder that the Court returns to in-person settlements this week across the state at our regional courtrooms. In addition, we remind of the following remote locations, with dates and contact information. Judge Addington: Hamblen County, first Wednesday each month from 9 a.m. Eastern Time to noon … Continue reading Remember to Set Approvals at Remote Locations
Appeals Board Clarifies Notice and Prejudice
By Jane Salem, staff attorney, Nashville An Appeals Board opinion released on Monday offers guidance on notice and in particular what constitutes prejudice to an employer, among other notable rulings. In Hannah v. Senior Citizens Home Assistance Services, Inc., Donna Hannah, a home healthcare provider, alleged she injured her neck when moving a client. At … Continue reading Appeals Board Clarifies Notice and Prejudice
From the Bench 