By Judge Brian Addington, Gray History buffs like me will remember the words of H.M. Stanley: “Dr. Livingstone, I presume.” And, anyone who watches movies or television can likely complete this sentence: A criminal defendant is “presumed ______ until _______.” Or if someone disappears, how many years until they’re presumed dead? We have many presumptions … Continue reading Presumptions in Tennessee Workers’ Compensation
Author: tncourtofwcclaims
Update: Settling Cases with MSAs
By Judge Dale Tipps, Murfreesboro Readers of the Court’s blog are no doubt familiar with our ever-popular classic, Settling Cases with Medicare Set-Aside Agreements, where we made it clear that the Court won’t review or approve MSAs entered into by parties seeking to close future medical benefits. That hasn’t changed – we’re still not going … Continue reading Update: Settling Cases with MSAs
C-32s: Law, Cases and Practice Pointers
By Jane Salem, staff attorney, Nashville What if there were an easy way to get a physician’s opinion into evidence? Great news! For 35 years now, we’ve had that shortcut: section 50-6-235 and its rule counterpart, 0800-02-01-.09. The statute and rule state that a party may file the form instead of a physician’s deposition. Form … Continue reading C-32s: Law, Cases and Practice Pointers
Judge Announced for the Memphis Court of Workers’ Compensation Claims
Administrator Troy Haley has appointed Shaterra Reed Marion as a judge on the Court of Workers’ Compensation Claims, the adjudicative function within the Tennessee Bureau of Workers’ Compensation. She will be located in the Memphis office. Ms. Marion has practiced law in Tennessee since 2012, primarily in workers’ compensation and insurance defense. She has been Field … Continue reading Judge Announced for the Memphis Court of Workers’ Compensation Claims
Board Probes Causation Presumption, Standard of Review
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard oral arguments recently in Johnson v. Inspire Brands, d/b/a Blazin Wings, Inc, an interlocutory appeal of an expedited hearing order where the trial court, after weighing competing expert medical opinions, granted back surgery. Oral arguments focused on two issues: whether a former authorized treating physician … Continue reading Board Probes Causation Presumption, Standard of Review
We’ll Miss You, Judge Seymour
By Jane Salem, staff attorney, Nashville It just had to feel “right.” So says Judge Deana Seymour about her process when finalizing an order after an evidentiary hearing. After applying the facts to the law and before signing it, she always did a gut check. That doesn’t mean she always got it right; but often, … Continue reading We’ll Miss You, Judge Seymour
Abbie Hudgens Inducted into NAWCJ Hall of Fame
By Judge Audrey Headrick, Chattanooga In 2011, Governor Bill Haslam appointed Abbie Hudgens as Administrator of the Division, now Bureau, of Workers’ Compensation. Among her many accomplishments, Abbie led the Bureau through the 2013 Workers’ Compensation Reform Act. The Reform Act created the Court of Workers’ Compensation Claims. Abbie ultimately appointed twelve workers’ compensation judges. … Continue reading Abbie Hudgens Inducted into NAWCJ Hall of Fame
No settlements statewide next Monday through Wednesday
The Judges will be attending the Bureau's Educational Conference in Murfreesboro. Hope to see you there. As a reminder, please check the hours and procedures for settlements before scheduling them. Thanks. West Tennessee crepe myrtle fares well in the summer heat. Photo by Judge Deana Seymour, Memphis.
Board Sets Oral Arguments in Two Cases
On August 10, the Tennessee Workers’ Compensation Appeals Board will hold oral argument in a pair of cases regarding an employee’s entitlement to medical benefits while treating for their work injuries. In both cases, the trial courts had to weigh conflicting expert opinions over medical causation and ultimately found in favor of the injured worker. … Continue reading Board Sets Oral Arguments in Two Cases
Former U.S. Attorney General to Speak at Annual Conference
Attorneys, the Bureau of Workers’ Compensation is offering three presentations to satisfy your annual continuing education requirements on legal ethics at the Annual Educational Conference. This year, the conference will take place Monday, August 15, through Wednesday, August 17, at the Embassy Suites Conference Center in Murfreesboro. We’re offering a one-hour ethics presentation on each … Continue reading Former U.S. Attorney General to Speak at Annual Conference
No Settlement Approvals Statewide July 20-22
The judges will be at a judicial conference. Thanks. Shelby Park, Nashville.
Judge Seymour to Retire; Applicants Sought for Memphis Judgeship
Judge Deana Seymour Memphis Judge Deana Seymour has announced her retirement. She will step down on Sept. 1. Look for another article about her career accomplishments and contributions to the Court in the very near future. In the meantime, the State of Tennessee and Bureau of Workers’ Compensation are requesting interested and qualified attorneys to … Continue reading Judge Seymour to Retire; Applicants Sought for Memphis Judgeship
Board Affirms Open Medicals Ruling
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s decision to order an employer to authorize a visit to the designated doctor under an open medical benefits provision of a compensation order. The self-represented employee prevailed—but the opinion offers valuable guidance for what an employer can … Continue reading Board Affirms Open Medicals Ruling
Gov. Lee Announces Key Tennessee Bureau of Workers’ Compensation Appointments
Abbie Hudgens stepping down; Troy Haley will lead Friday, July 01, 2022 | 04:33pm NASHVILLE, Tenn. – Today, Tennessee Governor Bill Lee announced he will appoint Troy Haley to serve as Administrator of the Tennessee Bureau of Workers’ Compensation within the Tennessee Department of Labor and Workforce Development, effective September 1. Lee also named key appointments to the Workers’ … Continue reading Gov. Lee Announces Key Tennessee Bureau of Workers’ Compensation Appointments
We All Have Our Limits
By Judge Robert Durham, Cookeville Not Judge Durham. Nope. Like everyone else, I have my limits. There are some things I just can’t do, even if I want to. For example, I can’t dunk a basketball, and it doesn’t matter how much I practice, I will never be able to go in for that monster … Continue reading We All Have Our Limits
Self-Represented Litigants: A Look at the Rules
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
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
From the Bench 