By Judge Thomas Wyatt, Nashville It’s not surprising that the subject of working has captured the creative impulses of the poet and songwriter. After all, most of humanity spends a good percentage of our waking hours making a living. And despite all the griping about our jobs and watching the clock for the arrival of … Continue reading Workers’ Comp in Song
Author: tncourtofwcclaims
Returning to In-Person Settlements
By Chief Judge Kenneth M. Switzer, Nashville The days are numbered for telephone settlement approvals. In just a few short weeks, we’ll return to in-person settlement approvals, on April 4, 2022. We announced this previously and promised a more detailed article once we ironed out the wrinkles. So here we go. In-person is the rule; … Continue reading Returning to In-Person Settlements
Board Reverses in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville Recently, the Appeals Board issued its opinion in Love v. Love Management, Inc., reversing the trial court for applying incorrect legal standards when it denied the insurer a continuance and granted partial summary judgment to Mrs. Love. Because it bears repeating, Presiding Judge Timothy Conner wrote a concurring opinion … Continue reading Board Reverses in Love versus Love Management
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board ruled earlier this week that the Reform Act of 2013 didn’t affect the longstanding “direct and natural consequences rule” for causation. The Board additionally held that the trial court correctly admitted a vocational expert’s testimony into evidence, despite the fact that he destroyed … Continue reading Direct and Natural Consequences Rule Remains Intact
Returning to In-Person Settlements
We’re pleased to announce a return to in-person settlement approvals on April 4, 2022! As practitioners know, each of the Bureau of Workers’ Compensation eight offices has a lengthy history of individual procedures for settlement approvals. So, we’re ironing out the details among the various offices. We’ll share them in a future post once we’re … Continue reading Returning to In-Person Settlements
Finding the Silver Linings
By Judge Audrey Headrick, Chattanooga Cambridge Dictionary defines “silver lining” as “an advantage that comes from a difficult or unpleasant situation.” Since March 2020, it’s not always been easy to see any positives that resulted from the pandemic. The pandemic is still with us, and the end doesn’t seem to be in sight. When reading … Continue reading Finding the Silver Linings
Appeals Board hears argument in Love versus Love Management
By Sarah Byrne, staff attorney, Nashville The Appeals Board heard arguments recently in Love v. Love Management, Inc. to decide whether the trial court erred when it denied the insurer a continuance and granted partial summary judgment to Emilie Love, finding as a matter of law that she was an employee and working in the … Continue reading Appeals Board hears argument in Love versus Love Management
Governor’s Office Seeks Applicants for Appeals Board Judgeship
Gov. Bill Lee's Office announced yesterday that they are accepting applications to fill the judgeship currently held by the Honorable David Hensley, who will retire at the end of March. Applicants must be licensed Tennessee attorneys in good standing, age 30 or older, and have seven or more years of experience in workers' compensation law. … Continue reading Governor’s Office Seeks Applicants for Appeals Board Judgeship
Judge Hensley Announces Retirement
Judge David F. Hensley has announced his retirement from the Tennessee Workers’ Compensation Appeals Board as of March 31, 2022. After his graduation from the University of Tennessee College of Law in 1979, Judge Hensley began his career in Chattanooga clerking for Judge Herschel P. Franks of the Tennessee Court of Appeals. He then spent … Continue reading Judge Hensley Announces Retirement
Amended rules take effect NOW
By Chief Judge Kenneth M. Switzer, Nashville The Workers’ Compensation Law grants the administrator rule-making authority. That authority extends to the rules governing the Court of Workers’ Compensation Claims and Alternative Dispute Resolution. As we’ve promised, we review those rules constantly and make amendments to them about every two years. The last amendments were effective … Continue reading Amended rules take effect NOW
Year in Review: Appeals Board, part 2
By Jane Salem, staff attorney, Nashville Welcome back to the last of a three-part series on 2021’s appellate decisions. As the title implies, this article covers the remainder of the Board opinions from last year on many different issues. You are reading the cases in their entirety, right? Thanks. Summary judgment This is a fine … Continue reading Year in Review: Appeals Board, part 2
Year in Review: Appeals Board, part one
By Jane Salem, staff attorney, Nashville Welcome back to a review of 2021’s appellate opinions. In this article, we’ll recap the Appeals Board opinions involving course and scope, medical causation and reasonable necessity, including utilization review, and an opinion about the Medical Impairment Rating Registry. But first… please read the opinions! Because I’ll mention just … Continue reading Year in Review: Appeals Board, part one
Year in Review: Supreme Court Panel Opinions
By Jane Salem, staff attorney, Nashville As in previous years, I like to kick off January with a look back at last year’s appellate opinions. This post will summarize 2021 opinions from the Tennessee Supreme Court Special Workers’ Compensation Panel. In later posts, we’ll revisit the Appeals Board’s work from last year. Don’t forget to … Continue reading Year in Review: Supreme Court Panel Opinions
Update about oral arguments; and settlements next week
The Appeals Board granted a motion to continue the oral arguments in Braden v. Mohawk Industries. Those arguments will now be held on February 7. Also, here's the docket for the January 25 arguments, if you want to observe. They will begin at 8:30 a.m. Central Time. In addition, no settlement approvals will take place … Continue reading Update about oral arguments; and settlements next week
Let it snow!
We're still proceeding with all scheduled telephone settlement approvals, today and tomorrow, despite the weather and closure of state offices. Photo by Judge Deana Seymour, Memphis.
COVID, the Greek Alphabet, and Settlements
By Chief Judge Kenneth M. Switzer, Nashville Reportedly, I’m of Greek heritage. I don’t speak Greek, and I don’t know the Greek alphabet. But if it has the same number of letters as the English alphabet, we’ve at least reached the fifteenth letter. (Does that mean when we get to Zeta, the pandemic must be … Continue reading COVID, the Greek Alphabet, and Settlements
Deadlines matter
By Judge Lisa Lowe, Knoxville If you’re in need of a New Year’s resolution, here’s a great one to work on: managing your time in 2022. Of course we see many lawyers who are already very proficient in this realm. These are the ones who call on day 59 after a dispute certification notice has … Continue reading Deadlines matter
Board Sets Oral Arguments in January
The Appeals Board will hear oral argument by videoconference in four cases on January 25, 2022. Two of the cases involve compensation orders awarding permanent total disability, while the others are a summary judgment and an expedited hearing order. In Braden v. Tomahawk Industries, Inc., the trial court found an injury compensable applying the direct … Continue reading Board Sets Oral Arguments in January
Holiday hours
We’ll be closed December 23, 24, 31, 2021, and January 3, 2022. But TNComp never takes a break; you may still file documents at any time. Happy holidays.
Second Verse, Same as the First
By Chief Judge Kenneth M. Switzer, Nashville We’ve tried this once before. “If at first you don’t succeed, try, try again” is a well-known phrase. I thought, where did that phrase originate? It’s amazing how a search of this phrase is attributed to different people: Robert the Bruce, king of Scotland in 1314 (picture Mel … Continue reading Second Verse, Same as the First
From the Bench 