By Judge Dale Tipps, Murfreesboro Telehealth has officially arrived, with the adoption of new “Telehealth for Workers’ Compensation” rules. The rules may be found here. “Telehealth” means “the distribution of health-related services and information via electronic information and telecommunication technologies.” Telehealth, a/k/a telemedicine, has been around for a while, but its acceptance and use increased … Continue reading Bureau Adopts new Teleheath Rules and Choice of Physicians Form
Author: tncourtofwcclaims
We’ll see some of you next week
Next week, the Bureau of Workers' Compensation will host the 2021 Educational Conference in Murfreesboro. You may attend in-person November 1-3 or on demand starting November 15 through December 3. This year's theme is "Be the Change." It's not too late to register. Next Tuesday will see the premiere of the Court of Workers' Compensation … Continue reading We’ll see some of you next week
Board clarifies ‘incapacity for work’ in occupational disease cases
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board released an opinion clarifying that an employee may file a petition for workers’ compensation medical benefits for an alleged occupational disease even if that worker has remained on the job full-time since the alleged date of injury. The opinion also reminds of key differences … Continue reading Board clarifies ‘incapacity for work’ in occupational disease cases
Hello, Is it Me You’re Looking For?
By Judge Brian Addington, Gray No, I’m not Lionel Richie. Just your local workers’ compensation judge. I used to see many of you often, when we had settlements in person, but we’ve had telephone settlements for over a year now. Which leads to me wonder why we still have problems connecting on the phone. Here … Continue reading Hello, Is it Me You’re Looking For?
Medical case manager’s notes are discoverable
By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board affirmed a trial court order that a nurse case manager’s notes be provided to an injured worker, rejecting the employer’s arguments that the notes are protected by the common interest doctrine, attorney-client privilege, or the work product doctrine. The opinion also clarified the … Continue reading Medical case manager’s notes are discoverable
Anything Can Happen
By Judge Brian Addington, Gray I’ve always liked golf, although I hardly ever play. When I became an attorney, I really tried to get into golf, thinking it would be a thing that an attorney would do with friends on a Friday afternoon. But I was wrong, at least for me. My grandparents on my … Continue reading Anything Can Happen
Attorneys Clash over Nurse Case Managers, occupational injuries
By Jane Salem staff, attorney, Nashville Is a nurse case manager the employer’s “eyes and ears,” so that discussions between the nurse case manager and the employer’s attorney are privileged? Is summary judgment appropriate in an occupational disease claim when the injured worker hasn’t missed work and has no restrictions? The Appeals Board will answer … Continue reading Attorneys Clash over Nurse Case Managers, occupational injuries
MURFREESBORO COURT TEMPORARILY RELOCATES
The Murfreesboro court (and offices) will be closed for renovations beginning in October. We anticipate the process will take about four months. During this time, all in-person hearings in Judge Tipps’ court will take place at the Rutherford County Courthouse, located at 116 West Lytle Street, Murfreesboro. Parties with cases pending will be notified in … Continue reading MURFREESBORO COURT TEMPORARILY RELOCATES
New Forms for Death Claims and Hearing Requests
By Judge Pamela B. Johnson, Knoxville Workplace accidents have consequences, which might range from a minor injury, to a catastrophic injury, or even death. In the first eight months of 2021, thirty-six employees have died in the workplace. When an employee’s death arises out of the employment, the claimants are entitled to varying death benefits … Continue reading New Forms for Death Claims and Hearing Requests
I’m Moving
By Judge Robert Durham, Cookeville I love old courthouses. Especially, old small-town courthouses. Before I began working for the Bureau, I was privileged to practice all over the state, and I always got a thrill walking into one of those grand old buildings. I loved the musty smell of books and files and the hushed, … Continue reading I’m Moving
Appeals Board to Hold Oral Arguments Later This Month
The Appeals Board will take up issues of when an occupational disease claim is ripe and the extent of attorney-client privilege at its next set of oral arguments. The arguments, to be conducted by videoconference, will take place on September 28. They will kick off at 9:00 a.m. Central Time with Cody v. G.UB.MK Constructors. … Continue reading Appeals Board to Hold Oral Arguments Later This Month
Board Offers Guidance on Panels
By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board affirmed a trial court order that an employer must provide a panel of physicians, in a case presenting unusual medical proof as its defense. In Hawes v. McLane Company, Inc., the employee alleged a back injury. When he reported it, he participated in a “triage … Continue reading Board Offers Guidance on Panels
Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
By Jane Salem, staff attorney, Nashville On Friday, the Appeals Board released an opinion affirming a trial Court decision that a proposed treatment is reasonable and necessary when the treating physicians, who examined the injured worker, recommended it. The employer’s reliance on a utilization review opinion saying the employee was a “suboptimal candidate” for the … Continue reading Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
Surprised by Hope
By Chief Judge Kenneth M. Switzer, Nashville “Surprised by Hope” is a book by well-known theologian, Tom Wright. An interesting read if you’re so inclined. I, too, am “surprised by hope"--the hope that someday soon we can get back to the normality of in-person settlements. That normality seems to be ever-moving forward, as the virus … Continue reading Surprised by Hope
A Thank-You to the Court
By Delaney Williams, intern, Gray Legal internships are the single most intimidating aspect of law school, in my opinion. They are presented in the media as these cutthroat and future-deciding experiences that will make or break your career. You barely make it a month into your first year before you're being instructed on how to … Continue reading A Thank-You to the Court
MOST Unveils New Process for Possible Rule and Law Violations
By Brian Holmes, Director, Mediation and Ombudsman Services of Tennessee Being a workers’ compensation mediator is an extremely rewarding job. Mediators help employers, employees, and insurers resolve disputes that impact lives, businesses and careers. Mediators also confront a number of challenges. Of them, the most difficult might be balancing statutory roles while building cooperative, trusting … Continue reading MOST Unveils New Process for Possible Rule and Law Violations
Bureau Launches Diversity Council
Can You Relate? I am a college graduate and was recently hired by a nationally known company. I find that my co-workers are polite but distant. I am trying my best to become a member of the team, but I feel as though my ideas are being minimalized or just shot down. I walk in … Continue reading Bureau Launches Diversity Council
Workers’ Comp and Infectious Diseases
By Delaney Williams, Intern, Gray I came into law school from a rather non-traditional background; I have a bachelor’s degree in microbiology and a master’s in epidemiology, and I am a self-proclaimed infectious disease nerd. I could give a fun fact for just about any infectious disease you can name, and my friends and family … Continue reading Workers’ Comp and Infectious Diseases
UR and the ODG–Procedure and Presumptions
By Judge Thomas Wyatt, Chattanooga With apologies to Jerry Seinfeld, what’s the deal with acronyms? I mean, are we so busy that we can’t say we live in the United States? Do we really save time by saying we live in the U.S. of A? And it can be confusing. If you are a college … Continue reading UR and the ODG–Procedure and Presumptions
Bureau Announces Return-to-Work Learning Opportunity
The Tennessee Bureau of Workers’ Compensation will offer a free online training program beginning later this month to help employers develop or enhance the skills and knowledge to coordinate an employee’s return to employment after a work-related injury. The training is part of the Bureau’s newly developed Returning Employees to Work And Reducing Disabilities (REWARD) … Continue reading Bureau Announces Return-to-Work Learning Opportunity
From the Bench 