The Tennessee Bureau of Workers’ Compensation is accepting nominations for the Third Annual Sue Ann Head Award for Excellence in Workers’ Compensation. Nominees must have been involved in the Tennessee workers’ compensation system for a minimum of five years in one of the following categories: employer or employer’s representative, employee representative, service provider, claims professional, … Continue reading Please Nominate a Deserving Candidate for Recognition
Author: tncourtofwcclaims
In Re Butter
By Judge Brian Addington, Gray I’ve met people who were astounded when I told them I’m a judge. Just the other day, my wife and I were eating lunch with a few other couples, including the daughter of a famous professional football player. She actually did a doubletake and said “No” twice when I told … Continue reading In Re Butter
Appeals Board Instructs on Parking Lot Cases
By Jane Salem, Staff Attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s denial of summary judgment. The ruling focused on whether the movant met its burden of production. But also, the Board’s opinion revisited a significant Supreme Court ruling about injuries in parking lots, concluding that the case remains … Continue reading Appeals Board Instructs on Parking Lot Cases
Court Holds our own “Big Ears Festival”
By Judge Lisa A. Lowe, Knoxville Judge Lisa Lowe The Big Ears Festival is a concert held in Knoxville each spring that, according to The New Yorker, “combines elements of jazz, rock, folk, classic, and electronica.” The New York Times called it “one of the world’s greatest music bashes,” and the Wall Street Journal said … Continue reading Court Holds our own “Big Ears Festival”
Understanding Memorial Day
By Judge Audrey Headrick, Chattanooga As a military wife, I have often thought about the misunderstandings that many people have regarding Memorial Day and Veterans Day. Memorial Day, previously known as Decoration Day, occurs on the last Monday of May, and Veterans Day is on November 11. Surprisingly, many people don’t understand the significant difference … Continue reading Understanding Memorial Day
Court Adopts New COVID-19 Order
By Chief Judge Kenneth M. Switzer, Nashville In May of 2020, the Court issued a COVID-19 order that set standards for attending in-person hearings and trials. Those standards echoed the then-known risks of exposure to COVID-19 being identified by the medical community. Since that time, the exposure risks have been more clearly defined. For instance, … Continue reading Court Adopts New COVID-19 Order
Appeals Board Offers Summary Judgment Guidance
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board has issued two opinions on summary judgment that should be required reading for anyone moving for or opposing this type of motion. In both cases, the Board examined the moving parties’ pleadings closely and concluded that grants of summary judgment were improper because … Continue reading Appeals Board Offers Summary Judgment Guidance
The First Listening Session is TODAY
If you RSVP'd for TODAY's session (not May 14), you should have received your personal invite this morning. If you didn't receive an email from Court Clerk Penny Shrum, or didn't RSVP but would still like to attend, please contact her at Penny.Patterson-Shrum@tn.gov. The discussion starts promptly at 1:00 Central Time this afternoon. Photo by … Continue reading The First Listening Session is TODAY
Seasons Change, and So Do We
Sarah Byrne By Sarah Byrne, Staff Attorney, and Penny Shrum, Clerk of Court, Nashville A time to plant, a time to reap Any denizen of Tennessee knows our weather is almost as mercurial and unpredictable as 1960s America. It’s hard to tell what season it is: summer one day, and winter the next. Typically, Tennessee … Continue reading Seasons Change, and So Do We
Bureau Seeks Nominations for Sue Ann Head Award for Excellence in Workers’ Compensation
The Tennessee Bureau of Workers’ Compensation is accepting nominations for the Third Annual Sue Ann Head Award for Excellence in Workers’ Compensation. Nominees must have been involved in the Tennessee workers’ compensation system for a minimum of five years in one of the following categories: employer or employer’s representative, employee representative, service provider, claims professional, … Continue reading Bureau Seeks Nominations for Sue Ann Head Award for Excellence in Workers’ Compensation
Open for Comments and Questions
By Chief Judge Kenneth M. Switzer, Nashville In previous years, I’ve made it a practice to travel across Tennessee to gather comments and answer questions from the public and practicing bar about the state of the Court of Workers’ Compensation Claims. These meetings have been referred to as “Listening Tours” and “Coffee with the Court.” … Continue reading Open for Comments and Questions
Lawmakers Reinstate Attorney Fee Provision (And Don’t Forget the Affidavit)
By Judge Joshua Davis Baker, Nashville You might recall that last year, the pandemic hit about the time the legislature was taking up the issue of the “sunset” status of the attorney’s fee provision in Tennessee Code Annotated section 50-6-226(d)(1)(B). This applies in cases when an employer “wrongfully denies a claim or wrongfully fails to … Continue reading Lawmakers Reinstate Attorney Fee Provision (And Don’t Forget the Affidavit)
Don’t Throw Your Paralegal Under the Bus
By Jane Salem, staff attorney In March 2020, my colleague Sarah Byrne and I suddenly were tasked with scheduling telephone settlement approval hearings in the Nashville office. The new responsibility has had an unforeseen but pleasant consequence: we’ve gotten to know some of your staff members better. A very small number was a little prickly … Continue reading Don’t Throw Your Paralegal Under the Bus
Panel Adopts Appeals Board’s Opinion in TTD case
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Supreme Court issued an order declining to review a case where a Special Workers’ Compensation Appeals Panel had adopted an Appeals Board opinion in whole. The high court’s per curiam order means the Panel decision is final in Boutros v. Amazon.com DEDC, LLC. In the … Continue reading Panel Adopts Appeals Board’s Opinion in TTD case
Telephone Settlement Approvals Extended Through June
We are cautiously optimistic about returning to in-person approvals. But for now we must maintain hearing settlements by phone for obvious reasons. We’ll check back with you sometime after the solstice. Be patient and above all safe, friends. Thanks. Photo by Szabu00f3 Viktor on Pexels.com
Lessons Learned from the Past Year
By the Tennessee Court of Workers' Compensation Claims Who knew we’d be at this for more than a year in March 2020, when we were all sent home? No one. The pandemic has been the most unusual and solemn life event for us all. Now that there’s an end in sight, with many of us … Continue reading Lessons Learned from the Past Year
Seeking Your Feedback for Judicial Reappointments
By Abbie Hudgens, Administrator, Bureau of Workers’ Compensation Seven years have flown by since the creation of the Court of Workers’ Compensation Claims. In 2014, eight judges were appointed after a rigorous application and interview process. In that first year, they handled Requests for Assistance for cases with dates of injury before July 1, 2014, … Continue reading Seeking Your Feedback for Judicial Reappointments
Can You Hear Me Now?
By Judge Lisa Lowe, Knoxville Judge Lisa Lowe Epictetus, a Greek philosopher, said we have two ears and one mouth so we should listen twice as much as we talk. Stephen Covey said most people do not listen with the intent to understand—most people listen with the intent to reply. We at the Court of … Continue reading Can You Hear Me Now?
Who’s Who: Court Clerk Edition
By Olivia Yearwood, Clerk of Court, Tennessee Workers’ Compensation Appeals Board, Nashville If you’re navigating the court process through the Bureau of Workers’ Compensation, you're most likely interacting with Penny Shrum, clerk for the Court of Workers’ Compensation Claims, or me, Olivia Yearwood, clerk for the Workers’ Compensation Appeals Board. The rules governing the Court … Continue reading Who’s Who: Court Clerk Edition
Protecting Confidential Billing Info–A Road Less Traveled
By Judge Thomas Wyatt, Chattanooga Judge Thomas Wyatt In the past six and a half years, you’d think our twelve judges in seven locations would’ve addressed every conceivable procedural issue. NOT SO! To the contrary, we’re constantly amazed at how many new issues arise out of the clear blue sky. In fact, a week does … Continue reading Protecting Confidential Billing Info–A Road Less Traveled
From the Bench 