By Jane Salem, staff attorney, Nashville Within the past two weeks, the Appeals Board has made significant evidentiary rulings about the admissibility of Form C-32 and medical records. The opinions examined their admissibility at two different stages of the case, one at summary judgment and the other at an expedited hearing. The procedural posture makes … Continue reading Appeals Board Issues Key Evidence Opinions Regarding Medical Records
Author: tncourtofwcclaims
Judicial Reappointments Announced
Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, announced that she has reappointed four judges to the Court of Workers’ Compensation Claims. They are: Robert Durham, Cookeville; Audrey Headrick, Chattanooga; Amber Luttrell, Jackson; and Dale Tipps, Murfreesboro. “The judges on the Court of Workers’ Compensation play a pivotal role in providing parties with … Continue reading Judicial Reappointments Announced
Just a couple things…
First, we promised we'd check in regarding the continuation of telephone settlement approvals at the end of June. It's July now. As previously announced, we plan to begin in-person approvals across the state after Labor Day, but each office will develop its own hours and protocols. These will be posted in the future as soon … Continue reading Just a couple things…
Appeals Board to Hear Five Cases
The Tennessee Workers’ Compensation Appeals Board will hear oral argument in five cases a week from today, on June 24, via videoconference. First up at 9:00 a.m. Central Time will be Stephens v. Quality Private Care, dba Volunteer Staffing, Inc. The case raises several issues about the role of the Treatment Guidelines in determining medical … Continue reading Appeals Board to Hear Five Cases
Mark Your Calendars for Rulemaking Hearing
As promised in a previous blog post, please see this Notice of Rulemaking. The public hearing will be August 5, 2021, at 1:00 p.m. Central Time at the Bureau of Workers' Compensation, 220 French Landing Drive in Nashville. Written comments will also be accepted until close of business on August 19, 2021, and can be … Continue reading Mark Your Calendars for Rulemaking Hearing
Please Nominate a Deserving Candidate for Recognition
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
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
From the Bench 