By Judge Joshua Davis Baker, Nashville Today marks an important milestone in the fight against the Covid-19 pandemic in the United States, as vaccinations are now available to some. This is encouraging news; yet, we still have a long way to go before the world returns to “normal.” We’re all familiar with the physical health … Continue reading Take care of Yourselves and Others
Author: tncourtofwcclaims
“I Play One on TV”
By Judge Brian Addngton, Gray If you’re Gen X or older, you likely remember the Vicks Formula 44 cough syrup commercial’s famous line, “I’m not a doctor, but I play one on TV.” Judge Brian Addington The actor in that commercial was Peter Bergman, who played Dr. Cliff Warner on “All My Children,” an ABC … Continue reading “I Play One on TV”
Jackson Office Expands Settlement Approval Days
It's that time again: time for holiday cheer and settling cases before the New Year. To better serve you and your clients during this busy season, Judges Luttrell and Phillips of the Jackson office are expanding their settlement approval hearing days to any weekday in the month of December. To request a December approval hearing, … Continue reading Jackson Office Expands Settlement Approval Days
Board Modifies Rating to Reject Non-work-related Condition
By Jane Salem, staff attorney, Nashville A trial court can’t award permanent partial disability benefits for an impairment rating where part of that rating is attributable to a non-work-related condition. So held the Appeals Board last week, modifying the trial court’s order to reflect a lower rating. The case was argued last month. In Hart … Continue reading Board Modifies Rating to Reject Non-work-related Condition
Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board held that, under section 50-6-226(a)(1), an employer can't be liable for attorney’s fees based on the amount of medical expenses a court orders it to pay. In September 2016, Nicole Bowlin was injured in a motor vehicle accident while working for Servall. She was … Continue reading Employer Can’t be Ordered to pay Attorney’s Fees on Unpaid Medicals
Gray Hosts Girls Scouts
By Judge Brian Addington, Gray It was a pleasure to host Girl Scout Troop 320 at the Bureau's office in Gray on Nov. 13. Seven scouts attended along with one supportive brother and six parents. I gave them a tour of the Courtroom and the mediation offices, making sure to follow social-distancing guidelines. The topic … Continue reading Gray Hosts Girls Scouts
The History of the Judicial Code of Ethics
By Hon. David Langham, Deputy Chief Judge, Florida Office of Judges of Compensation Claims, Pensacola Blog administrator’s note: All judges of the Tennessee Court of Workers’ Compensation Claims are active members of the National Association of Workers’ Compensation Judiciary, and all have benefitted from attending the association’s educational programming at one time or another. This … Continue reading The History of the Judicial Code of Ethics
Appeals Board Releases Two Opinions from October Oral Arguments
By Jane Salem, staff attorney, Nashville Earlier this week, the Tennessee Workers’ Compensation Appeals Board affirmed a pair of trial court rulings about an employer’s right to a medical examination and the exclusion of expert testimony when an attorney didn’t comply with a scheduling deadline. The Board held oral argument in both cases last month. … Continue reading Appeals Board Releases Two Opinions from October Oral Arguments
Telephone Approvals to remain for the rest of the year
It's been over six months now since we've made the change to allow for all settlement approval hearings to occur by phone, for everyone's health and safety. Looking ahead, at least for the next two months, the altered procedure will remain in place. We'll revisit this for 2021 in mid-December. Please be careful. Percy Warner … Continue reading Telephone Approvals to remain for the rest of the year
Take note of Bureau closures
The Bureau will be closed the following dates: Wednesday, November 11; Thursday and Friday, November 26-27; Thursday and Friday, December 24-25; Thursday and Friday, December 31-January 1, 2021; Monday, January 18; and Monday, February 15. Also, no settlement approval hearings will take place on Thursday and Friday, January 28-29, due to a Judicial Conference. Photo … Continue reading Take note of Bureau closures
Board holds oral arguments in three cases
By Jane Salem, staff attorney, Nashville The Appeals Board held oral arguments yesterday by videoconference on the topics of an employee’s proper impairment rating, an employer’s right to a medical examination, and whether a court properly ruled that a party should be prohibited from introducing expert testimony at trial. First up was Hart v. ThyssenKrupp … Continue reading Board holds oral arguments in three cases
What’s New at the Appeals Board?
We’re glad you asked! First, on Monday, new rules became effective that govern the appeals process for both interlocutory appeals and compensation order appeals. They are available here. The rules didn't revise any deadlines or make other significant substantive changes, but they now incorporate the Board’s former Practices and Procedures into the administrative rules. Second, … Continue reading What’s New at the Appeals Board?
Bureau announces new resource for pro se litigants
By James Hicks, ombudsman attorney, Nashville Over the past three years (has it really been that long?), I have been honored to serve as an ombudsman attorney for the Bureau of Workers’ Compensation. My days are spent explaining legal concepts and court procedure to self-represented litigants. It is almost always the case that the people … Continue reading Bureau announces new resource for pro se litigants
Phone settlement approvals will continue through October
Thanks for your continuing cooperation with our revised settlement procedures due to the pandemic. Photo by Kim Weaver, Legal Assistant and devoted gardener, Knoxville.
Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board ruled on an issue of first impression that the date of injury in mental injury claims for jurisdictional purposes is the date of the identifiable work-related event or events resulting in a sudden or unusual stimulus. The ruling rejected an injured worker’s contention that … Continue reading Board Clarifies Date of Injury in Mental Injury Claim for Jurisdictional Purposes
October oral arguments announced
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments in four cases on Oct. 15, by phone or “other remote means” yet to be determined. Click here to see the docket. The arguments kick off at 9:00 a.m. Central Time with a case from west Tennessee, Diamond v. Kroger Co. The case required the … Continue reading October oral arguments announced
Injuries from fallen tree aren’t compensable
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board affirmed a trial court ruling from an expedited hearing that an employee’s injuries weren’t work-related, when those injuries were from a tree falling on him as he exited a portable toilet next to his job site. Brett Rosasco was painting a home exterior. He … Continue reading Injuries from fallen tree aren’t compensable
A Summer-y Blog Post on Summary Judgment
By Judge Dale Tipps, Murfreesboro This article will tackle a very “august” topic: tips for your next summary judgment motion. Summary judgment traces its roots back to England as a means of hastening litigation and potentially the disposition of cases, principally debtor-creditor actions. Its first codification occurred in 1855 when Parliament passed the Keating Act. … Continue reading A Summer-y Blog Post on Summary Judgment
Telephonic settlement approvals will continue through August
Thanks for your continued flexibility. Click here and here for more information on the process, which we previously conveyed. Be safe, everyone.
Announcing a New, Temporary Location for Chattanooga Trials
By Judge Audrey Headrick, Chattanooga With COVID-19 and the advent of social distancing, we’ve been looking for a better location for Chattanooga regional trials. If you’ve ever visited the Court of Workers’ Compensation Claims Chattanooga courtroom, you know it’s a bit “cozy.” Unfortunately, it’s too cozy for us to conduct trials during the pandemic and … Continue reading Announcing a New, Temporary Location for Chattanooga Trials
From the Bench 