By Judge Pamela B. Johnson, Knoxville Periodically, the legislature tweaks the statutes related to the Workers’ Compensation Law. This legislative session was no exception. Full-text of the amendments is here. Three noteworthy changes were made. The first two added to the calculation of deadlines. The last allowed a previous change to “sunset.” These changes are … Continue reading Take Note of Recent Amendments to the Statute
Author: tncourtofwcclaims
Bureau Announces Virtual Educational Conference
A while back, we announced with great disappointment that our annual educational conference was canceled. But now we have fantastic news: We've discovered a way to present a great conference without the worries of bringing 600-plus attendees together. We'll be teaming with Select Medical to host a virtual conference. Save the dates--October 24-30--although it’s not … Continue reading Bureau Announces Virtual Educational Conference
A Few Thoughts on Non-Dispositive Motions
By Judge Pamela B. Johnson, Knoxville A few years ago, due to a significant increase in motion practice in the Court of Workers’ Compensation Claims, we established rules for dispositive and non-dispositive motions to give practitioners some parameters. The rule’s latest iteration is Tennessee Compilation Rules and Regulations 0800-02-21-.18 (August, 2019), and it’s available here—just … Continue reading A Few Thoughts on Non-Dispositive Motions
No settlement approvals statewide on July 3, 16 and 17
We'll be closed on Friday for the July Fourth holiday. The Court holds its semi-annual Judicial Meeting on July 16 and 17, and no one will be available to approve settlements. We wish you a safe and happy holiday.
Bureau Announces Judge Reappointments
Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, announced today that she has reappointed seven judges to the Court of Workers’ Compensation Claims. They are: Kenneth Switzer, Chief Judge, Nashville Brian Addington, Gray Pamela Johnson, Knoxville Lisa Lowe, Knoxville Thomas Wyatt, Chattanooga Allen Phillips, Jackson Deana Seymour, Memphis. “One of the most significant … Continue reading Bureau Announces Judge Reappointments
Board Releases Opinion Allowing MIRR Evaluation to Proceed
By Jane Salem, staff attorney, Nashville When a party requests an evaluation from the Bureau’s Medical Impairment Rating Registry, the opposing party can’t object on the basis that the party manufactured a dispute over the rating by hiring an expert to perform a records review. The Appeals Board announced this legal principle yesterday in Gray … Continue reading Board Releases Opinion Allowing MIRR Evaluation to Proceed
Telephonic settlement approvals to continue through July
While states and cities commence reopening at various paces, we have determined that we will continue conducting settlement approvals by telephone through July. By most accounts, the new, temporary process is working well and keeping everyone safe at the same time. We will reevaluate this decision in the coming weeks and let you know what … Continue reading Telephonic settlement approvals to continue through July
Workers’ Comp in the Bluegrass State
By Judge Robert V. Durham, Cookeville Back when the world was normal, I traveled to Kentucky to observe how its court conducted workers’ compensation hearings. While anyone who practices workers’ comp in Tennessee would have little difficulty getting up to speed on Kentucky law, they’d encounter several procedural differences that I found very interesting. To … Continue reading Workers’ Comp in the Bluegrass State
Board Reverses Causation Decision in Complex Occupational Disease Case
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board reversed a trial court determination finding medical causation in a case where the employee alleged liver, kidney and cardiac conditions as occupational diseases. According to the Board, the lower court should’ve accepted the employer’s experts’ opinions because they were better qualified and didn’t rely … Continue reading Board Reverses Causation Decision in Complex Occupational Disease Case
Guidance as in-person hearings resume
By Chief Judge Kenneth Switzer, Nashville “When you have exhausted all possibilities, remember this: You haven’t.” --Thomas Edison Right now, we’re all … Continue reading Guidance as in-person hearings resume
Lack of Subject Matter Jurisdiction Precludes an Election of Remedies
By Jane Salem, staff attorney, Nashville The Supreme Court Special Workers’ Compensation Appeals Panel revived a case earlier this week, holding that an injured worker didn’t elect to pursue his claim in Georgia when that state’s tribunal found he didn’t have subject matter jurisdiction. The ruling reinstates the decision of Tennessee Court of Workers’ Compensation … Continue reading Lack of Subject Matter Jurisdiction Precludes an Election of Remedies
Remembering Those Who Died at Work
By Judge Brian Addington, Gray Wow, April 28th came and passed, and nothing really seemed to be going on because of the COVID-19 mess we are in right now. But, did you know that April 28th is actually a day of remembrance? In the United States, it is called Workers’ Memorial Day. In Canada, it’s … Continue reading Remembering Those Who Died at Work
Surveys delayed but on the way
In a previous blog post, we announced that electronic surveys about our judges would be sent to every attorney and self-represented litigant within the past year who tried or settled a case in the Court of Workers’ Compensation Claims where a dispute certification notice issued. We also said to watch your inboxes because they would … Continue reading Surveys delayed but on the way
Opinion affirms alleged mental injury
By Jane Salem, staff attorney, Nashville On Tuesday, the Appeals Board released the last opinion from the cases at the March 24 oral arguments reviewing expedited hearing orders. The opinion, Mollica v. EHHI Holdings, reiterates the importance of obtaining medical proof when causation is disputed. Facts Gena Mollica hurt her back in 2017 working as … Continue reading Opinion affirms alleged mental injury
Bureau Postpones/Cancels Conference
Unfortunately, the Bureau must postpone and possibly cancel our Workers’ Compensation Educational Conference that was scheduled for June 10-12 in Murfreesboro. The pandemic and associated Stay-at-Home/Work-at-Home guidance from the Governor’s office and the CDC will not allow us to go forward with the original dates. We’re currently polling our constituents to gauge their desire and … Continue reading Bureau Postpones/Cancels Conference
The Court of Workers’ Compensation Claims and Settlement Approvals–Optimistic but Cautious
By Chief Judge Kenneth M. Switzer, Nashville We are now completing our fifth week of all telephonic settlement approvals. As a previous post stated, the hearings are going very well. The Governor has now relaxed the stay-at-home directive. Attempts are being made to restart businesses and return to “normal” while keeping some common-sense restrictions in … Continue reading The Court of Workers’ Compensation Claims and Settlement Approvals–Optimistic but Cautious
Appeals Board reaffirms Direct and Natural Consequence Rule
By Jane Salem, staff attorney, Nashville The Appeals Board released two opinions last Friday, deciding cases they heard at oral argument on March 24. In the first opinion, Hudgins v. Global Personnel Solutions, Natacha Hudgins injured her knee in 2016 while working at a battery manufacturing plant. Global, a temporary employment agency, accepted the claim … Continue reading Appeals Board reaffirms Direct and Natural Consequence Rule
Updates from the Trial Court and Appeals Board
By Chief Judge Kenneth M. Switzer, Nashville “Workers’ compensation is a very important field of the law, if not the most important. It touches more lives than any other field of the law. It involves the payments of huge sums of money. The welfare of human beings, the success of businesses, and the pocketbooks of … Continue reading Updates from the Trial Court and Appeals Board
Deadline extended for nominations for Sue Ann Head Award
The Tennessee Bureau of Workers’ Compensation has extended the deadline for nominations for the Second Annual Sue Ann Head Award for Excellence in Workers’ Compensation. Nominations will now be accepted until Friday, May 29, 2020. To learn more about the award, click here to watch a video about last year's winner. Nomination forms are available here. Questions … Continue reading Deadline extended for nominations for Sue Ann Head Award
Board Releases Opinion on Panels, Medical Causation
By Jane Salem, staff attorney, Nashville The Appeals Board released another opinion from its March 24 oral arguments last week. Barnes v. Jack Cooper Transport, a review of an expedited hearing order, offers guidance on improper panels and medical causation. William Barnes, a truck driver, reported to Jack Cooper Transport that his left knee gave … Continue reading Board Releases Opinion on Panels, Medical Causation
From the Bench 