By Jane Salem, staff attorney, Nashville Post-judgment, when an authorized doctor recommends surgery and the employee wants a second opinion, the second opinion is “treatment” that an employer must provide. If they don’t, they’ll be ordered to pay the employee’s attorney fees in securing an order to that effect. So held the Appeals Board recently … Continue reading Board Orders Second Opinion, Fees in Post-Judgment Case
Author: tncourtofwcclaims
Be careful with Artificial Intelligence
Perhaps you noticed an item in TBA Today on Dec. 16 about the Tennessee Supreme Court disciplining two Alabama attorneys for their use of artificial intelligence. William Jefferson Cranford and Matthew Brett Reeves violated Rules of Professional Conduct 1.3, 3.2 and 8.4 when they filed motions including fabricated citations generated by AI. The Order is … Continue reading Be careful with Artificial Intelligence
Announcing December Settlement Dates
By Chief Judge Kenneth M. Switzer, Nashville As we approach the Christmas settlement rush, it’s time to set out the various offices' holiday schedules for settlement approvals. The judges take time off during this time of year, as do most of you. So, here are the dates for settlements during the week before and after … Continue reading Announcing December Settlement Dates
2026 Clarksville Dates Announced (And Important Year-End Reminders)
By Sarah Donley, administrative assistant, Nashville As we wrap up another productive year and head into the holiday season, we’re already looking ahead to 2026. We’re pleased to announce that our 2026 Clarksville hearing dates have been finalized and are below: Tuesday, January 13th Tuesday, February 10th Tuesday, March 10th Tuesday, April 14th Tuesday, May … Continue reading 2026 Clarksville Dates Announced (And Important Year-End Reminders)
Great News: TNComp is Back!
The Court Clerk and her staff are updating the system with filings received since Tuesday afternoon, and soon everything should be up to date. During the outage, they fielded many questions from anxious attorneys and parties alike, with professionalism and kindness. (A few judges and staff attorneys were hand-wringing, too.) Thanks also to the IT … Continue reading Great News: TNComp is Back!
TNComp is Down
A message from the Court Clerk: Please be advised that the TNComp system is currently down. IT is aware of the issue and is actively working to resolve it as quickly as possible. We are unable to process filings at this time. We appreciate your patience and understanding during this time. You may send any filings … Continue reading TNComp is Down
The Bureau is closed November 11–Clarksville settlements on November 4
Veterans Day is rapidly approaching. The Bureau of Workers' Compensation will be closed on Tuesday, November 11. This means we've moved up the monthly Clarksville settlement day to November 4, next week. See you there.
Board Hears Arguments about Second Opinions, Fees
By Jane Salem, staff attorney, Nashville It’s not about the money. Or is it? Last Thursday, the Appeals Board held virtual oral arguments where the dollars and cents of the issues came up more than once. Specifically, the Board probed an employee’s right to a second opinion after an authorized doctor recommends surgery. Does the … Continue reading Board Hears Arguments about Second Opinions, Fees
Have You Registered for the Court CLE Programs?
If not, why not? The first session is just one week away. Next Wednesday, Deputy Chief Judge David Langham of the Compensation Claims court in Pensacola, Florida; Attorney Pam Langham, a sole/general practitioner in Gulf Breeze, Florida; and Chief Judge Kenneth M. Switzer, Nashville, will team up to discuss “Is Your Intelligence Artificial?” Among other … Continue reading Have You Registered for the Court CLE Programs?
Board Issues Instructive Discovery Opinions
By Jane Salem, staff attorney, Nashville The Appeals Board recently affirmed two trial court decisions to limit what’s discoverable regarding family and financial information in a workers’ compensation lawsuit. The opinions restate longstanding principles: judges have discretion in making calls about discovery, and it’s a fact-intensive inquiry. So it’s hard to give absolutes. But the … Continue reading Board Issues Instructive Discovery Opinions
Appeals Board Announces Upcoming Virtual Arguments
The Appeals Board will hear three cases via TEAMS on October 23, so observing the proceedings could not be any easier. All three cases involve compensation orders. At 9:00 a.m. Eastern/8:00 a.m. Central Time, counsel will argue Vanderford v. E.S. Dockery Co., a heart-attack death case where compensability (medical causation) is disputed, as well as … Continue reading Appeals Board Announces Upcoming Virtual Arguments
Court’s Continuing Legal Education Series Returns this Fall
Last year, we offered four one-hour continuing legal education programs at no cost. The feedback was extremely positive, so we’re doing it again this year. The programs are: October 15, Is your Intelligence Artificial? Presenters: Deputy Chief Judge David Langham, Compensation Claims, Pensacola, Florida/Chief Judge Kenneth M. Switzer October 22, Objection, Your Honor! Presenters: Judge … Continue reading Court’s Continuing Legal Education Series Returns this Fall
Settling Cases with Medicare Set-Aside Agreements
Blog administrator's note: This post was originally published on July 18, 2017. We thought it was worth another go, given the frequent questions from practitioners about the topic. So please, consider refreshing your knowledge. It might just prevent a trip to the courtroom where your settlement is not immediately approved. By Judges Joshua Davis Baker, … Continue reading Settling Cases with Medicare Set-Aside Agreements
Causation and the Preponderance Standard in Heart Attack Death Cases
By Kaitlynn Lehman, 3L, Belmont University College of Law I spent this summer interning with the Bureau of Workers’ Compensation. Last year I recapped the Appeals Board’s oral arguments at the annual education conference. This year I’m back, with a closer look at one of the Board’s more complex cases: Taylor v. Dale’s Recycling. The … Continue reading Causation and the Preponderance Standard in Heart Attack Death Cases
Oral Arguments in Nashville Next Week
On August 1, the Workers’ Compensation Appeals Board will hear in-person arguments in three cases at the Supreme Court Building in Nashville. All three are interlocutory orders granting benefits. First up is Chad Graves v. Southall Adventures, where both parties have appealed. Southall takes issue with a trial court order where medical causation was disputed, … Continue reading Oral Arguments in Nashville Next Week
Things that Do and Don’t Help Attorneys
By Judge Thomas Wyatt, Chattanooga Judge Thomas Wyatt It seems impossible that the Court of Workers’ Compensation Claims just hit its eleventh anniversary. I’ve had the privilege of witnessing its development from the very beginning. These past 11 years have given me the opportunity to observe practices of the attorneys in our Court. I write … Continue reading Things that Do and Don’t Help Attorneys
Happy Fourth of July
By Chief Judge Kenneth M. Switzer, Nashville [Blog administrator's note: We're republishing this from July 2024. Enjoy.] While riding my bike early this morning, for some reason I began to reflect on the 4th of July--probably because it’s tomorrow. State offices will be closed. Don’t forget to omit the holiday in counting timeframes/deadlines under our … Continue reading Happy Fourth of July
The ABCs of the CPP
By Judge Robert Durham, Cookeville The Bureau of Workers’ Compensation, like any organization, is a sum of its parts. You’re probably familiar with many of its programs: the Court, MOST, and Utilization Review. However, some are a bit more under the radar. One you may not know about, although they’re certainly working hard to change … Continue reading The ABCs of the CPP
Statutory Changes Take Effect July 1
By Judge Allen Phillips, Jackson Remarkably, July 1, 2025, will be here before we know it. Seems like the holidays and winter were just here. But, just as time marches on, so does the law, and as of July 1, some changes to the Workers’ Compensation Law will take effect. Judge Allen Phillips Notice The … Continue reading Statutory Changes Take Effect July 1
Oral arguments in heart attack case set during conference
The Appeals Board announced last week that it will hear in-person oral arguments in Taylor v. Dale’s Recycling on Friday, June 13, at the Bureau’s Educational Conference in Murfreesboro. In the case, Darrell Taylor was pulling a trailer of scrap metal for Dale’s on a highway on a hot summer day, when a local sheriff’s … Continue reading Oral arguments in heart attack case set during conference
From the Bench 