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?
Author: tncourtofwcclaims
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
Happy Memorial Day. And Don’t Forget…
The State is closed on the following dates: Monday, May 26, for Memorial Day, and Thursday, June 19, for Juneteenth. In addition, there will be no settlements statewide on Wednesday, June 11, through Friday, June 13, due to the Bureau's Educational Conference. See you there instead. Also, settlements in Clarksville will take place as scheduled … Continue reading Happy Memorial Day. And Don’t Forget…
Tennessee Kids’ Chance Helps Families
By Judge Audrey A. Headrick, Chattanooga “Education is an ornament in prosperity and a refuge in adversity.” --Aristotle At the Tennessee Bureau of Workers’ Compensation, our mission is to protect employees and employers from the negative consequences associated with a work-related accident. We fulfill this mission in many ways, just one of which is our … Continue reading Tennessee Kids’ Chance Helps Families
Board Rules on Rebuttal Evidence, Panels
By Taylor Skees, staff attorney, Memphis Bureau rules require the disclosure of evidence before trial except for “rebuttal” evidence. But what exactly is “rebuttal” evidence? And can an employee waive a panel? The Appeals Board answered these questions recently in Allen v. MJ Resurrection. Facts Allen fell at work. He then signed a waiver declining … Continue reading Board Rules on Rebuttal Evidence, Panels
‘Respondent’ who is not an Employer May Not Owe Filing Fee
By Jane Salem, staff attorney, Nashville A respondent in a workers’ compensation claim may not be taxed with the filing fee at the conclusion of the case unless that respondent has admitted, stipulated, or acknowledged being the “employer,” or is adjudged by the court as the employer. So held the Appeals Board last week in … Continue reading ‘Respondent’ who is not an Employer May Not Owe Filing Fee
It’s Your Duty: Candor Toward the Court
By Judge Audrey Headrick, Chattannooga Is withholding information from a judge ever appropriate, or is it misleading? Merriam-Webster defines “candor” as “unreserved, honest, or sincere expression: forthrightness.” For lawyers, Rule 3.3 of the Tennessee Rules of Professional Conduct requires candor toward the court. Subsections (a)-(d) are the most relevant to the Court of Workers’ Compensation Claims: … Continue reading It’s Your Duty: Candor Toward the Court
Congratulations, Judge Addington
Judge Brian K. Addington was inducted as a Fellow of the College of Workers’ Compensation Lawyers on Saturday, April 5, at the Union League Club in Chicago. The College honors attorneys who possess the highest professional qualifications, ethical standards, character, integrity, professional expertise, and leadership. Chief Judge Kenneth M. Switzer said, “Judge Addington’s induction as … Continue reading Congratulations, Judge Addington
I’m a broken record
By Jane Salem, staff attorney, Nashville I love to listen to ‘70s music. I never get tired of some songs. “Lovely Day” by Bill Withers. “Your Song” by Elton John. “Beautiful” By Carole King. I grew up with this music. I’m a broken record in some ways. Remember 45s and cassettes, and the Columbia Music … Continue reading I’m a broken record
When an agreement isn’t a dispute
By Sarah Byrne, staff attorney, Nashville Recently, in Torres v. Allvan Corp., the Appeals Board affirmed a trial court’s decision not to approve a disputed settlement in an accepted claim, since the parties didn’t present sufficient information to convince the judge of a dispute as to “the amount of compensation due” or that the settlement … Continue reading When an agreement isn’t a dispute
From the Bench 