By Judge Brian Addington, Gray In November 1982, the United States completed construction of the Vietnam Veterans Memorial in Washington, D.C. My Dad is a Vietnam veteran, and he was very interested in the construction of the memorial, as he had friends die in the war. Although quite controversial at first, the site has become … Continue reading More Than a Name on a Wall
Author: tncourtofwcclaims
The Radium Girls: A ‘compelling read’
By Judge Dale Tipps, Murfreesboro My reading list is pretty eclectic – recent authors include Thornton Wilder, Kazuo Ishituro, Chinua Achebe, and Jane Austen. Although I find workers’ compensation law interesting (which I suppose should be reassuring to those of you who appear in my court), I don’t go looking for work comp topics when … Continue reading The Radium Girls: A ‘compelling read’
Supreme Court adopts Appeals Board decision on permanent partial disability benefits
Yesterday, the Tennessee Supreme Court affirmed an award of permanent partial disability benefits in Batey v. Deliver This, Inc. The high court reviewed an opinion from the Tennessee Workers' Compensation Appeals Board holding that the trial court erred when it held that the employee's "pre-injury occupation" on the Physician Certification Form to mean the employee’s … Continue reading Supreme Court adopts Appeals Board decision on permanent partial disability benefits
Recapping the Supreme Court Panel Opinions 2018
By Jane Salem, staff attorney, Nashville I recently wrote a three-part series on the Appeals Board’s work last year, briefly summarizing dozens of appellate opinions. In contrast, in 2018, the Tennessee Supreme Court Special Workers’ Compensation Panel decided just eight post-Reform Act cases, along with many more “old law” opinions. It’s likely that the “new … Continue reading Recapping the Supreme Court Panel Opinions 2018
Still more Appeals Board Opinions from 2018
By Jane Salem, Staff Attorney, Nashville Hello again. In the last post, I promised a discussion of 2018’s significant evidence opinions from the Appeals Board, along with civil procedure cases, and, well, everything else. Starting with evidence, a pair of cases discussed the admissibility of the C-32 Standard Form Medical Report. In Watson v. Catlett … Continue reading Still more Appeals Board Opinions from 2018
Revisiting the Appeals Board 2018 Opinions
By Jane Salem, Staff Attorney, Nashville Welcome back to my recap of 2018 Appeals Board cases. In the last post, I highlighted some of the major opinions involving causation. In this edition, I’ll remind of the cases involving medical and disability benefits and defenses. Don’t forget to read the full-text of every case. I’ve given … Continue reading Revisiting the Appeals Board 2018 Opinions
Looking back at the Appeals Board’s 2018 Opinions
By Jane Salem, Staff Attorney, Nashville Happy New Year! Following tradition, it’s an appropriate time to look back at last year’s Appeals Board opinions in a series of blog posts. This post will recap the opinions on causation. The next will look at medical, temporary and permanent disability benefits, and defenses. After that, we’ll focus … Continue reading Looking back at the Appeals Board’s 2018 Opinions
High court considers ‘meaningful return to work’
By Sarah Byrne, Staff Attorney, Nashville The Tennessee Supreme Court held oral arguments Oct. 4 in Christopher Batey v. Deliver This, Inc. Issues included the admissibility of the Physician Certification Form for “extraordinary relief” under the escape clause in Tenn. Code Ann. section 50-6-242(a)(2) and the definition of “extraordinary.” But the primary issue was whether … Continue reading High court considers ‘meaningful return to work’
Life is a highway
By Judge Brian Addington, Gray I can still remember when the first Cars movie came out. I was excited because I thought my son, who was three at the time, would love it. Sure enough he did, and eventually he decorated his room with Cars memorabilia. His love of the Cars movies led to a love … Continue reading Life is a highway
Taking the next step after benefits end
By Brian Holmes, Director, Mediation and Ombudsman Services of Tennessee, Nashville The Tennessee Bureau of Workers’ Compensation recently launched the Next Step Program. This new program assists injured workers who are unable to return to their pre-injury employment. Many receive their workers’ compensation benefits and are unsure how they will support their families in the future. … Continue reading Taking the next step after benefits end
Five Things in Five Minutes
By Penny Shrum, Court Clerk, Nashville As the holidays approach, I am feeling crunched for time! This made me think of what could be done in five minutes to make my life easier. While a nap would make me happier, it certainly would not be productive. I have done three of the five items listed … Continue reading Five Things in Five Minutes
Better Get it in Writing: A Few Takeaways
By Jane Salem, Staff Attorney, Nashville Judge Robert Durham’s most recent blog post generated comments from court reporters, which deserve some follow-up. So here goes. [Official Disclaimer and Apology: These are the musings of a staff attorney, rather than official pronouncements of law from the Court. OK? Good. Also, unlike Judge Durham, I’m incapable of … Continue reading Better Get it in Writing: A Few Takeaways
Better Get it in Writing
By Judge Robert Durham, Cookeville Considering an appeal? I have an important tip for you: give the Appeals Board something to read. Trying to win on appeal without a transcript of the evidence is regrettably like trying to beat Alabama in college football—theoretically, it can be done, but don’t hold your breath. In fact, I … Continue reading Better Get it in Writing
Slip sliding away
By Judge Brian Addington, Gray I was sitting in our car in Nashville years ago when I heard a catchy tune from Paul Simon, Slip Sliding Away. I later learned the Oak Ridge Boys backed him up. I really liked that song, but I was used to hearing the Oak Ridge Boys sing gospel. I … Continue reading Slip sliding away
Panel probes undocumented workers’ eligibility for increased benefits
By Jane Salem, staff attorney, Nashville Can undocumented injured workers collect increased permanent partial disability benefits in Tennessee under section 50-6-207(3)(B)? A Special Workers’ Compensation Panel of the Tennessee Supreme Court considered that question at oral arguments on November 19. Employee Salvador Sandoval asked the Panel to strike as unconstitutional the provision within the statute … Continue reading Panel probes undocumented workers’ eligibility for increased benefits
You’re Invited!
The Clerk of the Tennessee Court of Workers’ Compensation Claims, Penny Shrum, is holding training on TNComp at three locations in December. There may be a surprise guest. The goal is to train lawyers, paralegals and legal assistants on how to upload documents to TNComp. We will also discuss filings with the Court. Please mark … Continue reading You’re Invited!
Honoring law enforcement
By Judge Brian Addington, Gray I recently came across the National Law Enforcement Officers Memorial. This happened while researching coins; I used to collect them and was wondering about the price of a coin I previously owned. While doing so, I discovered that the U.S. Mint issued a National Law Enforcement Officers Memorial Silver Dollar … Continue reading Honoring law enforcement
Mediation and Ombudsman Services of Tennessee welcomes new staff
By Brian Holmes, Nashville The Tennessee Bureau of Workers’ Compensation continues our tradition of hiring high-quality talent to the mediation program. We’re pleased to announce that Sam Keen, Derrick Shorter and George Maifair recently joined the Bureau as workers’ compensation mediators. Sam joined the Bureau last month. He previously worked as a staff attorney with … Continue reading Mediation and Ombudsman Services of Tennessee welcomes new staff
See you next week
The public hearing on the proposed revisions to the Mediation and Hearing Procedures for the Court of Workers’ Compensation Claims is Tuesday, October 30, at 10:00 a.m. Central Time at the Bureau of Workers' Compensation in the Tennessee Room, 220 French Landing Drive in Nashville. This is your opportunity to voice your opinion. Members of … Continue reading See you next week
It’s not that funny
By Judge Brian Addington, Gray I like having fun. Through the years, I’ve had some great times with friends and family. I won’t tell who, but another judge on the Court of Worker’s Compensation Claims and I almost got thrown out of the University of Tennessee Law Library because our study group was laughing so … Continue reading It’s not that funny
From the Bench 