By Judge Brian Addington, Gray Well, we’re in summer now, and what time is it? Baseball time. By the way, I’m a Braves fan; isn’t everybody? There’s just something about baseball as the perfect way to get folks together on a hot summer evening. Speaking of baseball, playing it in college remains one of my … Continue reading Put Me in, Coach–I’m ready to play (Oh, Wait, I Can’t)
Author: tncourtofwcclaims
See You In Murfreesboro
Tomorrow kicks off the Bureau of Workers’ Compensation’s 22nd Annual Educational Conference at the Embassy Suites in Murfreesboro. This year’s event will commemorate the 100th anniversary of the Tennessee Workers’ Compensation Law. For our part, the Court of Workers’ Compensation Claims will once again offer two sessions on legal ethics. First, back by popular demand, … Continue reading See You In Murfreesboro
More on the SD-2
By Judge Pamela B. Johnson, Knoxville Recap: In my last blog post discussing the Statistical Data Form, I focused on the importance of the form and explained that the Bureau of Workers’ Compensation uses the data collected to complete its Annual Report to the Legislature. The data is also supplied to national organizations that measure the … Continue reading More on the SD-2
Summer’s here!
There will be no settlement approvals statewide on the following dates: June 12-14: The Bureau's Educational Conference; July 4: Independence Day; July 18-19: Judicial Meeting; and, September 2: Labor Day. The Nashville office only will conduct settlement approvals on June 12. Be safe, and enjoy the warm weather.
Oral arguments revisit willful misconduct under Mitchell
By Sarah Byrne, staff attorney, Nashville The Tennessee Supreme Court Special Workers’ Compensation Panel, Middle Section, heard arguments on March 25 in Corey Bunton v. Sanderson Pipe Corp., a willful misconduct case appealed from the Court of Workers’ Compensation Claims. From the employee-appellant’s perspective, the Bunton facts illustrate what the Mitchell dissent predicted: the four-factor … Continue reading Oral arguments revisit willful misconduct under Mitchell
Who Let the Dogs Out?
By Judge Audrey Headrick, Chattanooga After reading Judge Brian Addington’s post about “The Lovable, Stubborn Mule,” I felt compelled to write about man’s best friend—dogs. I have to admit that I wasn’t always enamored with dogs. When I was a small child, I was bitten in an unprovoked attack by a bulldog. I thought I … Continue reading Who Let the Dogs Out?
Hitting the 1,000-Order Benchmark
By Chief Judge Kenneth M. Switzer, Nashville On April 18, Judge Dale Tipps issued an expedited hearing order in Howard v. NHC Healthcare/Pulaski LLC. That order became the 1,000th expedited or compensation hearing order released by the Court of Workers’ Compensation Claims. A thousand orders ago, we formed a vision of what the Court would look … Continue reading Hitting the 1,000-Order Benchmark
The Survey Says… (Again)
By Chris Acuff, Statistical Research Analyst As part of the Tennessee Court of Workers’ Compensation Claims’ ongoing efforts to assess the hearing and settlement process, the Bureau of Workers’ Compensation distributed a brief questionnaire that attorneys and self-represented parties should have received within the last two weeks. This survey is similar to the one that … Continue reading The Survey Says… (Again)
The Dig on Gig
By Judge Joshua Davis Baker, Nashville The word “gig” has been thrown around pretty often in the workers’ compensation universe over the last several years. So what exactly is it? When I hear the word, I think of the following exchange at any coffee shop or neighborhood bar: Q: Hey, your band got any gigs … Continue reading The Dig on Gig
Uninsured Employers Fund(amentals)
By Judge Dale Tipps, Murfreesboro Attorneys, did you know the Workers’ Compensation Statute contains a Part 8? If you represent injured workers, Part 8 might occasionally cross your path. It established the Uninsured Employers Fund (UEF), which provides for the enforcement of insurance coverage requirements. The part that might intersect with your practice is Tennessee … Continue reading Uninsured Employers Fund(amentals)
The Loveable, Stubborn Mule
By Judge Brian Addington, Gray When I was a little boy, we had a friend who owned a farm. We visited often because the farm was on our way to church. One day, the farmer asked my brother if he wanted to ride his mule. My brother agreed, so the farmer brought out the mule. … Continue reading The Loveable, Stubborn Mule
Mark your Calendars
As promised, here's an update about commemorations of the centennial of the Workers' Compensation Law. The Knoxville office of the Bureau of Workers’ Compensation is celebrating the 100-year anniversary on April 15 and 18 from 10:00 a.m. through 12:00 p.m. The Cookeville office will celebrate on April 10 from 1:30 to 2:30 p.m. The Kingsport/Gray … Continue reading Mark your Calendars
Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD
Tennessee Code Annotated section 50-6-207(3)(F) does not allow additional permanent partial disability benefits to undocumented workers. An injured worker challenged the law in the Court of Workers' Compensation Claims, but the trial court determined it had no authority to determine the facial constitutionality of a statute. Yesterday the Tennessee Supreme Court Special Workers' Compensation Appeals … Continue reading Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD
Celebrating 100 years of Workers’ Compensation in Tennessee
By Judge Allen Phillips, Jackson In 1919, the Tennessee General Assembly passed the “Workmen’s Compensation Act.” Thus began the first century of what has been called the “Grand Bargain” in our state: employers providing benefits to injured workers without regard to fault, and in exchange the worker recovering only those benefits set forth in the … Continue reading Celebrating 100 years of Workers’ Compensation in Tennessee
Panel to clarify perm total analysis
By Jane Salem, staff attorney, Nashville Did the Tennessee Workers’ Compensation Appeals Board err by using the “meaningful return to work” analysis in determining the propriety of an award of permanent total disability benefits, when that analysis traditionally applies to permanent partial disability benefits? The Special Workers’ Compensation Panel of the Tennessee Supreme Court will … Continue reading Panel to clarify perm total analysis
More Than a Name on a Wall
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
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
From the Bench 