By Judge Brian Addington, Kingsport As a child, I always dreaded the end of summer. My school granted me three and a half months of freedom and I loved to take every advantage of it. I spent all day outside as often as I could, running from friend’s house to house and totally enjoying myself. … Continue reading In Re Labor Day
Author: tncourtofwcclaims
Appeals Board Schedules More Arguments
The Tennessee Workers’ Compensation Appeals Board plans to hit the road again soon for more oral arguments. On Wednesday, Aug. 30, the three-judge Board will travel to Memphis for the first time. First up there is Butler v. AAA Cooper Transportation, where the Board will take another look at idiopathic injuries and the willful misconduct … Continue reading Appeals Board Schedules More Arguments
I’ll be Brief…
By Judge Allen Phillips Lawyers often file briefs in advance of evidentiary hearings, some of which are very helpful toward clarifying the issues, highlighting the critical evidence and identifying the applicable law. Other briefs are not so helpful; in fact, the word "kafka-esque" comes to mind. It's that second category that inspired this post about … Continue reading I’ll be Brief…
Bureau Announces New Resource for Self-Represented Litigants
Merriam Webster online defines an attorney as one whose profession is “to advise as to legal rights and obligations,” while an ombudsman is one who “investigates, reports on, and helps settle complaints.” Combine the two, and you’ve got the Bureau’s new Ombudsman Attorney Program, a resource separate from the Court of Workers' Compensation Claims for … Continue reading Bureau Announces New Resource for Self-Represented Litigants
Where to file your Supreme Court Notice of Appeal
By Sarah Byrne, Staff Attorney, Nashville When studying for the bar exam, I dreamed I was living in a glass house. All eyes were on me. Clearly, my mind was coping with fear of others’ judgments, since everyone whose opinion mattered knew I was sitting for the exam. Speaking of judgments, here is an important … Continue reading Where to file your Supreme Court Notice of Appeal
Appeals Board Examines Discovery Rule
By Jane Salem, staff attorney, Nashville; photos by Anna Sudberry, Communications Coordinator, Nashville Does the discovery rule as it relates to the one-year statute of limitations remain viable under the Workers’ Compensation Reform Act? Attorneys responded to vigorous questioning on this and other weighty legal issues from three cases at the most recent oral … Continue reading Appeals Board Examines Discovery Rule
Good-bye and Good Luck
By Judge Brian Addington, Kingsport It was not that long ago that Martin Conway ̶ we call him Marty ̶ came to work for the Bureau as a Specialist IV. Wait a second; it has been nine-plus years! My, how time flies. Marty came to the Bureau from Wimberly Lawson, a private law firm. He … Continue reading Good-bye and Good Luck
Settling Cases with Medicare Set-Aside Agreements
By Judges Joshua Davis Baker, Nashville, and Audrey Headrick, Chattanooga The federal government established a means for parties to settle medical benefits in what is termed a Medicare Set-Aside Arrangement or "MSA." These arrangements are submitted to and approved by Medicare (if you have the patience to wait long enough) and cover what is anticipated … Continue reading Settling Cases with Medicare Set-Aside Agreements
Ten Tips for Better Trial Practice
By Judge Dale Tipps, Murfreesboro I recently gave a presentation on practice tips at the Bureau’s annual Educational Conference. It was such a triumph that I’m going share some of it here. (“Triumph” means I finished on time and no one fell asleep.) Ask the Question. Specifically, ask the doctor. Many expedited hearings could be … Continue reading Ten Tips for Better Trial Practice
In Re Deadman’s Curve
By Judge Brian Addington, Kingsport I grew up liking surfer music. I especially enjoyed the Beach Boys and Jan and Dean. In 1978, the movie “Deadman’s Curve” came out as an autobiographic tale about Jan and Dean. The song by that name reached number eight on the Billboard chart in April 1964; it is a … Continue reading In Re Deadman’s Curve
Appeals Board Opinions Recap, Part Two
By Jane Salem, Staff Attorney, Nashville Welcome back to our review of Appeals Board decisions for the first half of 2017. Now that we've celebrated the Fourth, it's time to start shopping for back to school, right? Last week, we looked at causation. This post will be about everything else. Turning first to some of … Continue reading Appeals Board Opinions Recap, Part Two
Looking Back at 2017’s Causation Cases — So Far
By Jane Salem, Staff Attorney, Nashville July 1 marks the third year of the effective date of the Reform Act. Happy birthday to the Court of Workers’ Compensation Claims; the Appeals Board is a month away from its birthday. July also means the year is already half over, which makes it a suitable time to … Continue reading Looking Back at 2017’s Causation Cases — So Far
If Not Magic Words, Then What?
By Judge Thomas Wyatt, Chattanooga Remember Jack, the beanstalk guy who sold his cow for a pile of magic beans? It got him in trouble. As lawyers, we sometimes want to believe in magic -– especially “magic words.” However, the Appeals Board recently issued a case that dispels that tall tale. As a backdrop, remember … Continue reading If Not Magic Words, Then What?
Presiding Judge Davidson Pens Law Review Article
The Journal of Appellate Practice and Process, a publication of the William H. Bowen School of Law in Little Rock, Ark., recently published Appeals Board Presiding Judge Marshall Davidson's scholarly article entitled Attracting Undue Scrutiny on Appeal: An Appellate Judge's Perspective. The article offers suggestions for trial judges on ways to avoid drawing attention to areas within … Continue reading Presiding Judge Davidson Pens Law Review Article
Preparing for Scheduling Hearings
By Judge Lisa A. Lowe, Knoxville Practicing law is a bit like juggling bowling pins. It takes a lot of finesse and concentration to do it well. Then, throw into the mix the demands of (and joys!) of family and once in a great while making a little time for your own well-being … well, … Continue reading Preparing for Scheduling Hearings
Trial Court Update is Re-scheduled
The Tennessee Workers' Compensation Educational Conference kicks off next Tuesday at the Embassy Suites in Murfreesboro. Attention all Tennessee workers' compensation practitioners: the "Trial Court Update" breakout session scheduled for Wednesday, June 14, has changed timeslots. It will now commence at 3:30 p.m. rather than 1:30. The most recent schedule of all programming is available here. The … Continue reading Trial Court Update is Re-scheduled
A reminder
There will be no settlement approvals statewide June 12-15.
Oral Argument now available for Expedited Appeals
Gov. Bill Haslam signed into law last month a bill revising the Workers' Compensation Law. Click here to navigate to the full-text of Public Chapter No. 344, Senate Bill No. 325. In addition, a summary of the changes is available at the Bureau's website. Among its changes, of particular interest to workers' compensation practitioners, is … Continue reading Oral Argument now available for Expedited Appeals
What does [secure email] mean?
By Jane Salem, Staff Attorney, Nashville I’ve been asked to write about the fascinating topic of data security. While no one would ever call me “techy,” I’m nonetheless going to give this the old college try. But first, to make this an even more exciting read, I’m going to throw in some legal ethics. Earlier … Continue reading What does [secure email] mean?
School’s out!
As we head into summer, we'd like to offer a few reminders on scheduling: The Bureau will be closed on May 29, July 4 and September 4 for the Memorial Day, Fourth of July and Labor Day holidays. There will be no settlement approvals statewide June 12-15 during the Bureau's annual educational conference in Murfreesboro. … Continue reading School’s out!
From the Bench 