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
Author: tncourtofwcclaims
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!
In re Cooperation
By Judge Lisa A. Lowe, Knoxville Several months ago, a committee was formed within the Bureau of Workers’ Compensation to examine the process of the issuance of the dispute certification notice. The committee consisted of judges, mediators and program coordinators. One of its goals was to ensure greater consistency with regard to which documents are … Continue reading In re Cooperation
Assisting Injured Employees who Work for the Uninsured, part two
By Attorney Richard Murrell Last week, Judge Robert Durham offered an overview of the Uninsured Employers Fund (UEF) provision within the Workers’ Compensation Law. As Judge Durham noted, an injured employee of an uninsured employer faces significant barriers to recovery and return to work. Even if the employer is solvent, very few have the cash … Continue reading Assisting Injured Employees who Work for the Uninsured, part two
The Uninsured Employers Fund: Making a Silk Purse from a Sow’s Ear
By Judge Robert V. Durham, Cookeville Back in the old days -- you know, before 2014 -- injured employees of uninsured employers were, in the vast majority of cases, simply out of luck. While they might be able to obtain a judgment against their employers, it did little good, since the reason most uninsured employers … Continue reading The Uninsured Employers Fund: Making a Silk Purse from a Sow’s Ear
Appeals Board to Hear Arguments in Knoxville
The Tennessee Workers’ Compensation Appeals Board announced it will conduct its next set of oral arguments in Knoxville for the first time since the Board’s creation in 2014. First up at the June 22 arguments is Evans v. The Home Depot U.S.A, Inc., where the Court will review the grant of summary judgment favoring the … Continue reading Appeals Board to Hear Arguments in Knoxville
Ignoring the Elephant
By Judge Robert V. Durham, Cookeville It is the fundamental rule of courtroom practice, pounded into the heads and hearts of litigators from the first day of law school, so basic that even those who received their legal education from Law and Order reruns know it is taboo -- when examining a witness in court, … Continue reading Ignoring the Elephant
In re The Greatest American Hero
By Judge Brian Addington, Kingsport I have always liked a hero. When I was in the seventh grade, I met one of Alvin York’s sons. He brought the MGM movie “Sergeant York” to my school, showed it, and also gave a talk about his dad. I was one of the few kids who knew about … Continue reading In re The Greatest American Hero
How are we Doing?
By Chief Judge Kenneth M. Switzer Spring is upon us once again, and it is time for the annual survey regarding the judges of the Court of Workers’ Compensation Claims. We appreciated your input in last year’s survey and humbly ask for your follow up. Each of the 12 judges will be individually listed for … Continue reading How are we Doing?
Discovery Dos and … please don’t do that!
By Judge Joshua Davis Baker, Nashville As all legal practitioners know, discovery is as common as a cold. As we also know, it can be laborious, time-consuming, frustrating and, at times, downright non-productive. However, like the mail, neither rain, nor sleet, nor snow can prevent it from happening. In the Court’s three-year history, the … Continue reading Discovery Dos and … please don’t do that!
From the Bench 