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
Author: tncourtofwcclaims
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!
Can I wait a year to refile after a dismissal without prejudice?
By Judge Pamela B. Johnson, Knoxville “We’ll see.” It is a phrase so many of us heard as children and, if you’re like me, it is a phrase you now use with your own children. Q: “Mom, can we stop for ice cream?” A: “We’ll see.” Q: “Mom, can I buy a toy?” A: “We’ll … Continue reading Can I wait a year to refile after a dismissal without prejudice?
You gotta eat!
By Judge Audrey Headrick, Chattanooga As a working mom, I’m always thinking about time-saving ways that I can plan ahead for a meal. On a recent drive to work, I thought about my homemade lasagna that everyone in my family loves. Lasagna isn’t hard to make, and I’ve made my recipe so many times that … Continue reading You gotta eat!
Meet Deana Seymour
Soon-to-be-Judge Deana Seymour’s mantra is short and simple: Try. Seymour will join the Court of Workers’ Compensation Claims, sitting in Memphis, after her April 5, 2016 swearing-in. She is a partner at Rainey, Kizer, Reviere and Bell, PLC in Jackson, where she concentrates in workers’ compensation and tort litigation. Seymour’s first entry into the world … Continue reading Meet Deana Seymour
Appeals Board Announces Oral Arguments
The Tennessee Workers' Compensation Appeals Board will hear oral arguments on May 4, 2017, at the Supreme Court Building in Nashville. First up on the docket is Bass v. The Home Depot. In the case, Clarence Bass alleged suffering hand and wrist injuries while moving a shopping cart. The central dispute at the compensation hearing … Continue reading Appeals Board Announces Oral Arguments
Deana Seymour appointed to Tennessee Workers’ Comp bench
The Bureau of Workers’ Compensation announces the appointment of Deana Seymour as a trial judge on the Court of Workers’ Compensation Claims. Ms. Seymour will sit in Memphis after her April 5, 2017 swearing-in. Currently one judge sits in Memphis: the Honorable Jim Umsted, who will be retiring the first week of April. Ms. Seymour’s … Continue reading Deana Seymour appointed to Tennessee Workers’ Comp bench
Learning the Limitations
By Judge Thomas Wyatt, Chattanooga Arnold H. Glasow was a twentieth-century American writer known for one-line descriptions of practices that breed success in business. Among his most familiar quotes is the admonition to “live so that your friends can defend you, but never have to.” Although written for a non-lawyer audience, another of Mr. Glasow’s … Continue reading Learning the Limitations
In re: Flying Solo
By Judge Brian Addington, Kingsport About six years ago, I had the pleasure to meet a master bladesmith, Burt Foster. He is pretty famous, having appeared on various radio and television shows. He won an episode of “Forged in Fire,” and has routinely won other competitions against master bladesmiths. His knives are known all over … Continue reading In re: Flying Solo
Appeals Board decisions from 2016, part two
By Jane Salem Welcome back to my recap of weighty Appeals Board decisions for the second half of 2016. Last week, I looked at a few compensation hearing appeals and started into the vast majority of the Board’s docket these days: expedited hearing appeals. Because there are so many, I won’t mention them all, but … Continue reading Appeals Board decisions from 2016, part two
A look back at the Appeals Board rulings 2016
By Jane Salem, staff attorney, Nashville A very belated Happy New Year to year, and I hope 2017 is starting off well! I recently realized it has been quite some time since I last wrote about the Appeals Boards’ opinions. So, what follows is a two-part recap of some of the more significant Board rulings for … Continue reading A look back at the Appeals Board rulings 2016
Lessons Learned, Part Two
By Judge Kenneth M. Switzer Welcome back to our discussion regarding the emerging themes from our recent listening sessions. As a reminder, Brian Holmes, Director of Mediation and Ombudsmen Services of Tennessee (MOST), and I visited each Bureau office in November and December to meet with practitioners and hear how the post-July 1, 2014 system … Continue reading Lessons Learned, Part Two
Lessons Learned from the Listening Tour
By Chief Judge Kenneth M. Switzer We took the show on the road. Beginning in Murfreesboro on November 15 and ending in Knoxville on December 14, Brian Holmes, Director of Mediation and Ombudsmen Services of Tennessee (MOST), and I traveled the state conducting “listening sessions” on the mediation and court system. We visited each of … Continue reading Lessons Learned from the Listening Tour
In re: Touching the Face of God
By Judge Brian Addington, Kingsport On Monday night, January 27, 1986, I got home late from college. Since I commuted, I decided to either take Monday-Wednesday-Friday classes or Tuesday-Thursday classes. That semester it was the former, so I had Tuesday off. I was tired from a long day of schoolwork, but I decided to call … Continue reading In re: Touching the Face of God
Re-defining the UR Rules
By Sarah G. Byrne Shortly before Christmas, my brother posted a picture of my nephew on Facebook. He was sporting a tee-shirt challenging Santa to define the word “good.” My first thought: He’ll be a lawyer. After all, lawyers are wordsmiths who agonize over every word in order to re-define the rules. Speaking of, the … Continue reading Re-defining the UR Rules
Keep us in the Loop
In a recent case scheduled for a compensation hearing, the judge noticed a few days prior that counsel filed nothing since the last court appearance. Staff contacted the lawyers, who indicated they were negotiating a settlement, needed a continuance and that they would file a motion. On the day of the hearing, no one appeared … Continue reading Keep us in the Loop
Practices and Procedures Updated
Every few months or so, we take a fresh look at our Practices and Procedures with an eye toward if they’re working well in the application. We also consider if anything new should be added in light of recent experience. Thus, we have revised the Practices and Procedures as follows. Rule 1.03, Subsection J Promptness for … Continue reading Practices and Procedures Updated
In re: ‘Tis the Season for Injuries
By Judge Brian Addington, Kingsport As Christmas music has taken over the radios this time of year, I’ve tried to think of my favorite songs. I wrote a blog post in October about the song, “Baby, It’s Cold Outside,” but it is only one of many favorites. “Jingle Bells,” “Silent Night,” “It Came Upon a Midnight … Continue reading In re: ‘Tis the Season for Injuries
Help Wanted in Memphis
It's a bad news/good news scenario. The bad news: Judge Jim Umsted, Memphis, will be retiring shortly. The good news: He will continue to assist on a part-time basis to review/approve settlements in Memphis. The Bureau of Workers' Compensation and the Court of Workers' Compensation Claims in particular are grateful to Judge Umsted for his … Continue reading Help Wanted in Memphis
From the Bench 