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
Author: tncourtofwcclaims
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!
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