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
Author: tncourtofwcclaims
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
This and that
It is customary as the holidays approach that many persons wish to settle their cases before the year's end. Please be advised that the Bureau of Workers' Compensation will be closed on Dec. 26 and 27, 2016, as well as Jan. 2 and 3, 2017. Also, during open settlements, wait times might be a little … Continue reading This and that
New Mediation and Hearing Procedures Take Effect TODAY
By Judge Robert V. Durham, Cookeville Anything new is rarely perfect on the first try. Just ask Thomas Edison, who had to experiment with thousands of different materials and shapes before discovering the best filament to create a commercially viable light bulb. While none of us in the Court of Workers’ Compensation pretends to be … Continue reading New Mediation and Hearing Procedures Take Effect TODAY
Appeals Board: ‘Mud run’ injury isn’t work-related
Yesterday, the Tennessee Workers’ Compensation Appeals Board reversed a trial judge’s determination that an employee’s injury, sustained during participation in a charity “mud run” alongside co-workers, was compensable. The Board held the employee wasn’t “impliedly required” to race, nor was it part of his work duties. In Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of … Continue reading Appeals Board: ‘Mud run’ injury isn’t work-related
In re: Eastman Explosion in Kingsport
By Staff Attorney Martin Conway and Judge Brian Addington October 4, 1960. John Kennedy and Richard Nixon prepared for their second televised presidential debate. Roberto Clemente and the Pittsburgh Pirates were a day away from beginning their battle with Mickey Mantle and the New York Yankees in the World Series. In Kingsport, Tennessee, the day … Continue reading In re: Eastman Explosion in Kingsport
Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
At the most recent oral arguments before the Tennessee Workers’ Compensation Appeals Board, matters typically handled on the tail end of the litigation moved front and center. The Board considered the finality of judgments, among other issues, in a pair of cases on Nov. 3 in Nashville. In Garassino v. Western Express, the Board examined the … Continue reading Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
No Settlement Approvals on November 11
State offices are closed in honor of Veterans' Day.
Mark your Calendars
“Knowledge speaks, but wisdom listens.” This will be our mantra when conducting a series of listening sessions across the state over the coming month. The Court of Workers’ Compensation Claims and Mediation and Ombudsman Services of Tennessee want to hear from you. We are traveling to locations nearby or at all eight offices of the … Continue reading Mark your Calendars
Getting on Down to the Main Attraction
By Judge Allen Phillips, Jackson "Let's get on down To the main attraction, With a little less talk And a lot more action." I feel reasonably confident that Toby Keith was NOT referring to Tennessee Compilation Rule and Regulation 0800-21-02-.16 in the above refrain. However, the Court of Workers’ Compensation Claims now has a … Continue reading Getting on Down to the Main Attraction
Appeals Board Schedules Oral Arguments
The Tennessee Workers' Compensation Appeals Board recently announced it will convene oral arguments in two cases next month. On Thursday, Nov. 3, at 10:00 a.m., the Appeals Board will hear arguments in Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of Cleveland. Mr. Pope suffered injuries when participating in a charitable “mud run” sponsored by Nebco. At … Continue reading Appeals Board Schedules Oral Arguments
In Re: Spiders
By Judge Brian Addington I really want to dislike spiders. Some of it has to do with their ability to avoid destruction; some of it has to do with watching the "It" miniseries; and some of it has to do with walking headlong into a spider web and having a spider the size of a … Continue reading In Re: Spiders
From the Bench 