By Jane Salem, staff attorney, Nashville A respondent in a workers’ compensation claim may not be taxed with the filing fee at the conclusion of the case unless that respondent has admitted, stipulated, or acknowledged being the “employer,” or is adjudged by the court as the employer. So held the Appeals Board last week in … Continue reading ‘Respondent’ who is not an Employer May Not Owe Filing Fee
Author: tncourtofwcclaims
It’s Your Duty: Candor Toward the Court
By Judge Audrey Headrick, Chattannooga Is withholding information from a judge ever appropriate, or is it misleading? Merriam-Webster defines “candor” as “unreserved, honest, or sincere expression: forthrightness.” For lawyers, Rule 3.3 of the Tennessee Rules of Professional Conduct requires candor toward the court. Subsections (a)-(d) are the most relevant to the Court of Workers’ Compensation Claims: … Continue reading It’s Your Duty: Candor Toward the Court
Congratulations, Judge Addington
Judge Brian K. Addington was inducted as a Fellow of the College of Workers’ Compensation Lawyers on Saturday, April 5, at the Union League Club in Chicago. The College honors attorneys who possess the highest professional qualifications, ethical standards, character, integrity, professional expertise, and leadership. Chief Judge Kenneth M. Switzer said, “Judge Addington’s induction as … Continue reading Congratulations, Judge Addington
I’m a broken record
By Jane Salem, staff attorney, Nashville I love to listen to ‘70s music. I never get tired of some songs. “Lovely Day” by Bill Withers. “Your Song” by Elton John. “Beautiful” By Carole King. I grew up with this music. I’m a broken record in some ways. Remember 45s and cassettes, and the Columbia Music … Continue reading I’m a broken record
When an agreement isn’t a dispute
By Sarah Byrne, staff attorney, Nashville Recently, in Torres v. Allvan Corp., the Appeals Board affirmed a trial court’s decision not to approve a disputed settlement in an accepted claim, since the parties didn’t present sufficient information to convince the judge of a dispute as to “the amount of compensation due” or that the settlement … Continue reading When an agreement isn’t a dispute
Office closures announced
State offices in the following Tennessee counties are closed tomorrow, Wednesday, February 19: Anderson, Bedford, Benton, Bledsoe, Campbell, Cannon, Caroll, Cheatham, Chester, Clairborne, Clay, Coffee, Crockett, Cumberland, Davidson, Decatur, Dekalb, Dickson, Dyer, Fayette, Fentress, Franklin, Gibson, Giles, Grundy, Hancock, Hardeman, Hardin, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Lake, Lauderdale, Lawrence, Lewis, Lincoln, Macon, Madison, … Continue reading Office closures announced
Education is Part of Our Mission (And it’s Fun)
By Judge Brian Addington, Gray Before the pandemic, I reached out to several schools and groups to discern their interest in attending a court presentation about workers’ compensation in Tennessee. I received responses from a few schools, home school groups, and the Cub Scouts. Before the pandemic set in, I was able to host a … Continue reading Education is Part of Our Mission (And it’s Fun)
Settlements will Proceed in Nashville Tomorrow
That's as of noon Tuesday. But the Governor might close the office later if the weather warrants. So please check in again. And as always, be safe.
A Primer on Nashville Affidavit Settlement Approvals
By Sarah Donley, administrative assistant, Nashville. In March 1876, the ambitious inventor Alexander Graham Bell achieved a historic milestone by completing the first-ever successful telephone transmission of clear speech. His resounding words, “Mr. Watson, come here. I want to see you,” marked a new chapter in communication technology. Bell could scarcely have fathomed the extraordinary … Continue reading A Primer on Nashville Affidavit Settlement Approvals
Maury County Settlement Dates
In a previous blog post, we said we'd follow up with the 2025 dates. Here they are. Judge Tipps will conduct approvals at the Maury County Judicial Center, 1115 South Main Street in Columbia, on the following dates: February 18, March 18, April 22, May 20, June 17, July 22, August 19, September 16, October … Continue reading Maury County Settlement Dates
When Simply Caring Isn’t Enough
By Judge Brian Addington, Gray In 1993, a Croatian janitor found an injured white stork. The stork couldn’t fly, so the janitor decided he needed to take care of it. He allowed the bird inside his house and made a place for it to roost, but upon further evaluation decided it best for the bird … Continue reading When Simply Caring Isn’t Enough
Judicial Conference Next Week
This means that no settlements will be heard in any office on January 30 and 31. In Nashville, Chief Judge Switzer will be on the bench at the regular time on January 29. Nashville, however, will be the only office doing approvals on that date. Business as usual on Monday and Tuesday. Thanks for your … Continue reading Judicial Conference Next Week
Appeals Board revises the oral arguments docket for next week
Check it out here. For a refresher about the cases at bar, click here.
Mark your Calendars: Remote Settlement Dates Announced
By Sarah Donley, administrative assistant, Nashville Have you started to consider the exciting adventures that the new year might bring? If you haven’t, here’s an idea: kick off your new year by visiting one of our remote locales for a settlement approval in 2025. As a reminder, we schedule all approvals for the remote sites … Continue reading Mark your Calendars: Remote Settlement Dates Announced
State Offices will Close Tomorrow
Bureau offices will be closed on Friday, January 10 for winter weather. However, many Bureau employees are able to work from home and will do so tomorrow. Be safe and warm.
How to Close Future Medical Benefits
By Judge Dale Tipps, Murfreesboro [Blog administrator’s note: We published this previously but removed it when we realized the newest templates weren’t posted on the Court’s website. The templates have now been added.] If you can remember all the way back to June, you may recall attending an interesting session titled, “TODAY in Tennessee – … Continue reading How to Close Future Medical Benefits
Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
By Jane Salem, staff attorney, Nashville The Appeals Board held last week that an employer must offer a new panel of physicians to an employee under a grant of future open medical benefits, after the authorized treating physician discharged the employee from his care. The Board wasn’t persuaded that the employee’s alleged misconduct amounted to … Continue reading Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
Panel (Again) Upholds Constitutionality in Facial Challenge
By Jane Salem, staff attorney, Nashville The Reform Act of 2013 has survived another constitutional challenge, per opinions released earlier this month from the Tennessee Supreme Court. In the Panel opinion, Brad Wigdor injured his knee when he slipped and fell on oil while working. Electric Research and Manufacturing Cooperative accepted the claim, and he … Continue reading Panel (Again) Upholds Constitutionality in Facial Challenge
Full Supreme Court to decide Significant Aggravation Case
In July, the Tennessee Workers’ Compensation Appeals Board split 2-1 in Edwards v. Peoplease on the medical causation issue. The case involved an assertion of aggravation of a preexisting condition. The majority concluded Edwards did not prove the injury and need for knee replacements arose primarily from work. Rather, according to the majority, the employee’s preexisting arthritis … Continue reading Full Supreme Court to decide Significant Aggravation Case
Nashville settlement hours extended
As the song goes, "It's the most wonderful time of the year." To settle your cases, that is. Open settlement approvals in Nashville on Thursdays will now last until 11:00 a.m. Central time on December 5, 12 and 19.
From the Bench 