By Judges Pamela B. Johnson, Lisa Lowe Knott and Dale Tipps Attorneys love certainty. They like to tell their clients what will happen, rather than what they think will happen or what should happen. Ambiguity drives them crazy. This perhaps explains why closed medical benefit settlements are the source of much weeping and gnashing of … Continue reading Best Practices for Closing Future Medicals
Author: tncourtofwcclaims
We’ve Moved!
Welcome to the Court blog's new home on WordPress. We've taken on a new look, which we hope you find aesthetically preferable to our old digs on Blogger. Our blog is new and improved. More importantly, we've added new features: If you'd like to receive emails whenever we post new information, you may sign up to follow … Continue reading We’ve Moved!
Appeals Board Issues Opinion Disfavoring Bifurcation
The Tennessee Workers’ Compensation Appeals Board sent a rather forceful message regarding the bifurcation of compensation hearings yesterday in Cotton v. HUMACare, Inc., et al. In a word, don’t. The case involved Karen Cotton’s entitlement to survivor benefits after her husband fell to his death from atop a cell tower on the job for Central … Continue reading Appeals Board Issues Opinion Disfavoring Bifurcation
Appeals Board Affirms in Lightfoot
The Tennessee Workers' Compensation Appeals Board affirmed the order of the Hon. Audrey Headrick, Chattanooga, on Monday in Lightfoot v. Xerox Business Services. In a 2-1 opinion, Presiding Judge Marshall Davidson found Judge Headrick did not abuse her discretion in dismissing the case with prejudice for failure to prosecute. The case sat on Judge Headrick's docket … Continue reading Appeals Board Affirms in Lightfoot
Court Releases Video to Assist Self-Represented Litigants
http://www.youtube.com/watch?v=P3cLqY638IM We're pleased to add a new video, available on the Court's website and above, to the tools the Court and the Bureau have developed to help self-represented persons better understand hearing procedure. As a reminder, other resources include the access to an ombudsman at 800-332-2667, as well as the Guidebook for self-represented employees.
Oral Arguments Redux
The Bureau's Communications Coordinator, Anna K. Houser, captured a few of photographic highlights from last week's oral arguments at Belmont University College of Law in Nashville. Excellent work, Ms. Houser. Judge Timothy Conner of the Tennessee Workers' Compensation Appeals Board asks a question, while Judges Marshall Davidson (presiding) and David Hensley listened intently to the … Continue reading Oral Arguments Redux
Appeals Board Conducts its First Oral Arguments
By Jane Salem, Staff Attorney, Court of Workers' Compensation Claims The Tennessee Workers Compensation Appeals Board must decide whether to breathe new life into two cases dismissed with prejudice. The Board held its first set of oral arguments on Aug. 31 at Belmont University College of Law in Nashville, before a courtroom packed with lawyers, Bureau … Continue reading Appeals Board Conducts its First Oral Arguments
History in the Making
Mark your calendars for an upcoming historical event!The Workers' Compensation Appeals Board announced last month that it will conduct its very first pair of oral arguments on August 31, 2016, in the courtroom at Belmont University College of Law in Nashville, commencing at 9:30 a.m. Central. The Board will hear Lightfoot v. Xerox Business Services. Per … Continue reading History in the Making
In Re: Baby, It’s Cold Outside
By Judge Brian Addington, KingsportBoy, has it been hot! I cannot remember a hotter summer, although the record books say some recent years were just as steamy. I like to stay indoors when it gets this warm and try to think about cooler days. Which leads me to the song, "Baby, It's Cold Outside," written by … Continue reading In Re: Baby, It’s Cold Outside
What’s New with the Practices and Procedures?
When the Court updated its Practices and Procedures in July 2016, you may have found yourself asking “what’s new?” or “what’s different?” Some changes were minimal and likely went unnoticed by most. For example, the phrase “pro se” was changed to “self-represented” for consistency. However, there were a few substantive changes as well. Below are the changes for which you … Continue reading What’s New with the Practices and Procedures?
Help us Alleviate a Hiccup
Like most courts, the vast majority of cases in the Court of Workers' Compensation Claims settle. We, of course, view this favorably, as research generally suggests settling is better than going to trial.Nonetheless, we have noticed a small hiccup in our settlement approval process, and we respectfully ask for your help to cure it.Here's what happens: … Continue reading Help us Alleviate a Hiccup
In Re: The Fourth Estate
By Judge Brian Addington, Kingsport, and Jane Salem, staff attorneyJean-Baptiste Alphonse Karr, a Nineteenth Century French journalist, is credited with saying, "The more things change, the more they stay the same." Change happens all the time. Some folks like it; some do not.On July 1, 2014, the Workers’ Compensation Law changed in Tennessee. The idea … Continue reading In Re: The Fourth Estate
Motion Practice On the Rise
As time has passed, we have noted an increase in the number of motions being filed. Although this was not completely unexpected, we are surprised at the current volume of motions. This purpose of this post is to summarize the process by which the Court of Workers’ Compensation Claims operates when it comes to motions. … Continue reading Motion Practice On the Rise
No Settlement Approvals on July 22
There will be no settlement approvals statewide on Friday, July 22, because the judges will be at an education conference that day. Some of the judges will be en route on Thursday, July 21, so if you plan to seek an approval that morning, you might wish to check with your local office to see if … Continue reading No Settlement Approvals on July 22
A Primer on Discovery, Part Two
Last week, we summarized the rules for discovery in the early phases of a workers’ compensation claim through the mediation phase. This week, we’ll look at discovery once the mediator certifies a case to the Court of Workers’ Compensation Claims. As previously stated, the information below is meant to offer procedural guidance only. Our … Continue reading A Primer on Discovery, Part Two
A Primer on Discovery, Part One
By Jane Salem, Staff Attorney Under the prior Workers’ Compensation Law, discovery at the administrative level was fairly relaxed. Then came significant change with the Reform Act of 2013, which created the administrative court system and mandated application of the Rules of Civil Procedure and Evidence. Since July 1, 2014, when the amended … Continue reading A Primer on Discovery, Part One
Rule Changes in the Works
By Chief Judge Kenneth M. Switzer You spoke; we listened. The Tennessee Court of Workers' Compensation Claims has operated under a set of administrative rules that were drafted before we opened our doors. Now, with almost two years' experience under our belts, parties, practitioners and we on the Court have come to see what worked well, … Continue reading Rule Changes in the Works
More Guidance from the Appeals Board
Our Appeals Board continues to build a battery of caselaw interpreting the Reform Act. In Sirkin v. Trans Carriers, Inc., et al., the Board pointed out that compensability and causation are not interchangeable concepts. Payne v. D and D Electric, et al. examined summary judgment in the workers' compensation context. The Board discussed bifurcation of compensability … Continue reading More Guidance from the Appeals Board
In Re: Snakes
By Judge Brian Addingtion, KingsportSnakes. You either love them or hate them. I love them. The snake in this photo was innocently warming himself inside my outbuilding this spring. He was two feet long. I have removed a snake from the same location every spring for the last seven years. The one this spring was the smallest so far. My wife is … Continue reading In Re: Snakes
A Few Thoughts on Briefs
Since our court's inception, we have strongly encouraged the filing of briefs in advance of evidentiary hearings, as well as motion hearings that present dispositive or novel issues. Below are a few pointers on brief-writing. 1. It's a brief, not a position paper. Under the old law, attorneys wrote letters or emails to specialists explaining … Continue reading A Few Thoughts on Briefs
From the Bench 