On May 5, 2016, two new Petition For Benefit Determination (PBD) forms should appear on our website. As we approach the end of the second year of the workers’ compensation reform, we have completed a thorough evaluation of the PBD form. Based on feedback from participants in the system, we have made substantial changes. The … Continue reading Revised PBD Form Goes Live Tomorrow
Author: tncourtofwcclaims
Wanted: Your Feedback
By Chief Judge Kenneth M. SwitzerOn Monday, May the 2nd, the Clerk forwarded an electronic survey to all attorneys on our list who have participated in some manner with the Court of Workers’ Compensation Claims since July 1, 2014. This survey consists of nine areas of performance for each of the judges. It may be … Continue reading Wanted: Your Feedback
Be Aware of Reform Act Penalty Provisions
By Judge Audrey Headrick, Chattanooga Did you know that workers’ compensation judges have statutory authority to issue penalties in two situations? The first situation where workers’ compensation judges may issue penalties is pursuant to Tennessee Code Annotated section 50-6-118(d) (2015). It states as follows: If an employee receives a settlement, judgment or decree under this … Continue reading Be Aware of Reform Act Penalty Provisions
April Appeals Board decisions, etc.
Let's do the "etc." first with a pair of announcements:1) Please be advised that there will be no settlement approvals in the Nashville office on Friday, April 29, 2016.2) We have updated the subpoena form on the website to contain HIPAA-compliant language when requesting medical information.With regard to activity from the Appeals Board, it has been roughly five … Continue reading April Appeals Board decisions, etc.
When the File Grows…
By Judges Brian Addington and Josh BakerA large part of a judge’s duty is to read the pleadings, exhibits, and depositions submitted by the parties. At times though, the paperwork can be extremely voluminous. Justice Antonin Scalia once famously asked Deputy Solicitor General Edwin Kneedler, “You really want us to go through these 2,700 pages?” … Continue reading When the File Grows…
More Renovations Underway
Last week, we substantially upgraded the courtrooms in Jackson and Memphis. The new benches generally look like this.We're very excited about and grateful for each and every improvement.In other news, yesterday the Court Clerk emailed the first survey referenced in a March 22, 2016 blog post. This short survey asks recent consumers of our Court … Continue reading More Renovations Underway
File Review Expedited Hearings: An Efficient Process for Resolution
By Judge Allen Phillips, JacksonWhen there is a dispute over medical and/or temporary benefits, the expedited hearing process provides an avenue for efficient resolution. This post will detail the process with an emphasis on a “file review” expedited hearing.Rule 0800-02-21-.14 (scroll to page 9) provides the procedure for Expedited Hearings. First and foremost, it must be … Continue reading File Review Expedited Hearings: An Efficient Process for Resolution
"Pardon our Progress"
I recently saw that euphemism for dusty remodeling at a store.This week, we're proud to unveil the new look in Cookeville's courtroom. And there's no dust whatsoever.
Murfreesboro Courtroom gets a Makeover
How are We Doing? And Rules, Forms Changes in the Works
By Chief Judge Kenneth M. SwitzerIf you are like me, you receive a few calls at home at night asking to take “just five minutes” of your time to respond to a survey. (Usually when they discover that I am 64, the survey ends abruptly. Seems my demographic no longer has value. This is likely … Continue reading How are We Doing? And Rules, Forms Changes in the Works
Happy Second Day of Spring
Last week, the Appeals Board looked at the Coming and Going rule for the first time in Dugger v. Home Health Care of Middle Tennessee, LLC, et al.Also, in observance of Good Friday, state offices are closed on March 25, 2016.
Congratulations to Chief Judge Switzer
The Tennessee Bureau of Workers’ Compensation proudly announces the induction of the Chief Judge of its Court of Workers’ Compensation Claims, Kenneth M. Switzer, as a Fellow of the College of Workers' Compensation Lawyers. Chief Judge Switzer’s induction took place on Saturday, March 12, 2016, in New Orleans. The College of Workers’ Compensation Lawyers honors attorneys who … Continue reading Congratulations to Chief Judge Switzer
Appeals Board Opinions, March 7-11, 2016
In an effort to help practitioners and parties stay current, going forward we will periodically announce when Appeals Board opinions are released. On a related note, last week, the Tennessee Bar Association began publicizing the release of Reform Act appellate opinions as well in TBAToday. You must be a member to access TBAToday.Hamilton v. Kenco … Continue reading Appeals Board Opinions, March 7-11, 2016
Mark your Calendars
The Tennessee Bureau of Workers' Compensation will be conducting an education conference targeted to medical providers and attorneys on June 11-12, 2016, in at the Embassy Suites in Knoxville. Proper techniques for using and applying the AMA Guides, 6th Edition will be discussed on Saturday the 11th, and updates on medical aspects of Tennessee Workers’ … Continue reading Mark your Calendars
Please see this month’s TBA Journal
We're excited to be featured in this month's Tennessee Bar Journal. These articles recap many of the themes we've touched upon previously in this blog, and in our various continuing legal education and other public-speaking forays. We hope you find it helpful.
Evening Things Out
By Chief Judge Kenneth M. SwitzerFrom time to time, it's important to take a look at where persons in Tennessee are becoming injured on the job, and reassess whether they truly have efficient and convenient access to the Court of Workers' Compensation Claims. Stated another way, it becomes apparent that some judges' dockets are trending too … Continue reading Evening Things Out
New Treatment Guidelines Take Effect on February 28, 2016
By Dr. Robert Snyder, M.D.Treatment Guidelines (Work Loss Data Institute, ODG) have been adopted by the Tennessee Bureau of Workers’ Compensation. All interested and affected parties will now be able to access and use the same information for determining the medical necessity and appropriateness of recommended treatments. The guidelines are not a mandate but are a … Continue reading New Treatment Guidelines Take Effect on February 28, 2016
Dealing with Deadlines
By Judge Robert V. Durham,CookevilleIt happens to every attorney at some point in his or her career. Your eyes pop open in the middle of the night. You’re bathed in cold sweat with your stomach tied up in knots. One thought is racing through your head—“Did I just miss a deadline?”Deadlines are a dreaded, but … Continue reading Dealing with Deadlines
In Re: Soup
By Judge Brian Addington, Court of Workers' Compensation Claims, KingsportThe temperature plummeted to a morning low in Kingsport today of 16 degrees. Tomorrow, snow is in the forecast. We're very much in the thick of soup weather. I love soup and chili. My favorites are potato soup, Italian wedding soup, and vegetable-beef soup. A bowl … Continue reading In Re: Soup
Pain Management Presents Complex Issues for UR
By Judges Brian Addington and Dale TippsIn recent years, sadly, Tennessee has struggled with issues concerning prescription pain medications. Tennessee was in the top ten states for the number of prescribed pain medications in 2012. In addition, a 2010 report for the Centers for Disease Control and Prevention found that Tennessee ranked eighth nationally nationally for drug-overdose deaths. Opioid addiction … Continue reading Pain Management Presents Complex Issues for UR
From the Bench 