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
Author: tncourtofwcclaims
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
Revised PBD Form Goes Live Tomorrow
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
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.
From the Bench 