Happy Holidays!

Looking back, it has been a productive and exciting year for the Court of Workers' Compensation Claims. By last count on November 30, 2015, the Court conducted 197 Expedited Hearings where a judge issued an order and approved over 3,000 settlements. We also grew by four new judges in 2015, to help accommodate our burgeoning docket … Continue reading Happy Holidays!

Holiday Hours

State offices are closed on December 24, 25 and 31, 2015, and January 1, 2016. There will be no settlement approvals, statewide, on Friday, January 8, 2016, due to a judicial conference. Settlements will be approved in the Nashville office only on Thursday morning, January 7, 2017. 

Wanted: Your Input

WHO:  Workers’ compensation practitioners and Chief Judge Kenneth M. Switzer, Tennessee Court of Workers’ Compensation ClaimsDATE:  Friday, December 11, 2015TIME:  1:30 – 2:30 p.m.LOCATION:  TOSHA Room, Court of Workers’ Compensation Claims Courtroom – 220 French Landing Dr., Nashville     Chief Judge Switzer will be submitting revisions for the Workers’ Compensation Rules and Regulations to the Attorney General’s … Continue reading Wanted: Your Input

Five Ways to Have Your Settlement Agreement Rejected by the Court

By Judge Jim Umsted(Written after a particularly difficult week reviewing settlement agreements.)Believe it or not, the judge wants to approve your settlement agreement, and most settlement agreements are approved. However, if you do any of the following, you may succeed in having your settlement rejected by the Court.Number 1:  Ignore the law.According to Tennessee Code Annotated … Continue reading Five Ways to Have Your Settlement Agreement Rejected by the Court

Dos and Dont’s in the Court of Workers’ Compensation Claims

By Judge Amber LuttrellOver the past 16 months or so, Workers’ Compensation parties and lawyers in Tennessee have expressed feelings of trepidation concerning the new law and court procedures. Undeniably, the 2013 reforms were significant. However, the Court of Workers’ Compensation Claims assures all litigants that they may effectively function under the new-law system by being … Continue reading Dos and Dont’s in the Court of Workers’ Compensation Claims

Revised Rules Reflect our First-Year Experience

Approximately 15 months ago, before this Court even opened its doors, we drafted Practices and Procedures for the Court of Workers' Compensation Claims. We drew upon our collective experience as civil litigators and/or practitioners under the pre-2013 reforms to Tennessee's Workers' Compensation Law. We thought deeply about how the execution of the new law would play … Continue reading Revised Rules Reflect our First-Year Experience

A Busy Year for the Appeals Board, Part Three

The first year for Tennessee's new workers' compensation courts has been as exciting as a trip down the Ocoee. This summer saw the release of several weighty opinions from the Tennessee Workers' Compensation Appeals Board, a few of which are highlighted below. This post will conclude our three-part look back at the Board's first year. Remember, … Continue reading A Busy Year for the Appeals Board, Part Three

A Busy First Year for the Appeals Board, Part Two

Welcome back! Last week, we started a look backward at the opinions from the Tennessee Workers' Compensation Appeals Board from its first year. We began with the court's very first opinion from October 2014, and chronologically covered roughly the first five months. In this post, we'll discuss opinions from spring 2015.As you'll see below, the … Continue reading A Busy First Year for the Appeals Board, Part Two

A Busy First Year for the Appeals Board, Part One

By Jane Salem, Assistant to Chief Judge Kenneth M. SwitzerHappy birthday to us!A little over one year ago, the Tennessee Court of Workers' Compensation Claims and the Appeals Board were borne. Our Courts were created in the historic 2013 reform legislation, which brought Tennessee in line with 48 other jurisdictions in their approach to workers' … Continue reading A Busy First Year for the Appeals Board, Part One

Please be Timely

In the Court of Workers' Compensation Claims, we conduct the vast majority of our non-evidentiary hearings telephonically. We do this principally for the convenience of parties and their lawyers, and because we understand and respect the value of everyone's time.We ask that you do the same. It seems that recently, more and more attorneys call … Continue reading Please be Timely

New filing fee rule for appeals takes effect July 1

FYI:  Starting tomorrow, the standard language in Expedited and Compensation Hearing orders regarding the parties’ appeal rights changes as follows:The appealing party is responsible for payment of a filing fee in the amount of $75.00.  Within ten (10) calendar days after the filing of a notice of appeal, payment must be received by check, money … Continue reading New filing fee rule for appeals takes effect July 1

It’s Official!

On June 11, 2015, Justice William C. Koch Jr. swore in four new judges to the Tennessee Court of Workers' Compensation Claims. Congratulations to them.The new jurists, left to right, are: Judge Robert Durham, Cookeville; Judge Audrey Headrick, Chattanooga; Judge Amber Luttrell, Jackson/Memphis; and Judge Dale Tipps, Murfreesboro/Nashville. Justice William C. Koch Jr., formerly with … Continue reading It’s Official!

New Faces on the Tennessee Workers’ Comp Bench

By Chief Judge Kenneth M. SwitzerI’m happy to announce the newest jurists on the Court of Workers’ Compensation Claims. They are: Robert Durham, Cookeville; Audrey Headrick, Chattanooga; Amber Luttrell, Jackson; and Dale Tipps, Murfreesboro/Nashville.The Administrator of the Division of Workers’ Compensation, Abbie Hudgens, selected the appointees from recommendations of this year’s Workers’ Compensation Interview Committee, … Continue reading New Faces on the Tennessee Workers’ Comp Bench

Why You Gotta Be So Mean?

By Judge Thomas Wyatt In a recent claim, another Workers’ Compensation judge noted that counsel used terms such as “ridiculous,” “asinine,” “fraudulent,” and “untruthful,” in describing their opponent’s positions. This brought to mind that, in one of my first cases, the lawyers exchanged descriptions of “fool” and “idiot” when referring to each other. In my … Continue reading Why You Gotta Be So Mean?