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
Author: tncourtofwcclaims
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
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
State Offices Closed Next Wednesday
There will be no settlement approvals on Wednesday, November 11, 2015, in honor of Veterans' Day.
How to Settle Your Case
The vast majority of cases resolve via settlement rather than adjudication, and the Court of Workers’ Compensation Claims is no different. From November 2014, when new-law settlements were first presented to the Court, through September 2015, the judges approved approximately 2,204 settlements, roughly 183 per judge. Some of our offices (Knoxville, Memphis and Nashville) are … Continue reading How to Settle Your Case
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
Give Peace a Chance
In any contested case pending in our Court, typically there will be two opportunities -- before an interlocutory, expedited hearing and before a final compensation hearing -- to explore settlement options, using the help of the Bureau of Workers’ Compensation’s experienced, highly effective mediators.Allow me to brag on our mediators for a moment. They have … Continue reading Give Peace a Chance
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
You’re Cordially Invited
To the right, you'll see the latest "gadget" added to this blog: a Calendar listing all Expedited and Compensation Hearings for every judge. (If you can't see it, try downloading Google Chrome and use that browser to view this blog.) We are a public Court and our doors are open. The goals of posting this calendar are … Continue reading You’re Cordially Invited
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
From the Bench 