Earlier this month, the Tennessee Supreme Court activated a limited disaster plan for all the trial courts in the First, Second, Third, and Fourth Judicial Districts after severe flooding that occurred September 26 and 27, 2024, in the wake of Hurricane Helene. The Supreme Court is granting a 45-day extension of mandatory deadlines contained in the Tennessee … Continue reading Workers’ Compensation Courts Grant Hurricane Helene Relief to Affected Areas
Author: tncourtofwcclaims
Weighty Perm Total Opinion in the Works
By Traci Haynes, staff attorney, Gray One of the most commonly asked questions at mediation is, “If I accept the initial payment of permanent partial disability, will it prevent me from requesting permanent total after the initial compensation period?” For years it has gone unanswered. The Appeals Board heard arguments on this issue of first … Continue reading Weighty Perm Total Opinion in the Works
See you Wednesday!
Settlement approvals can be challenging--especially if you're a new attorney. But even seasoned lawyers sometimes present agreements that aren't approved. So remember to register for this Wednesday's free continuing legal education seminar about settlement approvals. Click here for details and the link to register. October 30, When It's Time to Settle, starts promptly at 11:30 … Continue reading See you Wednesday!
The Essential Functions of a Job Drive a Return-to-Work Offer
By Sarah Byrne, staff attorney, Nashville On Monday, the Appeals Board reversed the trial court in Bibiane Francoeur v. Amerimed Medical Solutions, LLC. The employer appealed an expedited award of temporary disability for Ms. Francoeur, whose no-driving restriction prevented her from getting to work—where Amerimed could’ve accommodated her work restrictions. The decision “hinge[d] on whether … Continue reading The Essential Functions of a Job Drive a Return-to-Work Offer
Don’t forget to register for Wednesday’s Free CLE
Just a reminder that you must pre-register for each of the four weekly upcoming continuing legal education seminars that are starting this Wednesday. This week's program: Update on Court Procedures and Best Practices. October 23, 2024, 11:30 a.m. Central Time/12:30 Eastern Time | Register for Webinar 1 Judges Joshua Davis Baker, Pamela Beason Johnson, and Amber … Continue reading Don’t forget to register for Wednesday’s Free CLE
Just the Facts: How “Willful” the Conduct
By Taylor Skees, staff attorney, Memphis The Appeals Board heard oral arguments on Oct. 1 in Dingus v. Grand Piano and Furniture Company to determine if Gary Dingus willfully failed to wear a safety device, which would bar his claim for benefits. The parties agree that Dingus fell from a forklift and fractured his spine … Continue reading Just the Facts: How “Willful” the Conduct
Registration is Open for Free CLE Series for Attorneys
The Tennessee Bureau of Workers’ Compensation is offering up to four hours of continuing legal education credits this fall. This is in response to the lower than anticipated number of credits awarded for our annual educational conference this year. The judges of the Court of Workers’ Compensation Claims have created and will host four individual, … Continue reading Registration is Open for Free CLE Series for Attorneys
Judge Johnson Receives Honor from NAWCJ
By Jane Salem, staff attorney, Nashville Last month, our very own Judge Pamela B. Johnson was inducted into the National Association of Workers’ Compensation Judiciary 2024 Adjudicators Hall of Fame. Judge Johnson says she was “surprised and very honored” by the NAWCJ recognition, which she received at the group’s annual meeting in Orlando. She remarks, … Continue reading Judge Johnson Receives Honor from NAWCJ
Bureau to Offer Free Continuing Legal Education
Perhaps you attended the Bureau’s annual educational conference and noticed afterward that fewer continuing legal education credits were awarded than in previous years. We certainly noticed, and in an effort to help you meet your licensure/educational requirements, we’re planning a series of free continuing legal education sessions. We’re ironing out the details. But for now, … Continue reading Bureau to Offer Free Continuing Legal Education
Fall oral arguments set
Last week, the Appeals Board announced it will hold arguments in three cases on October 1 in Knoxville. First up will be Gary Dingus v. Grand Piano and Furniture Co., where the trial court denied a defense of willful failure to wear a safety device and awarded benefits after a compensation hearing. The employee, a … Continue reading Fall oral arguments set
Minimum Comp Rate Applies, Even Against Social Security Offset
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board answered an issue of first impression about statutory construction and in particular whether an employer is entitled to the Social Security offset in section 50-6-207(4)(A)(i), when applying it lowers an employee’s compensation rate below the “minimum weekly benefit” as defined by statute. The Board … Continue reading Minimum Comp Rate Applies, Even Against Social Security Offset
Confessions of a Probate Non-Expert
By Judge Dale Tipps, Murfreesboro One of the things I enjoyed about workers’ compensation when I was in private practice was that it was always familiar. True, there were often unique facts or novel legal issues, but they were safely ensconced in a knowable statutory framework. I usually enjoyed other areas of practice, too. You … Continue reading Confessions of a Probate Non-Expert
Panel to Hear Edwards v. Peoplease
Earlier this month, the Tennessee Workers’ Compensation Appeals Board reached different conclusions in Edwards v. Peoplease on the medical causation issue, in this case involving the alleged aggravation of a preexisting condition. The majority concluded Edwards did not prove the injury and need for knee replacements arose primarily from work but rather the employee’s preexisting … Continue reading Panel to Hear Edwards v. Peoplease
Panel Upholds Constitutionality of Two Key Sections of the Workers’ Comp Law
By Jane Salem, staff attorney, Nashville Last Friday, the Tennessee Supreme Court released a Panel decision finding two significant provisions of the Reform Act constitutional, in Worrell v. Obion County School District. The opinion came about a decade after the Reform Act took effect. It wasn’t the first time that a party challenged the law, … Continue reading Panel Upholds Constitutionality of Two Key Sections of the Workers’ Comp Law
CrowdStrike Impacts Bureau Business Today
Among Bureau staff, some of our computers are working just fine; some can't even log in. TNComp might work for you; it might not. Today's a technology wildcard. We hope it will be resolved by next week. If you need assistance today, we'll do our best. We're not closed, but some people might have limited … Continue reading CrowdStrike Impacts Bureau Business Today
Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
By Kaitlynn Lehman, 2L, Court intern, Belmont College of Law, Nashville Writing to you “From the Bench,” my name is Kaitlynn Lehman, and I’ve just finished my first year of law school at Belmont University. The Tennessee Bureau of Workers’ Compensation has taken me under its wing as an intern to show me the ins … Continue reading Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
Board Issues Decision in Ridley v. Mature Care
Yesterday, the Tennessee Workers’ Compensation Appeals Board released its decision in Ridley v. Mature Care of Standifer Place. The Board held oral arguments in the case last month at the Bureau’s Educational Conference before several hundred attendees. The Appeals Board held oral arguments on June 13, 2024. Left to right, they are Judge Pele Godkin, … Continue reading Board Issues Decision in Ridley v. Mature Care
Board Splits on Preexisting Condition Aggravations
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Workers’ Compensation Appeals Board, in a divided decision, considered a case in which the employee suffered a work injury that she claims aggravated a preexisting condition and caused the need for a particular treatment. The Board took a deep dive into four expert opinions. The … Continue reading Board Splits on Preexisting Condition Aggravations
Happy Fourth of July
By Chief Judge Kenneth M. Switzer, Nashville While riding my bike early this morning, for some reason I began to reflect on the 4th of July--probably because it’s tomorrow. State offices will be closed. Don’t forget to omit the holiday in counting timeframes/deadlines under our rules. No settlement approvals. But beyond the day off. Beyond … Continue reading Happy Fourth of July
Happy “Tinth” Anniversary to Us
By Judge Brian Addington, Gray It’s our traditional “tin or aluminum” anniversary today. July 1 marks the tenth anniversary of the Tennessee Court of Workers’ Compensation Claims. The Court was established on July 1, 2014, with eight judges: Josh Baker, Pamela Johnson, Lisa Lowe, Allen Phillips, Kenneth Switzer, Jim Umsted, Tom Wyatt, and myself. The … Continue reading Happy “Tinth” Anniversary to Us
From the Bench 